Following an accident which has left you injured through the fault of another, you will be entitled to seek compensation. This compensation should be high enough to cover all accident-related expenses, and should be paid to you by the party liable for causing the accident and your resulting injuries.
However, in order to obtain said compensation, you will first need to be aware of the deadlines which need to be met in order for your claim to be valid. This span of time in which you can file a lawsuit, is referred to as the limitation period and governed by Alberta’s Limitations Act. In general, the limitation period will vary between cases and based on why you are suing and what you are suing for.
Because of this, it is important that you have a personal injury lawyer in Leduc at your side who is intimately familiar with the laws surrounding your area, and will thus know which deadlines apply to you and your case. The best time to hire this lawyer is as soon as you believe you have a claim in your hands, since the limitation period generally begins as soon as you discover your injury, which in turn generally is the very day the accident occurred.
The Basics of Limitation Periods
As previously mentioned, limitation periods is the legal term for the time which spans between the accident and when the last day of legal proceedings regarding the said accident is free to take place. The existence of such limitation periods has been deemed to be as means to compromise between a plaintiff’s right to seek compensation, and the defendant’s right to leave the past behind and move on with their life. As a result, any legal action that is taken by the plaintiff after the limitation period, will most likely be declared invalid by the court, and leave the plaintiff without further opportunity of seeking justice in the form of compensation.
Standard Limitation Periods In The Province of Alberta
The Limitations Act, which governs such matters in Alberta, outlines two different types of limitation periods: The discovery rule, which is section 3(1)(a), states that all claimants need to file their claim within the first 2 years. This deadline is set exactly 2 years after all of the following has occurred:
1. The claimant has discovered their injury
2. The claimant has realized that their injury is the result of the defendant’s actions
3. The claimant has decided their injury is severe enough in nature to justify filing a claim
Your lawyer will be able to explain the limitations better and that is one of the reasons that you need to file a claim as early as possible after the accident.