The statute of limitations is a fundamental legal concept that governs the timeframe within which personal injury claims must be filed in Alberta. Understanding this principle is essential for anyone who has been injured and is contemplating legal action. A missed deadline can have severe consequences, potentially barring a claim entirely.

The Statute of Limitations in Alberta

In Alberta, the general statute of limitations for personal injury claims is generally two years from the date of the injury. Exceptions to this general rule include:

 

Minor Children

If the injured person is a minor child, the statute of limitations does not begin to run until they reach the age of majority (18 in Alberta). This exception is designed to protect the rights of minors who may not be able to understand or assert their legal rights fully during childhood.

Disability

If the injured person is disabled (for example, they lack the mental capacity due to a traumatic brain injury to handle their legal affairs), the statute of limitations may be suspended until they are no longer disabled. The claimant/injured person bears the obligation of proving the statute of limitations was suspended due to disability.

Concealment of the Cause of Action

If the defendant intentionally conceals the cause of action from the plaintiff, the statute of limitations may be suspended until the plaintiff discovers the cause of action or should reasonably have discovered it. This exception prevents defendants from taking advantage of plaintiffs unaware of their legal rights. For example, if a doctor fails to disclose a medical error that causes harm to a patient, the statute of limitations may not run until the patient discovers the error.

Foreign Limitation Periods

Under section 12 of the Limitation of Actions Act, where a claim is filed in Alberta but another jurisdiction’s laws apply to the claim, both the foreign and Alberta’s limitation laws apply. If the foreign limitation period is shorter than Alberta’s, the shorter limitation period applies.

 

Calculating the Two-Year Period – The “2/10 Rule”

Alberta’s limitation law is often summarized as “the 2/10 Rule”. This means you typically have two years from the date they knew or ought to have known of their claim (often the date of injury) to file a lawsuit.

10 years is the ultimate limitation period under Alberta law. This means if you don’t discover your claim until more than two years after the injury, you may still be able to sue; however, if more than 10 years have elapsed, the defendant may apply to have the claim dismissed for being past the ultimate limitation period.

In some cases, the date of injury may be disputed, or other factors may complicate the calculation. For example, if the injury is caused by a continuous wrong, such as exposure to hazardous materials, the statute of limitations may not begin to run until the exposure ceases.

The Importance of Acting Promptly

It is essential to act promptly after an injury to protect your legal rights. Delaying legal action can have several negative consequences, including:

Loss of Evidence

Over time, evidence can be lost or destroyed, making it more difficult to prove your case. For example, witnesses may forget details, documents may be misplaced, and physical evidence may deteriorate. This can significantly weaken your claim and make it more challenging to recover compensation.

Statute of Limitations

As discussed above, the statute of limitations is a strict deadline that cannot be extended in most cases. If you miss the deadline, your claim may be barred, regardless of the merits of your case. This means you cannot seek justice or compensation for your injuries, even if the defendant was at fault.

Prejudice to the Defendant

Delaying legal action can prejudice the defendant, as they may be unable to recall events or gather evidence relevant to the case. For example, witnesses may move away, documents may be discarded, and memories may fade. This can make it more difficult for the defendants to defend themselves and may lead to a more favourable outcome for the plaintiff.

 

Navigating the Complexities of Personal Injury Law

While the statute of limitations is crucial, it is essential to understand that personal injury law is a complex area with numerous other legal principles and considerations. These include:

Determining Fault

In Alberta, personal injury claims are typically based on negligence or wrongdoing. To succeed, you must prove that the defendant owed you a duty of care, breached that duty, and caused your injuries. This involves establishing a legal relationship between you and the defendant, demonstrating that the defendant had a legal obligation to act reasonably, and showing that the defendant’s negligence or wrongdoing directly led to your injuries.

Calculating Damages

If your claim is successful, you may be entitled to compensation for various damages, including medical expenses, lost wages, pain and suffering, and future losses. Medical expenses can cover the cost of treatment, rehabilitation, and medications. Lost wages can compensate you for income you have lost or will lose due to your injuries. Pain and suffering can account for your physical and emotional pain. Future losses can include anticipated medical expenses, lost earning capacity, and other future consequences of your injuries.

Insurance Claims

In many cases, personal injury claims involve insurance companies. Understanding the intricacies of insurance law is crucial for maximizing your recovery. Insurance policies often have specific terms and conditions that can affect your claim. It is essential to work with an experienced lawyer who can navigate the complexities of insurance law and ensure that you receive the full compensation you deserve.

 

Conclusion

Given the complexities of personal injury law, consulting with a qualified personal injury lawyer as soon as possible after an injury is highly recommended. A lawyer can provide personalized advice, assess the merits of your case, and guide you through the legal process.

Calgary Personal Injury Lawyers Helping You Understand the Statute of Limitations in Alberta Personal Injury Claims

Time is crucial in Alberta personal injury cases, and it’s imperative that you understand the exceptions and how time can impact your case. The knowledgeable personal injury lawyers at Cuming & Gillespie LLP in Calgary have the experience and knowledge to guide you through a personal injury claim. If you or a loved one has been involved in a motor vehicle accident, a significant slip and fall, a sports accident, or have been affected by the negligence of a school or daycare or a physician or other healthcare provider, we can help. Call us at 403-571-0555 or contact us online to book a consultation today.