What is the Limitation Period for Personal Injury in Calgary

Accidents and injuries often catch us by surprise, leaving victims in a difficult and vulnerable position. When injuries happen due to someone else’s negligence, the law in Calgary gives you the right to seek compensation. However, like all legal matters, pursuing a personal injury claim comes with certain time limits. In Calgary, as part of Alberta’s legal system, this is known as the limitation period.

Understanding the limitation period is essential because missing the deadline could mean losing your right to pursue legal action, no matter how strong your case is. This article will explore what the limitation period for personal injury is in Calgary, why it matters, and the exceptions you should be aware of.

The Standard Limitation Period for Personal Injury in Calgary

In Calgary, the limitation period for personal injury claims is governed by Alberta’s Limitations Act. The standard limitation period for most personal injury claims is two years. This means that if you have been injured in an accident, you typically have two years from the date of the injury to file a lawsuit against the person or entity responsible.

For instance, if you were involved in a car accident on October 1, 2023, you would have until October 1, 2025, to file a personal injury claim. If you miss this deadline, the courts are unlikely to allow you to pursue your case, even if you have a legitimate claim for compensation.

Why the Limitation Period Matters

The limitation period is a critical factor in any personal injury case because it sets a hard deadline for when legal action must be initiated. If you miss this window, your claim is likely to be dismissed. The law in Alberta takes the limitation period seriously, as it helps ensure that legal matters are addressed in a timely manner while evidence is still fresh and witnesses’ recollections are clear.

Additionally, a limitation period protects defendants from facing legal action for incidents long after the event occurred. It ensures a balance, allowing victims a reasonable time to prepare and file their case while protecting the legal rights of the person being sued.

The Discovery Rule: When Does the Clock Start?

In some cases, the injury or its cause is not immediately apparent at the time of the accident. This is where Alberta’s discovery rule comes into play. Under the discovery rule, the limitation period begins when the injury or the connection between the injury and the accident becomes known—or should have reasonably been known.

For example, let’s say you had a surgical procedure that appeared successful at first, but months later, you begin experiencing complications due to a surgical error. In this case, the two-year limitation period may not start until the point at which the error is discovered. The discovery rule prevents injured parties from being unfairly penalized when the full extent of the harm wasn’t immediately clear.

Special Exceptions to the Limitation Period

While the two-year limitation period applies to most personal injury cases in Calgary, there are certain exceptions that extend or alter this timeline. It is essential to be aware of these exceptions if you believe they apply to your situation.

1. Minors

If the person injured is under the age of 18 at the time of the accident, the two-year limitation period doesn’t begin until they turn 18. Essentially, minors have until their 20th birthday to file a claim, regardless of when the injury occurred. Parents or guardians can also file a claim on the minor’s behalf before they turn 18, but the minor’s legal right to sue isn’t impacted until after they come of age.

2. Mental Incapacity

If the injured person suffers from a mental incapacity that makes them unable to understand the nature of the legal action, the limitation period may be extended until they regain capacity. This rule ensures that vulnerable individuals aren’t disadvantaged by a condition beyond their control.

3. Municipal Claims

If your injury involves a municipality—such as a slip and fall on public property or an accident involving city-owned vehicles—Alberta law imposes a much shorter notice period. You must notify the municipality of your intention to file a claim within 10 days of the accident. Although the lawsuit itself still follows the two-year limitation period, failing to provide notice within the 10-day window can jeopardize your claim against a municipal entity.

Why You Shouldn’t Wait Too Long

While the law allows you two years to file your claim, there are strong reasons to take action sooner rather than later. Over time, critical evidence may be lost, witnesses’ memories may fade, and documents can become more difficult to obtain. Acting quickly ensures that your lawyer has access to all the resources needed to build a strong case.

Additionally, the earlier you begin the legal process, the sooner you may be able to secure compensation for medical bills, lost wages, and other damages. Delaying your claim could mean prolonged financial strain, particularly if you are unable to work due to your injuries.

What Happens If You Miss the Limitation Period?

Failing to file your claim within the prescribed limitation period typically results in your case being dismissed. Once the two-year period has passed, the defendant can argue that the claim is statute-barred, meaning you are no longer entitled to pursue legal action. At that point, it’s incredibly difficult, if not impossible, to recover any compensation, no matter how severe your injuries or how clear the defendant’s fault.

This is why it is critical to know the exact limitation period that applies to your case and ensure you file your claim on time.

Conclusion: Time Is Not on Your Side

The limitation period for personal injury claims in Calgary is generally two years, but exceptions and special circumstances can extend or alter this timeframe. Understanding when the clock starts and how long you have to file is critical for protecting your right to compensation.

If you’ve been injured, don’t wait until the last minute to consult a lawyer. Personal injury cases take time to prepare, and acting quickly will increase your chances of a successful outcome. Don’t let time run out on your claim—get the legal help you need to navigate Alberta’s legal system and secure the compensation you deserve.