18th August 2011
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Personal Injury by R. Travis Bissett B.Sc. LL.B

Jim was driving home from work. It was an average day, everything seemed perfectly normal. Work had been no more stressful than usual and he was driving home safely. Jim was always a cautious driver and had been driving with a flawless record. Out of nowhere, while stopped at a red light, driver ran the red light and crashed into Jim. Jim was seriously injured and spent the next two years between the hospital and recovery. Once Jim was recovered, he wanted to file a personal injury claim against the other driver, but had too much time passed?

This question is one that many victims worry about when they get injured.  It is also often difficult to seek legal advice while one is recovering. The Limitations Act,  an Alberta law that helps govern situations like this, states the time limits within which you have to file for such claims. The standard time allowed is two years from the date of the accident. This means that a Statement of Claim outlining the proper parties and the general injuries suffered must be properly filed before the 2 year anniversary of your accident.  However, the law does allow for a number of exceptions to this time limit. These exceptions are varied and may apply to a number of situations

It’s important to be aware of the exceptions which may apply and the specialized rules for each exception. These exceptions include minors being injured, and accidents in which you don’t know the person who hit you. There are several other exceptions that could apply to Jim’s case or your own.

 

It is also important to be aware that the limitation period to file the Statement of Claim is not the same as the deadlines that occur once you have filed the Statement of Claim and are working on resolution through agreement or court process.  There are of course other various rules and deadlines designed to move people to resolution.

 

If you have been injured, please consult one of our knowledgeable lawyers about time limits to file your claim, filing your claim, and all other personal injury claim matters.

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Written by Travis Bissett