How long do I have to file an injury claim in Alberta?

The days and weeks following an accident can feel stressful and overwhelming. From physical injuries to medical appointments, the last thing on your mind might be the legal timeline for pursuing a claim. Even if you are unsure if you want to pursue a claim, it is important to know that there are limitations and deadlines for filing a personal injury claim in Alberta.

What is the Statute of Limitations?

According to Alberta’s Limitations Act, you typically have up to two years from the date of an accident to make a Personal Injury claim in court, or your right to do so is lost forever. But it’s important not to wait as other important deadlines or circumstances may affect the deadline or your claim. Missing the deadline to file an injury claim could result in losing your right to compensation, no matter how valid your claim might be.

Exceptions for Minors

While the two-year rule applies in the vast majority of cases, there are exceptions for minors. If the injured party is under 18 years of age at the time of the injury, the limitation period doesn’t start until they turn 18, or two years from when specific notice is given by the at fault party. This typically gives them time to pursue their claim when they are ready.

Helpful Tips If You’re Considering a Claim 

If you’ve been injured in an accident and you are considering an injury claim, here are a few helpful tips:

1. Document Everything: Take photos of damage or injuries and keep record of medical visits (i.e. clinic name, practitioner(s) you saw, dates of visits) and keep receipts for any expenses related to the accident or your injuries.
2. Consult a Lawyer: A personal injury lawyer will be able to tell you if you have grounds for a claim and what compensation you may be entitled to receive. At Litco Law, it won’t cost you anything to speak to a lawyer and you are under no obligation to hire us. We’re here to answer your legal questions.
3. Don’t wait until the last minute. While the limit to file a claim is two years, there may be other deadlines that could impact your claim. Additionally, it’s often easier for your lawyer to gather evidence, such as camera footage and witness accounts closer to the date of the incident.

Can I afford an injury lawyer? 

Our lawyers work on a contingency basis for personal injury claims, which means that you don’t pay us anything unless or until your claim is resolved. At Litco Law, consults are always free, and we never bill by the hour. We’ll also cover the cost of disbursements during your claim, so you don’t have to worry about any legal bills while your claim is ongoing.

Have questions about injury claims in Alberta? 

Wondering if you have grounds to file an injury claim? Have questions about settlements? What about claims for emotional distress? It won’t cost you anything to speak with our legal team at Litco Law. And if you don’t choose to file a claim, you don’t owe us anything.

Contact us today, to speak with our legal team for free. We’re here for you.