Every legal jurisdiction has its own statute of limitations. That gives the limitation period for any accident victim that has considered filing a personal injury lawsuit. Since the Province of Alberta is no different from any other legal jurisdiction, it has established a limitation period.
Limitation period in Alberta
In Alberta, the victim of an accident must start procedures for a lawsuit within 2 years of the accident, or within 10 years of the date when the claim was first filed.
What is the starting date for the limitation period?
It could be the day when the victim got injured, if the victim’s awareness of the injury began on that day. Alternatively, it could be the day when the victim realized that his or her injury had resulted from someone else’s misconduct. The starting date could also be the day when the victim appreciated the seriousness of the injury, and thus realized that development of such a condition was reason for taking legal action.
The defendant’s conduct can influence establishment of the starting date.
If the defendant’s misconduct continues, then the start of the timeline (length of limitation period) does not become set until the defendant’s conduct has stopped, or until the last act of omission has taken place. That rule acknowledges the fact that misconduct can stem from performance of an unwanted action, or failure to perform a desired action.
A different deadline on a different timeline
If a driver were to get injured at a broken traffic light, or if a pedestrian were to trip on a broken sidewalk, either of those victims might want to sue the municipality that failed to fix the broken light or the broken sidewalk. That municipality might be inside the borders of Alberta.
If that is the case, and if the victim/claimant plans to initiate legal action against the appropriate municipality, then he or she must provide notice of his or her plans. That notice should be sent to the municipality’s offices within 21 days of the date when the victim/claimant was injured. The sending of such a notice does not free any victims of the need to file a claim. The Personal injury lawyer in Lethbridge knows that claim must be filed within the limitation period. Otherwise, the victim’s hopes for some form of compensation from the government’s treasury will never be realized.
Remember, though that the starting date for that limitation period does not have to be the day of the accident that caused the victim’s injury. It could be the date when the victim/claimant realized that the injury’s appearance stemmed from the harmful results of the accident. It could also be the time when the victim/claimant recognized the serious nature of that same injury.