How Long After an Accident Can You Make a Claim in Nova Scotia?

Experiencing the aftermath of an accident can be unsettling, especially when it comes to understanding the legal processes involved in personal injury claims. One of the most critical aspects of any claim is with respect to filing deadlines for bringing a claim in court, as there is a time limit to when you can bring a claim for personal injury in Nova Scotia. 

To ensure you never risk missing the accident lawsuit deadline in Nova Scotia, always consult an accident lawyer as soon as possible to discuss a possible case. Our team at Preszler Injury Lawyers is ready to evaluate your rights and options. 

What Is the Limitation Period for Personal Injury Claims in Nova Scotia?

The limitation period for car accident claims in Nova Scotia is the timeframe within which you must file a lawsuit. In Nova Scotia, this period is primarily governed by the Limitation of Actions Act. Understanding this act is essential for anyone considering a personal injury claim.

The general limitation period for most personal injury claims in Nova Scotia is two years. This means that you typically have two years from the date of the injury to file a lawsuit. However, this rule has exceptions, which we will explore in more detail.

Key Factors Affecting Limitation Periods:

• Date of Discovery: If the injury was not immediately apparent or discovered until sometime after the accident, the two-year limitation period may begin on the date the injury was discovered or reasonably should have been discovered. This provision ensures that individuals are not unfairly penalized for injuries that may have delayed onset or were initially misdiagnosed.
• Minors: For individuals under the age of majority (19 in Nova Scotia), the two-year limitation period does not commence until they reach their 19th birthday. The rule allows individuals to pursue legal action when they’re considered adults.
• Disabilities or Mental Incapacity: If an individual cannot file a claim due to a physical, mental, or psychological disability or incapacity, the limitation period may be extended. This provision protects individuals who cannot assert their legal rights due to circumstances beyond their control.
• Ultimate Limitation Period: Regardless of the date of discovery, there is an ultimate limitation period of 15 years from the date of the accident. This means that even if an injury was not discovered until many years after the accident, a claim may still be filed within 15 years of the accident date.

Serious Injuries and Damages

Certain serious injuries, such as blindness, disfigurement, spinal cord injuries, and traumatic brain injuries, may be exempt from caps on non-economic damages. This means that individuals who have suffered these types of injuries may be able to recover a more significant amount in damages for pain and suffering, loss of enjoyment of life, and other non-economic losses.

How Do the Limitation Periods Apply to Different Types of Claims?

The general two-year limitation period applies to many personal injury claims, but specific types of claims may have their own rules or variations. It’s essential to understand how these rules apply to your particular situation.

Car Accident Claims

Car accident claims often fall under the general two-year limitation period. However, specific considerations related to insurance claims can affect the overall timeline.

Property Damage Claims

Property damage claims, such as those arising from car accidents or other incidents, also have limitation periods. These are often subject to the general two-year rule, but specific circumstances can alter the time frame. 

Wrongful Death Claims

Wrongful death claims, which arise when someone dies due to the negligence of another party, have their own specific rules. The limitation period for these claims starts from the date of death, not the date of the incident that caused the death. Please speak to your lawyer from Preszler Injury Lawyers to discuss specific details of your claim.  

Why You Shouldn’t Wait to File Your Claim

Waiting to file your claim can have several negative consequences. Evidence can become harder to gather as time passes, witnesses’ memories may fade, and documentation can be lost. Prompt action ensures a stronger case and increases your chances of a favorable outcome.

Consequences of Missing the Deadline

Missing the limitation period can have severe consequences. If you fail to file your lawsuit within the prescribed time frame, you generally lose the right to sue. This means you cannot recover damages for injuries, medical expenses, lost wages, and other losses.

When Does the Limitation Period Start?

The limitation period typically starts from the date of the injury or when the cause of action arose. However, there can be exceptions, such as in delayed discovery cases where the injury or its cause is not immediately apparent. 

As noted, the limitation period starts from the date of death in wrongful death cases. You have one year to file a claim. The Fatal Injuries Act establishes this mandate.

Why Are Limitations Set for Lawsuits?

Limitation periods serve several critical functions within the legal system. Here are some of the key reasons why they exist:

• Fairness to Defendants: As time passes, evidence can disappear, memories fade, and witnesses may become unavailable. It becomes increasingly complex for defendants to defend against claims brought years later. Limitation periods protect defendants from having to defend against old and potentially unreliable claims.
• Encouraging Timely Resolution: Limitation periods encourage plaintiffs to bring their claims promptly. This helps to ensure that disputes are resolved while the evidence is still fresh and available, leading to more accurate and just outcomes.
• Preventing Stale Claims: Over time, the merits of a claim can become harder to assess. Documents may be lost, witnesses may move away, and memories can be unreliable. Limitation periods prevent the courts from dealing with stale claims that are difficult to adjudicate fairly.
• Promoting Legal Certainty: Limitation periods provide a clear timeframe within which legal action must be taken. This creates legal certainty and allows individuals and businesses to plan their affairs accordingly. It prevents the threat of litigation from hanging over people indefinitely.
• Efficient Use of Court Resources: By encouraging prompt action, limitation periods help prevent the courts from being overwhelmed with old and difficult-to-prove claims, contributing to the efficient administration of justice.

How Your Lawyer Can Keep You on Track

Your personal injury lawyer is critical in ensuring you meet all the necessary deadlines. Here’s how:

• Identifying the Applicable Limitation Period: Different legal claims have different limitations. Your lawyer will determine which limitation period applies to your specific case. This is critical, as missing the deadline can result in your claim being barred.
• Calculating the Deadline: Determining the exact date of the limitation period can be complicated. It often depends on when the cause of action arose, which can be a unique legal question. Your lawyer will accurately calculate the deadline based on the specifics of your situation.
• Advising on Necessary Steps: Your lawyer will advise you on the steps that must be taken to initiate legal action within the limitation period. This may include filing a statement of claim or other legal documents with the court.
• Monitoring Deadlines: Lawyers have systems to track deadlines and ensure all necessary actions are taken on time. They will monitor the progress of your case and keep you informed of any upcoming deadlines.
• Communicating with You: Your lawyer will keep you updated on the status of your case and any important deadlines. They will ensure that you understand your responsibilities and what needs to be done to follow the limitation period.
• Taking Legal Action: If necessary, your lawyer will take legal action to protect your rights and ensure your claim is filed within the limitation period. This may involve filing any required notices of intended action in accordance with applicable legislation, initiating a lawsuit or negotiating with the other party.

What You Can Do to Ensure You Follow the Timeline

While your lawyer will handle the legal intricacies, there are several things you can do to help ensure that you follow the timeline and meet the limitation period:

• Act Promptly: As soon as you realize you may have a legal claim, contact a lawyer. The sooner you seek legal advice, the more time you will have to gather evidence, assess your options, and initiate legal action.
• Gather and Preserve Evidence: Collect all relevant documents, photographs, and evidence related to your claim. Preserve this evidence carefully and provide it to your lawyer.
• Keep Detailed Records: Maintain a record of all communications, events, and expenses related to your claim. This information can be invaluable to your lawyer and help build your case. For instance, victims of whiplash may suffer from chronic pain several years after their accident. Some describe this type of pain as an invisible injury.
• Communicate Regularly with Your Lawyer: Stay in regular contact with your lawyer and provide them with any new information or developments related to your claim. Keep them informed of any changes in your contact information.
• Follow Your Lawyer’s Advice: Listen to your lawyer’s advice and follow their instructions carefully. They are there to guide you through the legal process and protect your interests.
• Be Proactive: Don’t hesitate to ask your lawyer questions or seek clarification on any issues you don’t understand. Being proactive and engaged in your case can help you stay on track.

Speak to a Personal Injury Lawyer Now

Do not simply wonder how long after an accident you can sue in Nova Scotia. Instead, discuss the matter with a lawyer right away. Contact Preszler Injury Lawyers for more information and assistance. Get the legal help you need now.