Most Calgarians already know or have some understanding that there are strict time limits for filing lawsuits, called limitation periods, which must be followed or you give up your right to claim compensation. In my experience the general public has a basic understanding of the ‘statute of limitations’ – yet the as the phrase goes, ‘the devil is in the details’. In other words, small things that are overlooked can cause serious problems later on.

I often get phone calls from potential clients asking what their rights are and how do they enforce those rights. When asked how long ago the right to make the claim arose, they tell me that they weren’t sure what to do and let it sit for a while. If the period of time that they let it ‘sit’ is more than two years, I often have to tell them that they no longer are able to make a claim. This news to the potential client is hard to give and leaves them feeling disappointed having left the matter so long. But it doesn’t have to be that way. Read on.

There are different time limitations for legal claims. Although generally there is a two-year time limitation for most claims, the actual time limitation for filing a claim depends upon the specific facts in each case. The key is to discuss your claim with a lawyer as soon as you think you might have a claim. This will give you and the lawyer an opportunity to discuss any potential pitfalls in terms of limitations. Particularly in personal injury claims the standard practice is that most personal injury lawyers will be happy to give you a free initial interview to discuss your claim and what the next steps should be (including any upcoming limitation issues). The key here is that contacting a lawyer won’t cost you everything – you have nothing to lose and only peace of mind to gain.

Remember that the insurance companies do not have your best interests at heart. They want to protect their bottom line. Although you may have been directly in contact with them (and even negotiating a settlement) they will jump all over the opportunity to deny your claim if the limitation date passes. They will be happy to keep your money in their pocket. The only thing that you can do to stop the limitation ‘clock’ from ‘ticking’ is to make sure that you file your claim on time (and even then there are additional limitation dates that start to ‘run’ once the claim…).

Sometimes people feel like ‘oh, my injuries aren’t that bad – I’ll just wait and see how they resolve’. While you may want to wait and see how your injuries resolve before contacting a lawyer (and risk doing – or not doing – things that may negatively impact on your claim), the biggest risk of such an approach is that you forget or miss an important limitation date.

When it comes to personal injury claims, generally they are governed by a two year limitation for filing a Statement of Claim at the courthouse. However, there are important exceptions to this, some that extend the time and some that shorten the time. For example, there may be reasons why the claim was unknown to you and was ‘discovered’ more recently. That may allow you to still make a claim even though the event occurred more than two years ago. Conversely the limitation is much shorter for claims against the City of Calgary (or other municipalities). For claims against municipalities there is often a requirement to provide them notice within 30 days of the claim arising. Claims for long term disability usually have a shorter limitation period of one year. Again, the key is to seek out legal advice early to make sure that you don’t trip over the limitation issue. Talk to a lawyer.