If you’ve been injured because of someone else’s negligence, one of the most important questions is how long you have to take legal action. In Canada, personal injury lawsuits are governed by limitation periods, which set strict deadlines for starting a claim. Missing these deadlines can permanently bar you from seeking compensation—no matter how strong your case may be.
Understanding these time limits is a critical first step in protecting your legal rights.
What Is a Limitation Period in Personal Injury Law?
A limitation period is the legally prescribed time frame within which an injured person must start a personal injury lawsuit. These rules exist to ensure claims are brought while evidence is still available and memories are fresh.
In most personal injury cases across Canada, the limitation period is two years, but there are important nuances and exceptions that can affect when that clock starts—and whether it can be paused or extended.
The General Rule: Two Years to Start a Lawsuit
Generally speaking, most personal injury claims in Canada must be started within two years.
This two-year limitation period usually begins on the date when:
- The injury occurred, or
- The injured person knew (or reasonably should have known) that:
- An injury occurred
- The injury was caused by someone else’s actions or negligence
- Legal action would be an appropriate response
- An injury occurred
This concept is often referred to as the “discoverability” principle under Canadian law.
How the Discoverability Rule Works
Not all injuries are immediately obvious. In cases involving:
- Seemingly minor accidents
- Delayed symptoms
- Psychological injuries
- Long-term medical complications
The limitation period may begin when the full extent of the injury becomes reasonably known, not necessarily on the day of the accident.
This is especially relevant in personal injury cases involving soft tissue injuries, chronic pain, or conditions that worsen over time.
Provincial Differences in Limitation Periods
While the two-year limitation period applies in the vast majority of cases, limitation rules are set by provincial legislation, such as:
- The Limitations Act (Alberta and several other provinces)
For example, under Alberta law, most personal injury lawsuits must be started within two years of discoverability, subject to specific exceptions.
Because limitation periods can vary slightly by province, consulting a personal injury lawyer familiar with local law is essential.
Special Rules and Important Exceptions
Certain types of personal injury claims have different or extended limitation periods.
Claims Involving Minors
If the injured person is under 18:
- The limitation period is typically paused until they reach the age of majority
- A litigation guardian may be required to start a claim earlier
Sexual Assault and Abuse Claims
In many provinces, including Alberta:
- There may be no limitation period for sexual assault or abuse claims
- Survivors can pursue legal action regardless of how much time has passed
Claims Against Government or Public Entities
Claims involving municipalities, government bodies, or other public entities may require:
- Earlier notice deadlines
- Additional procedural steps
Failing to comply with these requirements can jeopardize a claim even if the lawsuit itself is filed within two years.
Why Waiting Too Long Can Hurt Your Claim
Even if you technically remain within the limitation period, waiting too long can weaken a personal injury case.
Delays may result in:
- Lost or degraded evidence
- Witnesses becoming unavailable
- Incomplete medical documentation
- Challenges proving how the injury occurred
Starting the legal process early helps preserve evidence and strengthens your position when pursuing fair compensation.
What Happens If You Miss the Limitation Period?
If the limitation period expires:
- Courts will almost always dismiss the lawsuit
- The insurance company or opposing party can rely on the deadline as a complete defence
- You may permanently lose the right to seek compensation
This is why understanding and tracking important deadlines is critical.
When Should You Speak With a Personal Injury Lawyer?
It’s best to speak with a personal injury lawyer as soon as possible after an injury, even if:
- You are still receiving medical care
- The full extent of your injuries is unclear
- You believe the accident was minor
Early legal advice helps clarify:
- Which limitation period applies
- When the clock started running
- Whether any exceptions may apply
- What steps should be taken next
Key Takeaways on Time Limits in Canada
- Most personal injury lawsuits in Canada must be started within two years
- The clock usually begins at discoverability, not always the accident date
- Exceptions exist for minors, sexual assault claims, and certain entities
- Missing deadlines can permanently bar your claim
Understanding these rules is essential to protecting your legal rights and pursuing compensation.
Get Guidance on Your Specific Situation
If you were injured in an accident and are unsure how much time you have to start a personal injury lawsuit, speaking with a legal professional can provide clarity. Every case is different, and limitation periods can be affected by the specific circumstances involved.
Grover Law Firm assists clients across Alberta with personal injury claims and limitation period issues. If you have questions about deadlines or next steps, you can reach out to discuss your situation and understand your legal options.