One of the most common questions we receive is: "How long do I have to file my claim?" It's an important question, because in Alberta, missing the limitation period means you lose your right to compensation forever, regardless of how strong your case is.
The General Rule: Two Years
Under Alberta's Limitations Act, you generally have two years from the date you knew (or reasonably should have known) about your injury and its cause to start a legal action. This two-year clock is called the limitation period.
For a straightforward car accident where you were injured immediately, this clock usually starts on the date of the accident. But it's not always that simple.
The Discovery Rule: When Did You 'Know'?
The two-year clock starts from the date of "discovery": when you knew or should have known that you were injured, that the injury was caused by an act or omission of another person, and that a legal claim was an appropriate remedy.
This is important for injuries that are not immediately apparent. For example, a progressive spinal condition caused by a workplace accident may not be diagnosable for months. In these cases, the limitation period may begin when you received a medical diagnosis, not when the accident occurred.
Special Rules for Children and Incapable Adults
If the injured person is a minor (under 18) or is mentally incapable of managing their claim, the limitation period is paused until they turn 18 or regain capacity. A litigation guardian can also bring a claim on behalf of the incapable person before that time.
Motor Vehicle Accident: Additional Notice Deadlines
If your injury involves a motor vehicle accident and a government-owned vehicle or road was a contributing factor (e.g., a poorly maintained highway), you may also need to provide written notice to the municipality or Province within a shorter window, sometimes as little as 30 days. These notice requirements are separate from the limitation period.
The Ultimate Limitation Period: 10 Years
Alberta also has an "ultimate" limitation period of 10 years from the date the injury was suffered (regardless of discovery). After 10 years, no claim can be brought under any circumstances.
Why You Should Act Sooner, Not Later
Even if you have two years, waiting is never in your interest. Evidence deteriorates. Witnesses move or forget details. Surveillance footage is overwritten. Medical records get harder to obtain. The earlier you consult a lawyer, the stronger your case will be.
Not sure if your claim is within the limitation period? Contact us today for a free case evaluation. Don't wait until it's too late.