If you’ve been injured in a car accident, we understand that dealing with insurance companies and legal claims may seem like a hassle. However, it’s important to act quickly instead of putting things off. This is because there are strict time limits (also known as limitation periods) that determine how long you have to file a personal injury claim. If you were to miss these deadlines, you could lose your right to compensation.
The 2-Year Limitation Period Explained
Under Nova Scotia’s Limitation of Actions Act, you have two years from the date the motor vehicle accident occurred (or the date you reasonably discovered your injury) to file a legal claim. This 2-year limitation period is the general limitation period for personal injury lawsuits related to car accidents. It applies whether your claim is for property damage, medical expenses, lost wages, or personal injury. Failing legal action within this time limit can result in your claim being dismissed.
Actions where the defendant is a government body have different limitation periods. For example, if you are injured while on a Metro Transit Bus in Halifax, the limitation is one year to file a claim. You also must provide 30 days written notice of your intention to sue before filing a Notice of Action.
If the car accident occurred but your injuries were not diagnosed until later, the limitation period may start from the date you became aware of your injury. This includes psychological conditions such as PTSD or a traumatic brain injury, which may not develop until months after the motor vehicle accident. In those specific circumstances, it’s the “discovery date” rather than the accident date that triggers the limitation clock under Nova Scotia law.
Examples Of When The Clock Starts
The limitation period typically begins on the date of the car accident, but, in some cases, may start on the date you realized you have a personal injury claim, meaning:
- The date the injury or loss occurred
- When you became aware that the at-fault vehicle caused your injuries or property damage
- When it became clear that a third party (the defendant) caused the act which led to the injury or damage
- The damage caused by the act is sufficiently serious to warrant a proceeding
Are There Any Exceptions To The 2-Year Rule?
There are specific exceptions to the standard two-year limitation period for car accident claims:
Minors: If you were under the age of 19 (the age of majority in Nova Scotia) at the time the car accident occurred, the two-year clock does not start until your 19th birthday.
Incapacity: If you have a physical, mental, or psychological condition that prevents you from managing your legal affairs, the limitation period may be paused until you’re capable of pursuing a claim.
Even if you qualify for one of the exceptions above, Nova Scotia law imposes an ultimate limitation period of 15 years from the date of the motor vehicle accident. After this point, you cannot file a claim.
If you’re filing a claim against a government body or employee, additional rules apply:
- You must provide 60 days’ written notice before filing a lawsuit with the provincial government.
- You must provide 30 days’ notice, and the limitation period is reduced to one year from the date of the accident with the municipal government.
What If You Miss The Deadline?
If you realize that the limitation period has passed, contact a personal injury lawyer in Halifax immediately (at Wagners, we offer free consultations). In rare cases, a court may allow a late claim to be pursued. In these cases, it would depend on how exceptional the circumstances are, such as severe hardship, the strength of your case, or alternative remedies. However, there are no guarantees after a deadline has passed, and you may lose your rights to Section B benefits, financial compensation for medical treatment, and monetary awards for severe injuries.
Why Acting Quickly Is in Your Best Interest
Document everything if in a motor vehicle accident. In addition to the two-year limitation period, here are some other critical deadlines in Nova Scotia:
You must notify your car insurance company within seven (7) days of the car accident. Insurers have strict timelines that can impact your ability to claim benefits.
You must apply for accident benefits within 30 days of the accident. If you want to dispute denied benefits, you have two (2) years to take legal action against your insurer.
If you want to sue the other driver, notice of legal action should be provided within 120 days, followed by formal legal action within two (2) years.
When To Speak With A Personal Injury Lawyer
Because Nova Scotia’s legal process is complex and various specific circumstances can extend or shorten limitation periods, every injured person should consult an experienced car accident lawyer as soon as possible. Skilled Halifax car accident lawyers know how to interpret limitation period rules, assess Section B benefits eligibility, and handle communication with your insurance company and the third-party insurance company.
An experienced car accident lawyer will:
- Help you meet all the time limits for legal action
- Advise on your rights, including under your own insurance policy and accident benefits
- Maximize your chances of fair financial compensation for injuries sustained, lost wages, and property damage
- Offer free consultations to explain the best steps to take at the various stages of the claim
For personalized guidance, contact a law firm like Wagners for your free consultation on your personal injury claim, car accident claim, malpractice or negligence cases, or other damage from a motor vehicle accident in Nova Scotia.