Limitation Periods: Why You Shouldn’t Wait to Contact a Lawyer
Limitation periods are rules that prevent people from bringing lawsuits after too much time has passed. If you don’t begin your lawsuit before the date in the limitation period, then you lose your right to sue. The purpose of limitation periods is to encourage people to sue before evidence is lost and witnesses forget. Limitation periods are found in contracts and New Brunswick statutes such as the Limitation of Actions Act and the Insurance Act.
Some events, such as car accidents, can result in multiple claims with different limitation periods. For example:
If you are injured in a car accident in New Brunswick, you are likely entitled to medical and rehabilitation expenses pursuant to your car insurance policy. This includes expenses for physiotherapy, chiropractic, dental work, medication, etc. However, if the insurer denies your claim, you must sue them within one year of the denial.
If someone else was at fault for the car accident, you can likely sue them for damages, such as loss of income from missed work and compensation for pain and suffering. Typically, the lawsuit must be filed within two years of the accident.
For minors injured in the car accident, the limitation period for suing the at-fault driver does not begin to run until they turn 19. At which time, they have another two years to begin the lawsuit.
If the car accident happens while you are driving for work, you may be entitled to Workers’ Compensation benefits. You must apply for the benefits within one year after the accident. However, the Workplace Health, Safety and Compensation Commission may extend the limitation period in special circumstances.
The examples above describe just a few of the limitation periods that can apply to car accidents. If you suffered an injury, or an insurance company denied your claim for benefits, contact Moss Hachey Law’s personal injury lawyers immediately. Don’t wait until you have lost your right to sue!
Please be aware that there are exceptions to the rules summarized above. This blog entry contains information of a general nature only and should not be relied on for legal advice. The information is current only to the date of publication and may be subject to change.
