Details On Alberta’s Limitations Act

Alberta’s Limitations Act lays down the rule, concerning the time limit for filing a lawsuit. Any injured resident of Alberta that decides to sue the negligent person that caused the injurious accident must file a civil lawsuit. The Limitations Act establishes a time frame; it sets a timetable, one that must be followed by anyone that plans to commence legal proceedings in a civil court.

The same act lays out a set of provisions, which get based on the existence of 2 different rules. The availability, or the lack of availability of evidence determines which of the 2 rules applies to any one accident victim.

The discovery rule

This rule applies to those victims that have gained possession of noteworthy evidence. It states that the victim/plaintiff has 2 years in which to file a claim, starting with the time when the plaintiff had, or ought to have had the following piece of information.

1) Discovery of the injury
2) Discovery that the injury was attributable to the conduct carried out by the defendant
3) Discovery that the nature of the injury justified the commencement of legal proceedings

The drop dead clause

The rule that contains the drop-dead clause applies to those victims that have somehow lost their access to or possession of a significant piece of evidence. This rule states that a claim cannot be started later than 10 years from the date of the event that caused the victim’s injury.

The situation in which neither of the 2 rules stated above get applied to the timetable set by the court.

This is a situation in which the injured victim is less than 18 years of age. In such situations, the court does not apply either of the stated rules until the young victim has reached the age of 18. At that time, a claim can be brought before the court during the span of 2 years that follows the victim’s 18th birthday. According to the discovery rule, the plaintiff should, during that 2-year time span either discover the existence of the injury, realize that the injury is attributable to the defendant’s conduct or discover that the nature of the injury justified a legal proceeding.

If the victim had discovered the injury during that time, he or she would not have much opportunity to gather supporting evidence. In the absence of a fair amount of supporting evidence, the victim’s chances for winning a fair compensation would be relatively small. That is why it is important to work with a personal injury lawyer in Medicine Hat. The chances would be greater, if the evidence showcased the fact that the defendant’s actions had caused the victim’s injury. Yet, depending on the nature of the plaintiff’s medical condition, proof of such a link might not be required.