Everything to Know About Personal Injury Limitations Act
When it comes to personal injury claims, there are a few key limitations to be aware of. First, personal injury claims are generally limited to physical injuries. This means that if you suffer from emotional or mental injuries because of someone else’s negligence, you may not be able to recover compensation for those damages.
Another key limitation to be aware of is the statute of limitations. This is the legal deadline for filing a personal injury claim. In most states, the statute of limitations is two years from the date of the injury. This means that if you do not file your claim within two years of the date of the accident, you will most likely be barred from doing so.
It is also important to be aware of the types of damages that are typically recoverable in a personal injury claim. These include medical expenses, lost wages, and pain and suffering. If you are seeking to recover other types of damages, such as property damage, you will need to file a separate claim.
Finally, it is important to keep in mind that insurance companies are not required to pay out personal injury claims. They will often try to lowball claimants in an effort to save money. If you do not feel that the insurance company is offering a fair settlement, you may need to hire an attorney to help you negotiate a better settlement.
What Is Personal Injury Limitations Act
The Personal Injury Limitations Act (PILA) is a provincial law that sets out time limits for starting a personal injury lawsuit. The time limit depends on the type of injury and when it occurred.
The limitation period is two years from the date the injury occurred. If the lawsuit is not filed within that time frame, the injured person will be barred from suing and will not be able to recover any damages.
The purpose of the PILA is to encourage prompt resolution of personal injury claims and to prevent the filing of frivolous or unsubstantiated claims. It is also intended to protect defendants from having to defend against claims that are stale and may be difficult to defend against.
The PILA applies to all types of personal injury claims, including those arising from car accidents, slips and falls, and medical malpractice. It does not, however, apply to claims for property damage.
If you have been injured in an accident, it is important to know the deadlines for starting a personal injury claim. The sooner you start your claim, the better your chances of receiving the compensation you deserve.
What Are the Exceptions to Personal Injury Limitations Act
There are a few exceptions to the Personal Injury Limitations Act in Canada.
1. If someone tries to hide the fact that they've caused an injury, the amount of time they have to be sued for that injury is extended.
2. If an adult is under a disability, the time limit for taking legal action (the "limitation period") is suspended. Disability means:
3. If someone is under the age of 18 or a minor. In this case, the limitation period does not start until the person turns 18, unless the person being sued gives notice to the minor's guardian and the Public Trustee. This is because minors are not legally responsible for their actions in the same way that adults are.
4. If you are the victim of a hit-and-run accident, you may be eligible to receive compensation from the Motor Vehicle Accident Claims Fund. However, you must notify the Fund of your accident within 90 days, or you cannot file a claim.
5. If you slip and fall on public property, such as the city sidewalk, due to ice or snow, you have to tell the city within 21 days, or your claim may be rejected. And if you're injured because of some other flaw with the public property that does not concern snow or ice, then you have to tell the municipality within 30 days.
Conclusion
The Personal Injury Limitations Act (CAN) is a useful tool for victims of personal injury. It helps to ensure that they are able to receive the compensation they deserve and that their rights are protected. If you have been injured in an accident, it is important to speak to a personal injury lawyer to find out if you are eligible to sue for damages.
Hamilton Cahoon is a team of personal injury lawyers in Medicine Hat who can help you navigate the Personal Injury Limitations Act so you do not miss the deadline for making a claim. Let us ensure you receive the compensation you deserve. Contact us today to arrange a free initial consultation.