So the question we’re dealing with today is: is there a time limit to filing a claim following a car accident? The short answer is yes. Typically, car accident claims are brought in the law of negligence, and the law in Nova Scotia says that you generally have two years from the date of the accident or you determine essentially that there is a claim you can bring forward by which you have to file what’s called a notice of action with the court to preserve your rights to a claim.
There’s certain exceptions to this rule, such as making claims against either the city or the province, so by and large is two years from the date of the accident. There’s also what’s called the discoverability principle, which means it can be two years from the date from which you realize there is a claim to bring an action on, but again, to err on the side of caution, the general principle is two years from the date of the accident, and when it comes to government, there’s certain exceptions that can bring it within one year. So in any event, with those exceptions in mind, it’s always best to consult with a personal injury lawyer as quickly as you can following a car accident just to make sure that those time limits are preserved and adhered to.
Again, they’re stipulated under legislation in Nova Scotia. They’re very important timelines to be aware of, and they’re very important timelines to adhere to when it comes to bringing an injury claim.
