When you’ve been injured in an accident, it can be overwhelming to sort through timelines and paperwork and deal with the insurance company while trying to regain financial stability and focus on healing. One major consideration is the Nova Scotia personal injury statute of limitations, because it dictates how long you have to take legal action.
Under Nova Scotia’s Limitation of Actions Act, personal injury claims generally must be filed within two years of the incident or when the injury is discovered. The deadline, known as the limitations period, exists to ensure fairness for everyone, as over time, evidence fades, memories become less clear, and records can be more difficult to locate. By requiring claims to be brought within a set period, the law helps ensure cases are decided on reliable information.
For many people, understanding how the personal injury claim time limit in Nova Scotia applies to their situation can be confusing, especially when an injury isn’t immediately apparent. At Valent Legal, we help injury victims across Nova Scotia understand how these deadlines work, when they apply, and whether any exceptions may extend them. Our goal is to provide clarity so you can protect your right to move forward.
- In Nova Scotia, the standard limitation period for filing a personal injury claim is 2 years from the date of the incident. Failing to file within this time frame may result in losing your right to sue, although exceptions apply for minors, incapable persons, and government claims.
- If you were unable to recognize the injury or harm immediately (e.g., due to unconsciousness or mental disability), you may still be able to file a claim after the limitation period has passed, thanks to the discoverability rule.
- Delaying the hiring of a personal injury lawyer can be harmful. Waiting too long risks missing critical deadlines and losing your opportunity to bring your case to court. Seeking legal help early ensures your case is handled properly and your rights are protected.
When Does the Personal Injury Limitation Period Start in Nova Scotia?
In Nova Scotia, the limitation period begins to run in one of two ways. The two-year clock generally starts on the date of the accident if the injury and its cause are immediately apparent.
However, not all injuries are immediately apparent. This is especially true in cases involving medical malpractice, where it may not be obvious that an error occurred or that there are grounds to sue a doctor. Some injuries develop slowly or seem minor at first. In these situations, the limitation period begins when a person knew or reasonably should have known that they were injured, that someone else’s actions or neglect caused the harm, and there are grounds to justify bringing a claim.
This principle, known as the discoverability rule, is codified under Section 8 of Nova Scotia’s Limitation of Actions Act, which outlines the circumstances under which a claim becomes discoverable. It applies not only to traditional injury cases but also to situations such as lawsuits for long-term disability, where the harm may not become apparent until much later.
Are There Exceptions to the Two-Year Personal Injury Deadline?
While the two-year limitation period applies to many personal injury claims, the Limitation of Actions Act recognises that not everyone is in a position to start a claim right away. Certain circumstances pause, delay, or modify the usual deadline.
Valent Legal guides injury victims through these exceptions and helps determine whether one may apply, including in heartbreaking circumstances where the wrongful death statute of limitations must be considered while families are already coping with immense grief.
Minors
For minors, the two-year limitation period does not begin to run until they reach the age of 19. This rule protects young people from losing their right to bring a claim before they have the ability or authority to do so themselves.
Incapable Persons
If a person is unable to initiate a claim due to a physical or mental condition that renders them incapacitated, the limitation period may be suspended. It only begins to run again once their capacity returns or when a litigation guardian steps in to act on their behalf. This ensures that vulnerable individuals are not disadvantaged by their medical circumstances.
Claims Against the Nova Scotia Government
Claims involving the Province require written notice within 60 days of the incident. This notice is mandatory and exists in addition to the standard two-year limitation period. It alerts the government promptly so they can thoroughly investigate the circumstances.
Claims Against a Municipality
Claims against a municipality, including the Halifax Regional Municipality, must be accompanied by written notice within 30 days. Missing this step can significantly affect the ability to move forward with a claim. The notice gives the municipality time to review the incident while the evidence is still available.
Sexual Assault Claims
Claims arising from sexual assault, sexual misconduct, or assault involving a minor or a person in a position of dependency have no limitation period under Nova Scotia law. Survivors can come forward when they are ready without facing a strict deadline.
No matter the cause of your injury, you
deserve justice. At Valent Legal, we’ll fight to secure the compensation you need to recover and move forward.
What Is the Ultimate Limitation Period in Nova Scotia?
In addition to the standard two-year deadline, Nova Scotia’s Limitation of Actions Act includes what’s known as the ultimate limitation period. This rule imposes a final cap of 15 years on most personal injury claims, regardless of when the injury was discovered or when its effects became apparent.
The purpose of the ultimate limitation period is to ensure that claims are brought while evidence is still available and reliable. Even if the discoverability rule delays the start of the two-year limitation period, a claim generally cannot be filed more than 15 years after the underlying event.
What Happens If You Miss the Limitation Period?
Missing the limitation period usually means losing the legal right to bring a personal injury claim. Courts may dismiss a case filed after the deadline, and insurers often will not consider or continue a claim once the limitation period has passed.
Although this can feel discouraging, understanding these timelines early can help protect your ability to move forward.
How a Personal Injury Lawyer Helps Protect Your Right to File on Time
When you’re trying to recover from an injury, keeping track of legal deadlines can feel overwhelming. A personal injury lawyer helps by reviewing your situation early, identifying the correct timelines, preserving important evidence, and ensuring the necessary documents are submitted on time. This support allows you to focus on your health while someone knowledgeable handles the legal requirements under the Limitation of Actions Act.
Contact Our Nova Scotia Personal Injury Lawyers Today
At Valent Legal, our team monitors every important date, helps organize the information needed to support your case, and takes steps to ensure your right to file is protected. Our goal is to alleviate the stress of navigating deadlines, allowing you to focus on your health and stability while we handle the legal details.
If you’re unsure about your deadline or worried you may be running out of time, speaking with a lawyer now can make all the difference. Valent Legal offers free, no-risk consultations to help you understand your rights and the time limits that apply to your situation.
Call (902) 443-4488 or contact us online whenever you’re ready.