“Can I still pursue compensation if my personal injury claim has expired?” This is a question that every injury attorney has surely encountered at some point.
Life gets busy—injuries take time to heal, paperwork gets overlooked, and deadlines pass before you realize it.
Many accident victims find themselves in this situation, unsure if there’s a way forward. Some provinces in Canada allow claims to be renewed, but under specific circumstances. If you’ve missed the deadline, don’t assume all hope is lost.
Let our Sidhu Lawyers give you some insights regarding expired claims and whether renewal is applicable.
Key Takeaways
- Personal injury claims in Canada generally have a two-year statute of limitations, but exceptions may apply.
- Cases involving delayed injury discovery, fraud, or minors may qualify for deadline extensions.
- Consulting a lawyer quickly improves your chances of renewing an expired claim.
Understanding the Statute of Limitations
Also known as the Limitations of Actions Act, this sets deadlines for filing legal claims. In Nova Scotia, a claim must be filed within:
- Two years from the date it is discovered, or
- Fifteen years from when the incident happened, whichever comes first.
Each province and territory has its own legislation governing limitation periods. It’s important to understand the rules applied to your specific location.
| British Columbia | Imposes a two-year period from the date of injury or when it was reasonably discovered. |
| Ontario | Follows a similar two-year timeframe but includes exceptions for cases involving minors or those unable to commence a claim. |
| Alberta | Provides a two-year standard period and a 10-year ultimate limitation period. |
| Saskatchewan & Manitoba | Both provinces follow a two-year limitation with some exceptions for claims involving fraud or minors. |
| Atlantic Canada | Most provinces maintain a two-year standard period, with Newfoundland and Labrador allowing a 10-year ultimate limitation period. |
A key factor is the “reasonable discovery” rule. This rule allows some flexibility if an injury is discovered later. Ultimate limitation periods, ranging from 10 to 15 years, apply regardless of discovery. Legal agreements can also modify limitation periods. Parties may shorten or extend deadlines through contracts, but exceeding the statutory limit commonly bars a claim.
Is it Possible to Renew an Injury Claim? What are the Exceptions?
Renewing an injury claim is rare but not impossible. Legal deadlines, known as statutes of limitations, generally set strict timeframes for filing lawsuits. Once a claim expires, reopening it is challenging. Specific exceptions may extend or restart the legal process.
Discovery Rule
If your injury was not immediately apparent after the accident, the deadline for filing a claim may start from the date the injury was discovered rather than the date of the incident. This is common in cases involving delayed medical complications, like slips and falls.
For instance, you slip on icy stairs but do not experience severe pain until months later, when a fracture is diagnosed. The statute of limitations may begin from the date of diagnosis instead of the accident date.
Fraud or Concealment
If a defendant deliberately withholds important evidence or engages in fraudulent conduct, the limitation period may be extended. The burden of proof falls on the plaintiff to demonstrate that deception affected the claim. Let’s say your employer failed to disclose hazardous workplace conditions that contributed to your injury. If you have discovered fraud two years later, legal action may still be possible.
Minors and Incapacitated Individuals
Individuals injured as minors or those unable to manage their affairs due to incapacity may have an extended time to file a claim. The limitation period may begin when they reach legal adulthood or regain capacity.
For example, a crash victim who suffered injuries or brain injuries at the age of 10 would have two years after his or her 19th birthday to make a car accident claim.
Acknowledgment or Payment
The limitation period may reset if a defendant acknowledges liability by making a partial payment or admitting fault. If this is the case, the injured party may have more time to file a claim.
If you believe your case qualifies under these grounds, legal assistance is necessary to assess your options and determine if further action is possible.
Case Law Sample
The Nova Scotia Supreme Court renewed a personal injury claim after the plaintiff’s lawyer cited COVID-19 challenges for the missed deadline.
In Murphy v. GMCC, the court ruled in favour of Marilyn Murphy, which allowed her to renew a lawsuit against General Motors of Canada Company (GMCC) over a 2018 car accident after missing the one-year deadline.
| Basis of the Claim | Murphy hired lawyer Emma Adlakha in July 2018 after an accident where her airbag deployed and caused her physical injuries. She sued GMCC for product liability, which she filed on March 9, 2020, but missed the one-year service deadline. She then requested an extension under Rule 4.04(6). |
| GMCC’s Argument | GMCC opposed the renewal, stating that nearly five years had passed since the accident, which could cause prejudice. |
| Court’s Consideration | Murphy had to prove her claim expired due to inadvertence and that she would suffer serious harm if not renewed. GMCC had to show it would suffer irreparable harm. |
| Lawyer’s Explanation | Murphy’s lawyer blamed the COVID-19 pandemic for the delay and only realized the issue after retiring in 2022. |
| Final Decision | The court ruled in Murphy’s favour, stating she would suffer more harm than GMCC. Her claim proceeded. |
How to Proceed If Your Claim Has Expired
Missing the deadline for a personal injury claim can be stressful, but there are steps you can take to address the situation. The first thing to do is check if there are exceptions or legal options for an extension. Some courts may allow a renewal if the delay was unintentional and caused by valid reasons, such as illness or unforeseen circumstances.
Here’s what you must do:
- Consult a lawyer: A personal injury lawyer reviews your case and determines if there’s a way to revive your claim.
- Gather documentation: Keep records of all communication, medical reports, and other evidence related to your injury.
- Act quickly: If there’s an opportunity to request an extension, filing sooner increases your chances of success.
- Consider alternative legal options: In some cases, other legal avenues may be available, even if the original deadline has passed.
If your claim has expired, speaking with an experienced personal injury lawyer can help you understand your options. Our legal team at Sidhu Lawyers in Halifax & Nova Scotia will assess your situation and provide guidance on the best course of action. Taking the right steps now can make a difference in securing the compensation you deserve.
Filing an Injury Claim? Visit Our Personal Injury Law Firm
Time is important in personal injury claims. Missing a deadline can mean losing your right to compensation. If you’re unsure about your claim’s status, consult a lawyer to clarify your options.
In some cases, exceptions may allow you to proceed even after the limitation period. Don’t leave your case to chance. Contact our legal team to guide you through the process, no matter if you experience motor vehicle accidents, car accidents, or any type. We work on a contingency fee basis. This means no legal fees unless the case is successful.
Schedule your initial consultation with our Halifax personal injury lawyers.
Frequently Asked Questions
Can I reopen a case after a settlement?
Once a personal injury case is settled, it cannot be reopened. Settlements include a “Release of Liability” that prevents further claims. If fraud, misrepresentation, or coercion influenced the settlement, legal action may be possible. Consult with our lawyer to determine if any exceptions apply to your case.
Can I still file a claim if the responsible party left the country?
Yes, but it may be more complex. Some jurisdictions pause (or “toll”) the statute of limitations while the defendant is absent. If the responsible party has assets in Canada, legal action may still proceed. Working with a lawyer helps explore your options, such as serving notice internationally or claiming through alternative sources like insurance.
Does the statute of limitations apply if I am negotiating with the insurance company?
Negotiating does not extend the statute of limitations. If the deadline passes while in discussions, you may lose the right to file a lawsuit. To protect your insurance claim, file within the legal timeframe, even if negotiations are ongoing. Hire legal services to make sure your rights remain intact.