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A serious injury raises immediate questions about care and income. Alberta’s legal rules add a deadline, a special regime for minor injuries and separate insurance benefits, and each affects what a claim looks like.
The two-year limitation period
For most personal injury claims in Alberta, the general limitation period is two years from when the injury and its cause were, or should have been, known. Missing it can end a claim, though there are exceptions for children and other situations. Do not wait to get advice.
Investigations, medical reports and insurance negotiations all take time, which is another reason to start early.
Minor injuries and accident benefits
Alberta regulations limit compensation for pain and suffering in certain minor injury cases after vehicle collisions, such as sprains and strains, so early classification of the injury matters. More serious injuries fall outside that limit.
Separately, Section B accident benefits under Alberta’s auto insurance provide medical and disability benefits regardless of fault, and there are deadlines and forms to complete.
What serious claims involve
Serious claims can include future care costs, lost earning capacity and help with home and vehicle changes, which usually requires expert reports. Fees are commonly on a contingency basis, so ask how disbursements are handled.
After a serious injury
- Write down the date of the injury and diarize the limitation period.
- Complete accident benefit forms on time and keep copies.
- Keep every medical record, receipt and record of lost income.
- Do not sign an insurer’s release before it is reviewed.