How Long do I Have to File a Personal Injury Claim?

Serving Greater Vancouver and Nearby Areas of British Columbia

The length of time you have to file a personal injury claim depends on a number of factors, including the circumstances of your injury and when your injury was discovered.

The deadlines to file claims are outlined in the British Columbia Limitations Act. Although the Limitations Act stipulates that you generally have two years from the date you suffered personal injury to file a civil claim, there are additional requirements based on where, when and how your injury occurred.

If, for example, you were injured in an accident caused by dangerous premises that also happened to be municipal property, you must provide notice to the appropriate municipality or city within 10 business days. Once you have given notice, you still have two years from the date of the incident to file a civil claim.

In motor vehicle accidents, you must return an accident benefits form to the Insurance Corporation of British Columbia (ICBC) within 90 days of the accident or you may lose your right to claim medical and wage-loss benefits. However, if a majority of fault for the accident was attributed to another driver, you can still pursue a civil claim within two years of the date of the collision.

If your injuries are not immediately evident, there are also provisions regarding deadlines associated with the date on which the injury was discovered or should have reasonably been discovered.

Regardless of the circumstances, if you are harmed due to the negligent or deliberate act of another, it is advisable to contact the Vancouver personal injury lawyers at Stephens & Holman as soon as possible following your injury for a free, no-obligation consultation.