We’re often contacted by injury victims who are concerned because they have been told there is a two-year anniversary approaching and they need to settle their claim before that date. This is not true.
For injury victims in New Brunswick, there is a “limitation period” of two years to sue the person who caused your injury. This does not mean that a settlement must be reached within two-years from the date your injuries were caused. It simply means you must file a lawsuit in court before the two-year expiry if you have not settled your claim before that time. In other words, you file a lawsuit to preserve your claim.
The best time for settlement depends entirely on the victim and their recovery. For some, settling within two years from the date of incident/accident can be too soon. Settlement should only be pursued when you have reached the end of your recovery – what is commonly referred to as “maximum medical improvement” (MMI). It is important to wait until MMI to be able to have a grasp on what your future is going to look like following your injuries. This can include a variety of costs such as those related to treatment, lost income, retraining expenses etc.
The two-year period is described as a “general” limitation period and applies to personal injuries and car accidents.
For minors, the limitation period does not begin to run until they have reached the age of 19.
If the two-year anniversary of your date of incident/accident falls within the period March 19, 2020 to September 18, 2020, you may have extra time to sue because of an exception created during the COVID-19 pandemic.
In New Brunswick, there is no limitation period on civil actions for victims who have been sexually assaulted.
If you’ve been injured and are concerned about a limitation period, we encourage you contact a lawyer to advise you on whether your claim may be barred.
Correia & Collins represents accident and injury victims. Contact us by phone at 506-648-1700 or online for advice. Your first consultation is free.