If you’ve been injured, the last thing you want to deal with is legal deadlines. What you should be focused on is healing and getting your life back on track. But there’s something most people don’t find out until it’s too late. It’s a deadline that can completely shut down your chance to make a claim. Missing it could cost you everything. The good news is that knowing about it now gives you a real chance to act.

The Statute of Limitations Trap

The statute of limitations is a strict legal deadline that sets how long you have to sue after an injury. In Alberta, this is covered by the Limitations Act. For most personal injury claims, you have two years from the date you knew, or ought to have known, that your injury occurred, that it was caused by someone else, and that it warrants a legal claim. This is called the discoverability rule. It gives some flexibility, but only to a point.

Even if you don’t realize the full extent of your injuries right away, the law expects you to act with reasonable diligence. Courts look at when a reasonable person in your position would have connected the dots. On top of that, there’s a hard limit of ten years from the date of the act or omission that caused the harm. That’s called the ultimate limitation period, and it doesn’t move, even if discovery is delayed.

Miss either deadline and your claim is legally barred. No negotiations, no extensions. This is why injury claims in Alberta must be taken seriously right from the start.

The Two-Year Rule

The two-year rule is the core limitation period for personal injury claims in Alberta. According to the Limitations Act, you have exactly two years to file a lawsuit from the day you knew, or should have known, that you were injured, that someone else was responsible, and that a legal claim was possible. This is not just a guideline. It is a firm legal limit. What makes this rule tricky is that the “start date” isn’t always the same as the day of the accident.

It could be the day you were diagnosed, the day symptoms became serious, or the day you realized the injury was linked to someone’s actions. The courts will look at what a reasonable person in your situation would have known and when. If you miss this two-year window, your right to sue is gone. It doesn’t matter how strong your case is or how badly you were hurt. Once the deadline passes, the door is closed and the courts won’t reopen it.

Hidden Deadlines That Matter

Not every injury claim follows the standard two-year rule. In Alberta, some situations come with their own deadlines that can shorten the time you have to act. These deadlines often catch people off guard.

Motor Vehicle Accidents

If you’re injured in a car accident, you need to notify your insurer in writing within 30 days. You also need to submit a proof of claim within 90 days to qualify for accident benefits.

Claims Against Municipalities

If your injury involves a sidewalk, road or other public property, you must give written notice to the municipality within 21 days. Missing this notice can end your claim before it starts.

Injured Minors or Adults Without Capacity

For children and people who lack legal capacity, the two-year clock is paused. But once the person turns 18 or regains capacity, the countdown begins. The ultimate 10-year deadline still applies.

Wrongful Death Claims

If someone dies due to negligence, the family usually has two years from the date of death to bring a claim under the Fatal Accidents Act.

When It’s Already Too Late

Once a limitation period has passed, the Alberta Courts will almost always refuse to hear your claim. It doesn’t matter how serious your injury is, how much your medical expenses are, or how strong your witness statements might be. If you missed the deadline, your right to sue is gone. That’s why it’s often called a hard stop. There are no extensions for being unaware of personal injury law or hoping things would work out without legal action. 

That said, there are rare situations where a claim might still have a chance. If the injured person was a minor or mentally incapable at the time of the incident, such as during a medical emergency, the clock may have been paused. In some limited cases, a court might allow a claim if it finds that the deadline should not have started earlier due to delayed discovery. But these are exceptions, not the rule. For most people, missing the limitation period means missing the opportunity for compensation. 

If you think you might be close to the deadline, or already past it, talk to injury lawyers right away. Sometimes the door is closed. Other times, it’s only almost shut.

Need help? Contact Martin G Schulz & Associates Today

If you’ve been injured, time is not on your side. Deadlines can pass quietly, and once they do, your right to compensation may be gone for good. At Martin G Schulz & Associates, our personal injury lawyers focus on injury law every day, and we know how to move quickly when time is running out. Don’t wait until it’s too late. Whether you have questions or need urgent help, our team is ready to step in. Contact us today for a free consultation and take the first step toward protecting your claim.