Check whether your injury claim is still within the limitation period — including government notice traps, minor and incapacity tolling, and discoverability rules.
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In most of Canada, the basic limitation period for a personal injury claim is 2 years from the day the claim was discovered — this is the rule in Ontario (Limitations Act, 2002), Alberta, British Columbia, Saskatchewan, and most other provinces, while Quebec applies a 3-year prescription period under its Civil Code. In the United States, personal injury statutes of limitations range from 1 year (Kentucky, Louisiana, Tennessee) to 6 years (Maine, North Dakota), with the most common periods being 2 years (Texas, California, Pennsylvania) and 3 years (New York, Massachusetts, Washington).
The clock does not always start on the incident date. Under the discoverability principle, the period generally begins when the injured person knew — or reasonably should have known — that they were injured, that the injury was caused by the defendant's act or omission, and that a lawsuit was an appropriate response. Many jurisdictions pair this with an ultimate cap: Ontario bars claims 15 years after the act regardless of discovery, and US statutes of repose (common in medical malpractice and product cases) work the same way. Missing a limitation period is usually fatal to the claim, no matter how strong it is on the merits.
Claims against governments carry notice deadlines dramatically shorter than the limitation period itself. Ontario's Municipal Act, 2001 requires written notice within 10 days for injuries caused by the condition of a municipal road or sidewalk, and Ontario's Occupiers' Liability Act requires 60 days' written notice for slip-and-falls caused by snow or ice on private property. In the US, New York's General Municipal Law §50-e demands a notice of claim within 90 days of the incident before suing a municipality, and comparable rules — commonly 30 to 180 days — exist in most states and under federal tort claims regimes (a federal administrative claim in the US must be filed within 2 years under the FTCA before suit).
Courts can sometimes forgive late notice where there is a reasonable excuse and the government body is not prejudiced, but this is discretionary and litigated case by case — never a substitute for timely notice. The practical rule is simple: if any government body might be responsible for your injury, serve written notice immediately, by a method that produces proof of delivery, describing the date, location, and nature of the incident. Notice costs nothing and preserves everything.
Limitation periods are suspended (tolled) in defined circumstances. For minors, the clock in most Canadian provinces does not start until the injured person turns 18, and nearly every US state similarly tolls the statute during minority — meaning a child injured at age 5 may be able to sue at 18 plus the standard period. Incapacity works the same way: a claimant who is physically, mentally, or psychologically incapable of starting a proceeding — a coma patient, or someone with a serious brain injury from the accident itself — generally has the period suspended until capacity returns or a litigation guardian is appointed.
Two more rules matter. First, a written acknowledgment of liability or a part payment by the defendant or their insurer restarts the limitation period in many jurisdictions — but ordinary settlement negotiations do not, and adjusters know it; claims regularly die because the claimant negotiated past the deadline. Second, several jurisdictions have abolished limitation periods entirely for civil claims based on sexual assault — Ontario, British Columbia, and most Canadian provinces have done so, and dozens of US states have opened revival windows. Tolling preserves the right to sue, but not the evidence: witnesses disappear and records are routinely destroyed under 7–10 year retention policies, so acting early always wins.
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This tool provides general information about limitation periods and notice deadlines — it is not legal advice and does not calculate your actual deadline. Limitation rules differ by province, state, claim type, and defendant, and exceptions are highly fact-specific. Only a qualified personal injury lawyer in your jurisdiction can confirm whether your claim is in time. If any deadline may be near, contact a lawyer immediately.
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