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Wednesday March 4, 2015

Take Heed: Waiting To Sue May Not Be Your Friend

Posted in: Personal Injury

Nova Scotia Changes Limitation Laws

Did you know there are time limits on how long you have to sue someone for an unlawful act they may have committed against you?  In October 2014 the Nova Scotia Government reworked many of its legal limitation laws and the changes will soon take effect. The laws have established a basic two year limitation period for most civil claims and created an ultimate limitation period of fifteen years for legal claims. Limitation periods put a cap on the length of time people have to sue, and this new law ensures people can no longer be liable forever. These new laws mean significant changes for individuals who plan to make claims and for professionals, or business owners who may be sued.

Everything from slips and falls to motor vehicle accidents have a new limitation. Nova Scotia’s Limitation of Actions Act sets forth a variety of time limits depending on how you were wronged and by whom. Some time limits are as little as six months while others have no time limit at all. In order to determine how much time you have for a claim, and to ensure you make one within the limit, it’s best to speak with a lawyer who can help you seek out the rudimentary information and better understand the myriad of time limits.

What The New Limitation Laws Mean For You

The new legislation sets a two year limit on formally suing the culprits in many personal injury claims such as falls, product liability, and other non motor vehicle negligence claims.  This is a drastic change from the previous legislation which allowed six years to pursue a non motor vehicle negligence case.  If there is a motor vehicle accident, the limitation is now three years.

The new law also means some time limits are grandfathered under the old rules depending on when the wrongdoing happened compared to when the new law finally crystallizes and takes effect.

Due to the variation and complexity of these news laws and limitation periods it can be difficult to determine if your case is within the limits and still worth pursuing. In the case of sexual assaults and domestic violence there is no longer a time limitation.  The changes to these laws better protect victims who want to file lawsuits.

Important Limitation Laws

Below is a list of a few important limitation laws to be aware of:

Each and every case is unique, and just because there are new laws, don’t dismiss your claim as no longer being valid.  The best way to determine your next course of action after an injury or wrongdoing is to speak with a lawyer. Connect with a member of our team today to schedule your free consultation. To contact a member of our Personal Injury team call us at 902-469-9500 or 1-866-339-3400.

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