Is There A Time Limit For Seeking Compensation In A Case Of Negligence Causing Death?

There are always time limits involved.

In British Columbia, the normal limitation period for a negligence accident is two years, but there are a number of factors that affect those time limits. Discoverability is one way that the limit can be extended.

For instance, in a medical setting, a doctor may implant a medical device which sometime later is found to be malfunctioning. There may have been problems with it, and it may have killed a number of people. In our claim, if it looks as if the same device may have killed this person, then yes, the limitation period would not start to run until we have the means or knowledge to determine whether there has been at least some negligence. In this case, we would not really have to worry about a two-year time limit. However, you should always move quickly in these situations, as soon as you do realize there is a problem. You are not going to typically be caught in a time limit if there is evidence that needs to be examined. In cases of medical malpractice, there is a longer time period allotted than in traditional negligence actions.


If you, or someone you care about, is dealing with Personal injury law issues in the Vancouver, British Columbia Region, contact Stephens & Holman.

This article is taken from a March 27, 2008 interview with Simon Holman, LL.B., Personal Injury Lawyer with Stephens & Holman in Vancouver , a Personal Injury Law Firm.

Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.