How long do I have to sue when my loved one was killed as a result of a motor vehicle accident?
Losing a loved one in a motor vehicle accident is an extremely traumatic situation. No amount of money can compensate someone for the loss; however, in Prince Edward Island, family members can bring an action pursuant to the Fatal Accidents Act, R.S.P.E.I. 1988, Cap. F-5.
In PEI, generally, the limitation period to sue a negligent driver who caused the death of a loved one is 2 years from the date of the accident; however, you always want to keep in mind who you are suing. If your case involves a Government entity, then different limitation periods may be at play. Furthermore, if the deceased had minor dependants, then different limitation periods apply for those minor children. Children have until 2 years after they turn 18 to sue.
Your best bet is to contact a lawyer as soon as possible to discuss your situation and what will be required to protect your claim,
along with determining which family members may be able to make claims for their losses. Additionally, an Executor or Administrator of the deceased’s estate may need to be appointed before you can commence any legal action and therefore you want to give yourself as much time as possible to work with your lawyer and commence the necessary actions.
If you’ve lost a loved one as a result of an accident, please contact one of Key Murray Law’s experienced personal injury lawyers for a free initial consultation.
Cynthia A. Taylor
Legal information appearing in this article and elsewhere on Key Murray Law’s website is intended for informational purposes only and is not intended to substitute for or replace any legal or other professional advice. If you have specific concerns or a situation in which you require legal advice, you should consult directly with one of our lawyers.