Statute of Limitations
In most cases, a person must issue proceedings within two years of the date of the accident. It is essential that the date of the event causing the injuries is ascertained as soon as possible. When a person submits a claim to PIAB, this time limit will be put on hold once the person receives confirmation that the application is complete and the claim is registered. Time will start to run again six months after the date of issue of an Authorisation.
Procedure 4.1 Calculating the Statute of Limitations expiry date for a personal injuries case using EOS.
- Open the case.
- Click on the “Risk” tab.
- By default, all PI cases are High Risk. If the risk level is “Low” or “Medium”, change the risk level to “High”.
- Complete the form as follows:
- Date of Incident: The date the alleged incident occurred.
- Date of Knowledge of Incident: The date the person became aware of the alleged incident
- Date of PIAB Acknowledgment: The date the person received confirmation from PIAB that the application is complete and the claim is registered
- Date of PIAB Authorisation: The date of issue of an Authorisation from PIAB
- Statute of Time Modifier: “Personal Injuries (2 Years)”
- Reason for High Risk: “Case involves a Statute of Limitations/Other Deadline”.
You will notice that the Date of Statute Expiry is automatically completed.
Click the “Update Details” button.
See also the information regarding Risk in Chapters 3 & 5 of the Administrative Procedures Handbook
Where the expiry of the limitation period under the Statute is imminent and the application for legal services is proximate to the expiration date (within less than three months), bring the application to the attention of the Director of Civil Legal Aid so he may consider whether meaningful legal services can be provided within the timeframe.
If it is considered that such services cannot be provided, write a letter to the applicant in accordance with a draft approved by the Director of Civil Legal Aid.