There is no fixed timeline. A claim usually cannot be valued until your injuries have stabilized. Court rules then set the pace: a statement of claim must be served within 1 year of filing, parties must try a dispute resolution process before a trial date is set, and a claim with no significant progress for 3 years can be dismissed. Many claims settle without a trial.
Last reviewed September 16, 2026. General legal information for Alberta, not legal advice.
The stages of an Alberta injury claim
| Stage | What happens | What sets the pace |
|---|---|---|
| 1. Treatment and benefits | Medical care, Section B claim, time off work | Your recovery. The 30-day Section B notice. |
| 2. Investigation | Evidence of fault, medical records, income records | How quickly records arrive; whether fault is disputed |
| 3. Filing | Statement of claim filed in the Court of King’s Bench | The 2-year limitation period |
| 4. Service and defence | Claim served; defence filed | Service within 1 year of filing |
| 5. Documents and questioning | Exchange of records; each side questions the other under oath | Number of parties and experts |
| 6. Dispute resolution | Mediation or a judicial dispute resolution | Required before a trial date, unless waived |
| 7. Trial | A judge decides fault and damages | Court availability |
Why the medical side usually sets the timeline
Settling before anyone knows how your injury will turn out means guessing at future income and care. So the honest answer to “how long” begins with “how long until your doctors can say where you will end up.” A strain that resolves in a few months and a spinal injury that needs a year of rehabilitation lead to very different timelines.
Meanwhile the limitation period keeps running. Filing a claim to protect it does not force an early settlement.
The court rules that shape the pace
- Rule 3.26: a statement of claim must be served within 1 year after it is filed. Any extension cannot exceed 3 months and must be applied for before the year ends.
- Rule 4.16: the parties are responsible for good faith participation in a dispute resolution process, such as mediation or a judicial dispute resolution, and a trial date is normally not scheduled without it.
- Rule 4.33: if 3 or more years pass without a significant advance in the action, the court must dismiss it on application, subject to limited exceptions.
What makes a claim faster or slower
| Usually faster | Usually slower |
|---|---|
| Fault is clear | Fault is disputed or several drivers are involved |
| The injury has resolved | The prognosis is still uncertain |
| Income loss is simple to prove | Self-employment or career loss must be projected |
| Records are complete | Gaps in treatment need explaining |
| Minor injury cap is not disputed | A certified examiner assessment is needed |
Benefits do not wait for the lawsuit
Section B accident benefits are paid while the claim proceeds. Medical and rehabilitation expenses incurred within 2 years of the crash are covered up to $50,000, and an eligible person unable to work receives a weekly benefit of up to $600 for up to 104 weeks. See Section B benefits.
Timelines under Care-First
The Government of Alberta says its Care-First auto insurance system starts January 1, 2027. The new Automobile Insurance Act takes effect by proclamation, so always confirm the start date that applies to your crash.
Crash before Care-First starts: the current rules keep applying to it, including the right to sue the at-fault driver, the minor injury cap and Section B benefits (Automobile Insurance Act, s 103).
Crash after Care-First starts: injured people receive benefits from insurance, and the right to sue narrows to specific cases, such as a driver found guilty of a prescribed criminal or traffic offence, certain third parties like a vehicle manufacturer, a parts supplier or the municipality responsible for the road, and some losses above the benefit limits. Benefit disputes go to the Alberta Automobile Care-first Tribunal. Benefit disputes for crashes after that date go to the tribunal rather than to court, which follows its own process.
Sources
- Alberta Rules of Court, Alta Reg 124/2010 (Rules 3.26, 4.16, 4.33, 10.7)
- Limitations Act, RSA 2000 c L-12
- Automobile Accident Insurance Benefits Regulation, Alta Reg 352/1972, Schedule A (Section B)
- Minor Injury Regulation, Alta Reg 123/2004 (Alberta King’s Printer)
- Automobile Insurance Act, SA 2025 c A-47 (Care-First)
- Government of Alberta, Care-First auto insurance