b. Personal injuries

b. Personal injuries 

If a plaintiff brings an action to claim damages for personal injuries caused by negligence, nuisance or breach of duty, the claim must usually be started within a shorter limitation period. 

The action must be brought within 3 years from the date when the cause of action accrued. The cause of action generally accrues when the plaintiff suffers real and substantial damage, as opposed to negligible damage, arising from the defendant's conduct. However, if the plaintiff did not have the necessary knowledge at that time, the 3-year period will run from the plaintiff’s date of knowledge, if that date is later.  

The plaintiff’s “date of knowledge” is the date when the plaintiff first knew that the injury was significant, that the injury was attributable to the act or omission alleged to constitute negligence, nuisance or breach of duty, and the identity of the defendant.