Sustaining an injury on city property can in some cases be blamed on lacking maintenance by the government. In cases like these, you may potentially have a foundation upon which you can build a lawsuit against the city government in order to obtain compensation for your losses. While it is often an individual who is the recipient of a personal injury lawsuit, it can also be a government institution or company.
The best way to build a successful lawsuit against a city is to have an experienced personal injury lawyer in Lindsay on your side who has a track record of winning cases similar to yours.
Statutory of Limitations In A City Lawsuit
If you wish to file a claim against a municipality or city, then you will need to look to the Ontario Municipality Act in which the rules and deadlines surrounding such claims have been established.
The first deadline to watch out for is set a mere ten days after the accident has taken place. Within this short time frame, you will already need to have given notice to the municipality or city so they know of your intention to sue them for your sustained injuries. You can hand deliver this notice directly to the Council Services Department, or you can mail it through registered mail.
Should you file to have this notice delivered on time, you may lose your right to file a claim. Because of this, it is best to have already hired a lawyer at this point who will take over and draft and deliver this note on your behalf. That way, you will be able to focus solely on your injuries and the beginning of your medical treatment.
There are situations in which a judge may excuse the late delivery of a notice. However, that is far from the norm and should be a situation that is to be avoided at all costs. Simply meeting the deadline is by far the preferable option.
The Contents of Your Complaint
To start with, your complaint will need to contain the time and date of the accident that left you injured, together with a series of photographs documenting your injuries and property damages, as well as additional photographs from the location at which the accident took place.
You will also need to provide documentation of your accident related expenses in the form of bills and receipts stemming from your medical treatments and any medical devices you may have needed during your recovery. Attached to this should also be detailed medical records of the treatment you have undergone and/or treatments you are still undergoing.