As opposed to what the majority of people tend to believe, not only premise owners and tenants can be liable under the Occupier’s Liability Act of Ontario. If you’ve slipped and fallen on a frozen sidewalk which is owned by the municipality, it is obligated to compensate you for the damage. While the legal principle is the same, there are quite a few technicalities that should be taken into account.
Filing the letter of intent
Now, the first thing that you have to do after you seek out the necessary medical help, should it be needed, is to file a letter of intent. It should express that you intend to go ahead and seek reparations for your damages in court. This should be done within the first week (7 days) after the accident.
It’s highly advisable that you go ahead and take advantage of the services of a professional attorney for this particular matter. This is going to ensure that everything is handled as per the highest industry standards and that the legal content is sufficiently extensive.
Unfortunately, one of the legal regulations that you’d have to abide by is that you have to wait for 60 days after you’ve filed the letter of intent. This is something particularly important and it needs to be accounted for. This should provide the municipality with enough time to react and to conduct the necessary investigation in accordance with the case.
Filing the claim
Now, not every case is going to require court procedures, which is the good news. In certain situations the municipality will acknowledge its fault in breaching the duty of care and it would directly pay off the claimed amount. However, in the majority of the situations certain negotiation would be required. This is due to the fact that your monetary requirements and their appraisals are likely to differ – that’s just the way things work.
You will have to deal with the lawyers of the municipality during the negotiations and that’s not a position that you want to be in without any legal representation and protection. This is why hiring a personal injury lawyer is particularly important right from the get-go. He will be capable of helping you out in this challenging time and he’d know how to handle the claim in general.
If there is one certain prerequisite for winning a solid compensation than this is a good personal injury lawyer. Find one with the necessary experience and track record and you will most certainly get the results that you want. Don’t worry for the money as the majority of the legal firms and professional injury lawyers work on contingency fees. You don’t have to pay anything upfront but the lawyers will charge a percentage of the compensation they win for you, as their fees. Thus, you don’t have a reason to not hire the services of a lawyer.