If you’ve faced a personal injury on city property, or have been injured because of your local government’s lack of planning or use of due care, it is possible to launch a personal injury lawsuit against the municipality. Many people believe that personal injury lawsuits can only be filed against an individual, but this is not so. Governments, businesses and institutions can also be found at-fault in personal injury cases, and ordered to pay compensation to the injured party.
When the City is at Fault
Though a city government can found at fault in a personal injury lawsuit, cities do have protections in Ontario that limits the time you have to make your claim. You must notify the city of your intent to file a claim within 10 days of your injury or accident. Without this notice, you may no longer be entitled to launch a lawsuit against the city.
In some instances, a judge will choose to excuse a failure to provide notice during this timeline if sufficient reason is provided, but this is not a guarantee. So, when injured on city property or as a result of the city’s negligence, it is always in your best interest to seek legal council and submit an intent to file a claim as soon as possible after the incident has taken place. City governments are also certain to have their own legal representation, and it is important that you have an experienced personal injury lawyer in Trenton to represent your interests as well.
Filing a Complaint against the City
A successful complaint against a city will need to outline the details of your injury or accident, and how the city’s negligence (or lack of due care) caused this injury to take place. It is important to include all relevant facts including date, time, location, photos of the injury, costs of medical care, medical notes on your injuries, damage to property, and any lost wages that were incurred.
Remember that those who will be reading the claim did not witness the accident, and have no information about the city’s liability, or the resulting injuries. It is important to be as detailed and specific as possible to create a realistic and thorough picture of the city’s fault. The more evidence of the situation you can provide, the more likely it will be that your claim will be successful. An experienced lawyer can help you to put together a complaint that is comprehensive, detailed, and that helps move your case forward toward success.