If you are injured on city property or because of city government’s lack of due care, it is possible to sue and obtain considerable compensation. Personal injury lawsuits are not limited to individuals as defendants. They can also include institutions like city governments.
If you have been injured as a result of a city or municipality’s lack of due care, you need an experienced personal injury lawyer in your corner. Our Windsor personal injury lawyers are here to help. We offer free consultations and can handle your claim against a city or government entity.
Deadlines for Filing a Claim Against a City
The clock is ticking. The Ontario Municipal Act establishes the rules and timelines for filing claims of negligence against cities and municipalities.
You have just 10 days following the date of the accident to give the city or municipality written notice of your intention to file a claim. This written notice must be sent by registered mail or hand-delivered to the Council Services Department.
If the notice is not delivered within 10 days of the date of the injury or damage to your property, your right to sue might expire. This is precisely why you need a skilled personal injury lawyer on your side. Your lawyer will compose the written notice on your behalf while you tend to your injuries.
Though it is possible for a judge to excuse a late notice if there is a sufficient excuse for failing to adhere to the 10-day time frame, such an action is not guaranteed. There must be no prejudice to the municipality in order for the judge to forgive the late notice. It is better to file the notice in the 10-day time frame so you do not have to roll the dice by seeking relief from a judge.
What to Include in Your Complaint
Complaints against the City of Windsor involving personal injury or damage to property must explain how the city’s lack of due care (negligence) caused or contributed to your injury or damage. It must include all of the relevant details of the accident, such as:
- Date and time of the incident
- Pictures of damage or injuries
- Pictures and information about the location of the incident
- The cost of subsequent care and receipts for medical treatment or medical devices
- The details of medical treatment
- Your doctor’s notes about the injury
- Estimates or receipts for repair to damaged property
- Damage to all affected property should be fully documented
If anyone witnessed the accident, include their names and contact information in the complaint as well.
Include as much information as possible in the complaint so the city can get a true gauge of your claim’s legitimacy and act accordingly. An abundance of information will greatly increase the odds of obtaining compensation for your injury or property damage.
This evidence will go a long way in proving the causal relationship between the city’s negligence and your injury. If it cannot be proved the city’s alleged negligence or omission is the cause of your injury or damage, it will be difficult to obtain compensation.
Contact Us Today
Our personal injury lawyers are here to help you obtain compensation for your pain, medical bills and lost wages. We will compile evidence, interview eyewitnesses, develop a legal strategy, and represent you during negotiations and in court.
We work on a contingency fee basis. You won’t pay anything unless we recover compensation for your case. Contact us today for a free, no obligation consultation.