If another driver causes an accident, the hit driver knows who to sue, in order to seek money for damages. Yet someone that has become injured on one of Ontario’s aging roadways might wonder how to get compensated for those specific injuries. Who should he or she sue?
The municipality charged with maintaining that particular roadway could be the institution that ought to be sued. But before taking that action, the injured party must first gather all the facts.
Did the municipality know about the unsafe conditions, those that injured the unhappy party?
If a municipality did not know about the unsafe conditions, and if it can be shown that the same municipality could not be held responsible for its lack of knowledge, then that institution could not be sued for injuries suffered by someone that was using the unsafe roadway. If the municipality had ignored statements about the roadway’s conditions, then it could be held responsible for any injuries suffered by those that used the dangerous roadway.
How soon can the injured party create a note that includes all the information desired by the charged municipality?
In addition to filing a claim, the injured party must deliver to the municipality a note that states his or her plans to make a personal injury charge. That note must include the date and time of the incident, the location of the incident, details, regarding what took place on the unsafe road and a description of the injuries suffered by the suing party.
That note should be hand delivered to the municipality within 10 days of the incident. Alternatively, it can be sent by registered mail, with the same time restrictions in force.
If that note gets sent by registered mail, then it should be addressed to clerk of the municipality. There is, though, one general situation in which the clerk of the municipality would not have to receive such a note. That situation concerns the health status of the person that has been injured, and has given thought to filing a lawsuit, filed by the assistance of Injury Lawyer in Hamilton.
If that particular injury was so bad that it led to the death of the person that chose to travel on the less-than-safe road, then the municipality would not have the right to demand receipt of the usual note. The same facts would be true, if the injuries were so severe that the person harmed lacked the ability to create and mail or deliver the usual note. In that case, a lawyer could proceed to sue in the absence of such a note.