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If you or someone you know slip and fell on the ice at the sidewalk,you need to call in a personal injury lawyer to get compensated for the injuries. You will be eligible to claim from the municipality as they did not keep the sidewalks clean. However, there is a hidden clause that you might not even be aware of which might leave you high and dry with no legal respite to a compensation.
As per the Ontario laws, you are required to submit a written notice to the municipality that is responsible for keeping the roads and sidewalks safe and free of snow and ice. However, this needs to be done within the first 10 days after the injury. The law requires that you need to apply within the ten days if you have been injured on public property under these conditions:
- Car accident on snow covered roadways
- Slip and fall on iced sidewalks/parking lots
- Trip and fall due to defect on the sidewalk
- Accidents due to unsafe roads
- Accidents due to poorly maintained roads
- Accidents or vehicle collision due to improper maintenance of bushes/trees along the roads
Apart from personal injury lawyers in Ontario, nobody is aware of this vital requirement that you need to file a claim within 10 days of the injury. Although it seems unfair, some cases were allowed to be filed after the lapse of the 10 day period. However, this was only done if reasonable reason for not being able to give notice within ten day period. That is why it is important to contact a personal injury lawyer on the same day of the injury, if you can. It is important not to waste any time.
If possible, take images of the sidewalk where you fell and if your friend or partner can measure the snow on the sidewalk, you will have enough evidence to build a strong case, against the municipality. A written notice needs to be sent out immediately and you need to include these features:
· About the accident. Was it an auto collision/slip and fall?
· Give the exact location. Where did it happen?
· About your injuries
· Write about your intention to pursue a legal case for the personal injuries
If you are not sure which exact municipality is concerned, deliver it to more than one municipality. However, it is important that it is delivered in time so that if you need to file a claim, there is time to do it.
It is best to stay in touch with the personal injury lawyer who will be able to estimate the compensation you deserve to win. If the injuries are serious, the compensation will include the long term treatments, disability claims and more. That is why don’t try to file claim on your own or send a notice by yourself. Having a good and experienced lawyer is half the battle won.