In the mind of someone that has fallen on government property, it may seem logical to sue the appropriate municipal authority. Yet such thinking reflects a failure to think about all the times when the same authority is sued in the past. Such experiences explain the existence of laws that relate to the suing of government institutions.
Can the plaintiff show gross negligence on the part of the government?
Plaintiffs that fail to demonstrate the existence of gross negligence should not expect to win any lawsuit, even if injuries have been severe. The reason for that statement should become clear to anyone that reads the next paragraph.
What is an example of gross negligence?
That would entail learning about the problem and then ignoring it for an extended period of time. Typically, government workers seek to correct any identifies problem within a period of less than 24 hours. Moreover, it can be difficult to provide proof that the government knew about certain problem. Do you have a picture or document that proves the existence of that earlier complaint?
How rapidly can you acquire proof that of the dangers present at a given location?
Do you have a picture that makes that danger obvious? Do you have any document that shows the need for a repair to your vehicle or a treatment for a medical condition? Without such evidence, it could prove next to impossible to win a lawsuit, even if oversight by government workers has been responsible for an injury.
In Alberta, someone that intends to file a suit against a municipal authority must carry out that action within 21 days of an injury-causing accident. Anyone that fails to submit a complaint after that statute of limitations has passed will be unable to do so. Yet too hasty a move does suggest a desire to be greedy. In other words, it suggests a desire on the part of the fallen victim to take unfair advantage of a situation.
Steps that victims can take, in order to increase their chances for winning a lawsuit
• Take pictures of the scene, of any damage and of any injuries. Check for the existence of any surveillance cameras in the area.
• Have any injuries examined by a doctor as soon as possible, following the incident.
• Speak with witnesses; get their contact information.
In the case of an incident involving a fall, it can help to save the footwear worn at that time. Of course, that assumes that the fallen victim was wearing a sturdy pair of shoes. If that is not the case, the personal injury lawyer in Leduc will find it hard to obtain compensation from a government institution.