Slips, trips and falls are a common occurrence and can range in severity. They happen for a variety of reasons; from carelessness on the part of the victim to negligence on the part of business owners, the City and private home owners.
If you have suffered from a slip and fall you may be wondering what your next step is, what your compensation should be, etc. These are all questions that can be answered by speaking to a personal injury lawyer from Rastin & Associates. We handle a variety of claims and give you a free initial consultation to assess your case with no obligation. Our goal is to give you the best representation and to guide you through this difficult process.
Recovering from your injuries can be a lengthy, painful and arduous process. Quantifying what your compensation should be or what your pain and suffering is worth is a very difficult thing to do. Medical treatments can span years with physical therapy and other timely treatment costs running very high. A good personal injury lawyer can guide you to the right treatment facilities and keep you within procedural guidelines. This is why it is important to contact us as soon as you are able. Time is a huge factor that can severely impact your case.
A case has been in the headlines recently about a woman who has over eighty five hundred dollars in legal fees because of her inadvertent break in procedure. Robin Seif suffered an unfortunate fall in 2011 when she tripped and fell on a “significant lip” in a sidewalk. She allegedly sustained serious injuries inclusive of a fractured wrist and knee pain. She claims that the injury has impacted her ability to work and requires the necessary compensation. She decided to sue the City for eighty five thousand dollars.
Unfortunately for her, her case was thrown out for failure to notify the City with her intent to sue within the allotted time period. According to the City of Toronto Act, which is also prevalent in other Ontario communities, the plaintiff/victim has to notify the City within ten days of the incident with their intent to sue, regardless of whether they have made up their mind about going through with the claim. This can be done via written notice (registered mail) following the incident, within the then days. This allows the City to have their representatives investigate the claim in a timely manner, before any more damage can be done to the scene. If you can, it is wise to take your own pictures of the scene, that way it is easier for both sides to know about where, how and when the incident happened.
If this piece of legislation is successfully followed you then have the right to file a claim within a two year period from the date of the accident. Missing the ten day time period does not automatically mean that your case will be thrown out like Robin Seif’s. Every case if different and is thoroughly reviewed before a ruling is made.
Coincidentally, the Judge who ruled against her was quoted as saying that the period of time for the notification was “very unfair”. He went on further to say that the “level of detail” that was required from an everyday injured victim was beyond what many would expect.
There is an allowance made for individuals who may have a reasonable excuse as to why the time period was allowed to lapse. Personal injury lawyers have argued that many victims may not be aware of the requirement during their recovery and it should be reviewed and extended.
The Judge however found that the plaintiff was unduly negligent in filing her claim in an efficient and timely manner as she was not physically or psychologically impaired. The four months that she allowed to pass before notifying the City clerk was unnecessary and based on the law, the case had to be thrown out. Seif is considering filing an appeal.
Aside from the ten day notification period required when filing suit against the Municipality, the standard negligence it is held against is that of Gross Negligence. The Judge would look at the case in its entirety, looking at the negligence on both sides. Your compensation can be vastly decreased if, for example, you were wearing high-heeled shoes and slid on an icy patch on the sidewalk. It is all dependent on the Judge who is ruling in the case.
You may not know all the ins and outs of the law and being injured definitely affects your capacity to make well informed decisions. Let us at Rastin & Associates help you on legal matters while you focus on your recovery. Don’t let legal barriers get in the way of you being fairly compensated for your injuries.