Getting hurt in an accident is a stressful experience that can leave you in pain and with a burning desire for justice. Yet, when the other party is a government body, the legal process to seek fair compensation can seem overwhelming.
The good news is that, in certain situations, it is possible to file a personal injury claim against government entities in Alberta. However, the rules are stricter – and the deadlines shorter – than in regular civil claims.
If your injury occurred due to the negligence of an Alberta government agency, there is no need to fight for justice alone. The Calgary personal injury lawyers at Grover Law Firm can guide you through the complexities of the legal process and aggressively pursue damages to cover your losses. Read on to find out how.
Your Right to Sue Government Entities After a Personal Injury
In Alberta, depending on the circumstances, you may have the legal right to sue a government body for the following:
- Motor vehicle accidents
- Slip-and-fall accidents
- Defective equipment injuries
Federal and provincial laws outline when and how you can make a claim against government entities, such as towns, cities, and even the province. Unlike a regular personal injury claim, there are extra rules around notice, documentation, and timeframes. Generally, you will need to take quick action and gather as much evidence as possible to give your claim a chance of success.
This highlights why you should always discuss your legal rights with Calgary personal injury lawyers as soon as possible after your accident. Your attorneys can help you identify the liable party, and if it is a government agency, they can act fast on your behalf to seek justice within the limitation period.
Scenarios That Could Lead to Claims Against Government Agencies
Many different types of accidents could lead to claims against government entities, including the following:
- Motor vehicle accidents: Most motor vehicle accidents involve driver negligence and are not caused by government entities. However, if poor road maintenance, potholes, or failure to clear ice and snow per local ordinances are involved, you may be entitled to claim against the municipality. Additionally, if you were hit by a government vehicle, you could also claim compensation if it was not your fault.
- Slip-and-fall accidents: If you fall on government property, in a park, or on a city sidewalk, you may have a claim if negligence was a factor.
- Defective equipment: Examples of defective equipment include elevators or revolving doors in public buildings that malfunction and cause injuries.
- Falling objects: If you were injured by a falling object near a municipal construction site, a falling book in a library, or another scenario, you could have a valid claim.
Proving liability
In order to file a personal injury claim against a municipality or other government entity, you must clearly prove the following 4 points:
- Duty of care: The government entity had a duty of care toward you at the time the accident occurred
- Breach: By acting negligently, an Alberta government agency breached its duty of care toward you
- Causation: Your injury occurred as a direct result of the government agency’s breach of its duty of care
- Damages: You are entitled to fair compensation for the losses you have incurred as a result of your accident
However, questions of liability are complicated by the Municipal Government Act. Here are some exceptions that could mean the government entity is not liable:
- The Municipal Government Act excludes injuries caused by things next to the road, including walls, fences, barriers, and traffic control devices
- The act only includes injuries when the plaintiff suffers greater losses than all other parties
- The municipality may prove it took reasonable steps to prevent harm
Proving liability is complex, and this is not a time to go it alone. Seek qualified and experienced legal counsel from a Calgary personal injury lawyer who knows the law and is not afraid to stand up to the municipality.
Location of the accident and liability
While the 4 points above apply to every personal injury claim, some extra tests can help you determine whether a government entity was liable for your accident.
The Occupiers’ Liability Act would apply if the accident happened on property occupied by the municipality. Under this act, occupiers must provide a “reasonably safe” environment for visitors. The act specifies that occupiers must ensure the condition, activities, and conduct of other visitors on the premises maintain a reasonably safe condition for visitors.
If your accident happened on a sidewalk or road under the care of the municipality, liability would be covered by the Municipal Government Act.
For example, section 531 specifically relates to “Snow on roads.” The law states, “A municipality is only liable for an injury to a person or damage to property caused by snow, ice or slush on roads or sidewalks in the municipality if the municipality is grossly negligent.”
Navigating provincial laws and finding the strongest route to prove liability requires a deep knowledge of Alberta law and years of experience. The Calgary personal injury lawyers at Grover Law Firm can listen to your story and identify the strongest route to compensation.
Limitation Period and Notice Requirements
The two biggest differences between a regular personal injury claim and one against a government entity are the time limit for submitting a claim and the notice requirements.
The time limit for claims
Generally, personal injury victims in Alberta have 2 years to file a claim under the province’s Limitations Act. However, there are additional requirements under the Municipal Government Act. Although the 2-year rule still applies for filing a lawsuit, you must provide the government agency with a written notice within 30 days of the date of your accident.
If your accident occurred on a snowy road, you have even less time to act. Actions claiming gross negligence due to snow, ice, or slush must be notified within 21 days after the accident.
Promptly notifying the government entity is essential. If you fail to do so, you could be barred from recovering compensation entirely, even if you otherwise have a valid personal injury case.
The only times this would not apply are in the following situations set out in the statute:
- When the accident resulted in death
- When there was a “reasonable excuse for the lack of notice”
- When the municipality waives the requirement for notice in writing
It is critical to seek legal advice as soon as possible after your accident. If you contact a personal injury lawyer immediately, he or she may be able to file notice on your behalf and protect your legal rights, or build a case on 1 of the 3 grounds mentioned above to allow you to give notice and file a personal injury claim.
Notice requirements
The Calgary personal injury lawyers at Grover Law Firm know how to give notice to the municipality in a way that protects your legal rights. The Municipal Government Act does not set out exactly what needs to be included in the notice.
However, your attorney can help you convey the following information to get your case off on sound legal footing:
- Your name and contact details
- Date and location of the accident
- Circumstances of the accident
- Description of the injuries and property damage sustained
Submitting notice on time is the simplest way to keep your claim alive. However, if you have missed the deadline, do not conclude there is no hope. Talk to an Alberta personal injury attorney and explore your options.
Potential Compensation in Government Entity Personal Injury Claims
Although there are some differences when filing a personal injury claim against a government entity, your compensation rights are not affected. You can still pursue compensation for pecuniary (financial) and non-pecuniary (intangible) losses.
Pecuniary losses
Pecuniary losses may include out-of-pocket expenses, lost wages, loss of future earning potential, cost of future care, and property damage. In Alberta, there are no caps on pecuniary losses. If you win your case, how much you receive will depend on the seriousness of your injuries, your age, and whether you in any way contributed to the accident.
Non-pecuniary losses
Non-pecuniary losses could include pain and suffering, emotional distress, loss of enjoyment in life, impairment of family relationships, and mental impairment, if applicable. However, since 1978, non-pecuniary damages in Canada have been capped. The federal cap stands at $460,969 as of November 2024.
Alberta also has a province-specific cap on minor injuries resulting from motor vehicle accidents. For 2025, the cap stands at $6,182. An Alberta personal injury attorney can talk you through the potential compensation and caps that apply to your case.
Let Grover Law Firm Guide You Through Government Entity Personal Injury Claims
Government liability claims are not simple. Such cases require a deep knowledge of Alberta and federal law, along with a deep-seated determination to fight for the rights of personal injury victims. At Grover Law Firm, we have over 20 years of experience in fighting for fair compensation for injured Albertans. Will you be the next one?
It is vital to think fast after any accident involving a government entity. Just like private individuals and companies, government entities want to pay you as little as they can – or nothing, if possible. You can transfer the burden of fighting your case onto the broad shoulders of our Calgary personal injury lawyers, who can fight with all our resources for the best possible outcome.
Contact us online or call us immediately at [phone number] for a free case review and take your first step on the road to justice today.