When you are seriously injured in an accident, you need a personal injury lawyer to handle your claim but one of the questions our Personal Injury Law Firm often gets asked is “What does a personal injury lawyer do?” If you are hurt in a serious accident, a personal injury lawyer can help you get compensation for your injuries. The injury lawyers at Iacobelli Law Firm cover several practice areas that fall under personal injury law. If you are hurt from a fall, a motor vehicle accident, a defective product, a dog bite, hurt by medical malpractice, hurt from nursing home negligence or you have been denied an insurance claim or Long-Term Disability, a personal injury lawyer can help. As you focus on your medical treatment, surgical interventions and therapeutic treatments, our team focuses on protecting your legal rights.
Following a Serious Injury We Can Help While you might be able to handle these issues on your own, there may be too much at stake to handle it alone. During the confusing post-accident days, your personal injury lawyer intervenes on your behalf. As a legal representative, they will force those people to deal with their team instead of bothering you. A personal injury lawyer remains vigilant from the moment you decide you want their representation and a personal injury lawyer protects your legal rights. If someone else has injured you, you may be entitled to collect compensation for your injuries and losses. A personal injury lawyer can advise you about what steps you need to take to negotiate a settlement. If the insurance company refuses to come to a fair and reasonable settlement, a personal injury lawyer should be ready to take your case to court. Your version of the accident becomes the road map that your lawyer will follow as they protect your legal interests. When your lawyer discusses your case with you, they listen for facts and information that require additional clarification and follow up. They ask relevant questions about your accident circumstances, your injuries, pain, recovery, disabilities, insurance and other key information. If you were injured in an auto accident, your legal representative will want to know about lights, traffic signals, speed limits, weather or traffic signs. If you were injured in a slip and fall accident, they will want to understand the surface on which you fell. They will consider the lighting, your shoes and any obstructions on your path. Part of preparing for settlement is doing an investigation of the case and a personal injury lawyer will investigate your case which may involve hiring expert witnesses as well as gathering evidence available as a result of your accident. If you are in an auto accident, both your auto insurance carrier and the other driver’s auto insurance carrier will want to talk to you. If it’s a premises fall or an on-the-job injury, a general liability or workers compensation claim, insurance will want information. To prevent them from contacting you, your personal injury lawyer advises all relevant parties that you are legally represented. They notify each person or entity that all future contacts or inquiries must come through their office. This allows a personal injury lawyer to keep track of insurance communications and insurance claim statuses,injury prognosis, medical treatment and other information critical to your case so you can focus on your recovery. If a Law Firm makes their initial notice via phone or email, they will usually follow up with a formal letter or representation. They will send their representation letter to the drivers of other vehicles involved in your motor vehicle collision, manufacturers of defective machines, insurance companies and anyone else who may try to contact you about the incident. Your lawyer will also represent you at every stage of the claim. This may include involvement in settlement discussions, depositions or examinations for discovery, document productions, mediation, the preparing and filing legal pleadings and motions with court, and any appearances at court or trial. When an agreement is reached outside of court, your personal injury will review settlement documents and releases to ensure that you are protected. Important Things to Remember When You Are A Client Once represented, your lawyer will instruct you on a variety of things you can do (or avoid doing) to help protect your personal injury case. Here are six important things to remember:
Catastrophic and serious injuries often lead to complex diagnoses, treatment, prognoses and disabilities that can have a profound effect on your life. It is important to seek legal representation right away when you are seriously injured as there are important deadlines involved. Iacobelli Law Firm realizes how difficult it is to recover from a serious injury and you do not have to face the consequences alone. Our Team at Iacobelli Law Firm strives to make sure that you are set up with the appropriate care that you need while you recover from your injuries. We provide compassionate and competent legal counsel for the injured throughout Ontario and offer a FREE Consultation so please feel free to call us at 1-866-234-6093. We are honored to serve our clients and our community. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death.
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As if getting hurt in an accident isn’t bad enough, to add insult to that injury, the cold winter weather makes everything even worse. Spending time outdoors, getting around with mobility issues and staying active are challenging enough when you have been injured but even more so when you have to factor in the cold weather. The key to managing some injuries, despite the cold weather, is to try and stay active, warm and healthy. Iacobelli Law Firm understands the struggles that many of our clients face during recovery. Here are 5 Tips to Keep You Healthy this Winter:
Winter can feel like one of our longest seasons in Ontario and our team hopes that you remain safe and healthy this winter. Stay warm! Our team at Iacobelli Law Firm realizes how difficult it is to recover from an injury and you do not have to face the consequences alone. Our Team at Iacobelli Law Firm strives to make sure that you are set up with the appropriate care that you need while you recover from your injuries. We provide compassionate and competent legal counsel for the injured throughout Ontario and offer a FREE Consultation so please feel free to call us at 1-866-234-6093 or complete our online contact form here. We are honored to serve our clients and our community. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. Many personal injury victims find themselves unable to work and support themselves following a serious accident. Sometimes, this results in an injured person applying for and receiving benefits from the Ontario Disability Support Program ("ODSP"). To learn if you are eligible for ODSP following a serious accident, contact the Ministry of Children, Community and Social Services or visit their website here for more information.
While ODSP can provide financial assistance following an accident, you may be required to repay or reimburse ODSP out of the proceeds from your settlement or verdict following a lawsuit. That is, if you are successful in your claim for losses against another person, corporation, or insurance company, ODSP will expect reimbursement of the benefits paid to you. An important exception for injury victims is that ODSP will not expect reimbursement from settlement or verdicts amounts that are received as damages or compensation for your pain and suffering. As such, if all or most of your award is for pain and suffering, you would not need to pay that amount back to ODSP. Also, you will not have to reimburse ODSP from any money awarded to you for expenses actually and reasonably incurred as a result of your injury. The exemption, however, will only apply if the recipient files an annual report document all income and expense transactions relating to the money for which the exemption is claimed. Following a settlement of your claim, whether it is exempt or not, you or your lawyer will need to provide ODSP with specific settlement information. The Ministry will request to review a copy of the settlement documents, along with a breakdown of the heads of damages recovered by you, and the net settlement proceeds available to the ODSP recipient. If you have been seriously injured in an accident you may consider applying for ODSP. Speak to your personal injury lawyer about ODSP and what your obligations will be for repayment at the time of the settlement. With the assistance of a lawyer, you may be eligible to shelter some or all of the money from reimbursement if it is awarded for pain and suffering or medical or other care costs. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. If you are travelling from Ontario to another province in Canada or to the United States, you should be aware that your Ontario Accident Benefits coverage may not always apply. Accident Benefits Coverage While Driving Your Own Vehicle: If driving your own vehicle from Ontario in another province or the U.S., your Ontario Accident Benefits Insurance coverage will apply if you are involved in an accident. Similarly, if you rent a vehicle, you will have coverage under the Ontario Accident Benefits so long as you have purchased If You Are in a Rental Vehicle Most Ontario auto insurance companies offer the option of additional coverage in the event that you are injured in an automobile that you don’t own. The coverage comes in the form of an endorsement known as "Legal Liability for Damage to Non-Owned Automobiles." It is also referred to as the "Rental Vehicle Insurance Endorsement" or "OPCF 27." The OPCF-27 endorsement provides coverage for Liability, Accident Benefits, Uninsured Automobile and Direct Compensation Property Damage coverage described in your policy when an insured person drives other automobiles. If You Are in Another Person's Vehicle If you are a driver or owner of a vehicle that is registered in the jurisdiction where the accident occurred, you may not have access to Ontario Accident Benefits. Section 59(1) of the SABS provides that entitlement to Accident Benefits for an accident in a foreign jurisdictions as set out in s. 2(3) is granted ONLY if a person meets the definition of insured within jurisdiction, and dies or sustains injury AND no benefits are received under the law of the jurisdiction in which the accident occurred. Among the criteria for eligibility for Accident Benefits is the following the applicant was not an owner, driver, or occupant of an automobile registered in the jurisdiction in which the accident occurred. As such, if you are the driver or passenger of a vehicle registered in the State or Province where the accident occurred, you will not be allowed to claim Ontario Accident Benefits. Your rights for first party insurance benefits will be governed by the law of the jurisdiction in which the accident occurred. This is significant, as some US states have much lower benefits available than Ontario. For instance, if you are visiting Florida, and are injured while a passenger or driver of a local Florida registered vehicle, you will not be able to claim Ontario Accident Benefits. This could have serious consequences to your ability to recover your losses following an accident as Florida only provides for $10,000 for PIP / medical and rehabilitation. Ontario benefits, on the other hand, provide as much as $1Million in coverage in the case of a catastrophic injury. If You Are a Pedestrian Hit by a Car in the US or Another Province If you are an Ontario resident with auto insurance coverage in Ontario, you will likely have the option of electing Ontario Accident Benefits if you are struck by a motor vehicle in any Canadian Province or US State. Before Making an Election of Benefits Get Advice From an Experienced Lawyer Generally, your election of benefits is final and cannot be reversed once made. That is why it is important to speak with a lawyer that has experience in cross border accident claims. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. Have You or a Loved One Suffered a Traumatic Brain Injury?Traumatic Brain Injury (TBI) is responsible for a substantial number of deaths and permanent disability in Ontario. Brain injuries can range in severity from mild, moderate and severe. Immediate and long-term effects of a brain injury will vary based on the level of injury. A traumatic brain injury is much different than other injuries. Since our brain is responsible for our emotions, personality and functional abilities, a brain injury can have wide-ranging consequences. No two brain injuries are exactly the same, and the consequence and outcomes of two similar brain injuries may be very different. A Traumatic Brain Injury can cause physical, cognitive, emotional and behavioral effects. Has Your Mild to Moderate Traumatic Brain Injury Been Overlooked? It may be surprising to learn that a Traumatic Brain Injury is often missed following a serious accident. Because a Traumatic Brain Injury commonly accompanies other serious injuries, the medical trauma team may be focused on the more obvious injuries and on stabilizing a person. Sometimes physicians refer to the Glasgow Coma Scale (GCS) to determine the severity of a brain injury. Healthcare providers may also use the Rancho Los Amigos Scale to describe the level of recovery following a Traumatic Brain Injury. Very often, a Traumatic Brain Injury will not be visible on a regular MRI or CAT scan. There are, however, more sensitive imaging studies, such as SPECT scans, which are now being used more widely. Nonetheless, although the diagnostic imaging studies may be normal, a brain injury may still be diagnosed. This is because most brain injuries are not appreciable with imaging and so diagnosis is made clinically by physicians and other health care providers. A concussion is a traumatic brain injury. Know the Signs and Symptoms of a Traumatic Brain Injury Some of the symptoms associated with mild brain injury or concussion are headaches, difficulty concentrating or thinking, memory and attention problems and mood changes. In the case of a severe brain injury, the diagnosis may be immediate where there is a loss of consciousness for more than 30 minutes and memory loss after the injury. When a brain injury is observable on diagnostic imaging, the consequences are often catastrophic. Some severe brain injuries result in impairments to function of limbs, as well as speech or language difficulties. Even in the case of mild brain injuries, a person can be left with significant permanent impairments and symptoms including:
Brain Injury Causes The causes for brain injuries (TBI) include car crashes, collisions involving commercial transport trucks, motorcycle crashes, slip and fall accidents and assaults or other violent crimes. Regardless of the circumstances of your accident, if another person's reckless or negligent actions have caused you or a family member to suffer a severe head or brain injury, you may be entitled to compensation for your losses and expenses. Our team at Iacobelli Law Firm realizes how difficult it is when someone you love is diagnosed with a traumatic brain injury and the many challenges that you may face in your daily lives. Iacobelli Law Firm provides compassionate, professional and effective legal counsel. We also offer a FREE Consultation so please feel free to call us at 1-866-234-6093 or complete our online contact form here. We are honored to serve our clients and our community. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. Collisions involving pedestrians in Toronto and elsewhere in Ontario are, unfortunately, quite common and have have been on the rise. Ontario pedestrian collisions occur in roadways, crosswalks, intersections and, often times, in driveways and parking lots. Pedestrians and cyclists involved in accidents with motor vehicles often sustain serious injuries, including serious orthopedic injuries, catastrophic injury or even death. Ontario Drivers Owe Duty of Care to Pedestrians In Ontario, motorists owe a duty of care to pedestrians. When a pedestrian is struck by a car or other motor vehicle in Ontario, there is a presumption of negligence against the driver of the motor vehicle. This is unlike the law that usually applies to motor vehicle negligence cases and is known as a reverse onus. The authority for the reverse onus for pedestrian accidents comes from Ontario's Highway Traffic Act. As such, the driver and owner of the motor vehicle that strikes a pedestrian in Ontario will have the onus of proving that they were not negligent in the operation of the motor vehicle. Although the reverse onus makes it somewhat easier for pedestrians and cyclists injured by a motor vehicle, it is a mistake to assume that these are easy cases. Because of the potential exposure for damages, pedestrian motor vehicle collisions in Ontario are often vigorously defended by auto insurance companies. Be A Defensive Driver Defensive driving means being aware of your surroundings and anticipating circumstances before they arise. A defensive driver will be aware of people who walk, bicycle, operate a wheelchair, roller-blade or ride an electric scooter. Drivers should especially give particular attention to young children who may be playing near or in the road. In residential neighborhood and school zones, drivers should assume that children will be present and drive accordingly. Unlike mature and experienced pedestrians, children are often less capable of paying attention for vehicles and looking out for their own safety. Pedestrians are not protected by seat belts or air bags or the exterior of the vehicle. As such, pedestrian accidents can result in serious injuries even at low impact speed. If you have been involved in a pedestrian collision, you may benefit from the advice of an Ontario personal injury lawyer. Early preservation of facts and witness accounts is important to the issue of liability. The personal injury lawyers at Iacobelli Law Firm provide compassionate, professional and effective legal counsel for injured pedestrians. We also offer a FREE Consultation so please feel free to call us at 1-866-234-6093 or complete our online contact form here. We are honoured to serve our clients and our community . Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. Slip and fall injuries are common in Ontario, especially when we enter autumn and winter when frost or ice patches may become prevalent. Slip and fall accident often occur on property that is owned or occupied by someone else. Serious injuries can result from a slip and fall accident, including broken ankles, hip injuries, and other orthopedic injuries. Sometimes, serious head injuries can also occur as a result of a slip and fall accident. In rare instances, a slip and fall accident can even result in death, usually as a result of head trauma. If you or a loved one has suffered an injury as a result of a slip and fall accident, you may be entitled to make a claim. Most of the time, insurance is in place to protect the property owners, managers, contractors, and occupiers in the event that someone is injured on their premises. Ontario slip and fall accidents are the most common premises liability claims. Laws dictate that property owners must provide safe, secure and properly maintained premises. Businesses and homeowners in Ontario may be held liable regardless of why a person enters their property. Here are some common causes of slip and fall injuries:
Slip and Fall accidents may occur just about anywhere in Ontario. Commonly, slip and fall accidents occur on commercial properties such as:
What Should You Do If You Are Injured in a Slip and Fall Accident: If you have experienced an unfortunate slip and fall, your first priority should be to obtain medical attention that you may need to tend to your injuries. If possible, photograph the condition or conditions that caused you to slip whether it be ice or snow, uneven pavement or a broken handrail. Many of the circumstances that caused you to slip and fall could change within hours or even minutes after your accident. That is why it is so important to photograph the area whenever possible. It is also very important to know the location of your fall. Take note of the address and be aware of your surroundings especially if there are security cameras in the area. If you or a loved one has been injured by a slip and fall on a wet floor or uneven surface, the property owner may be responsible for damages or injuries that you suffer and it is important that you seek legal advice as soon as possible. Iacobelli Law Firm represent clients throughout Ontario in personal injury matters including slip and fall accidents. Our firm provides compassionate, professional and effective legal counsel and offers a FREE Consultation. Please feel free to call us at 1-866-234-6093 or complete our online contact form here. We are honoured to serve our clients and our community. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. With a three-day weekend on the horizon, most of us will be driving on Thanksgiving Weekend and it is likely you will encounter heavy traffic and delays at some point on your travels. There will be an increased number of motorists on our roadways and you should plan accordingly. Whether you are driving a short distance or have a long drive ahead of you, it is so important to be prepared. Here are some handy tips that we highly recommend you follow this Thanksgiving Weekend:
We hope you enjoy the time that you are spending with your loved ones this Thanksgiving Weekend and we wish everyone safe travels. This year, Iacobelli Law Firm would like to give thanks to our clients for their trust and confidence in our firm. We realize how hard it is for many of our clients that are recovering from injuries and we are thinking of you. Although there are many steps you can take to improve your safety while you are driving this Thanksgiving Weekend, not all accidents can be avoided. If you find yourself in an unfortunate collision, our team at Iacobelli Law Firm provides compassionate, professional and effective legal counsel. We also offer a FREE Consultation so please feel free to call us at 1-866-234-6093 or complete our online contact form here. We are honoured to serve our clients and our community. Andrew Iacobelli is a highly skilled litigator who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Ontario and Florida. Andrew also regularly represents injured clients in both Canada and the United States that are involved in cross-border accidents. One of the questions that we are frequently asked by our clients is "What can I do to assist with my personal injury claim?" This is a good question, and one that we will address is this blog post. Now that you have hired a lawyer to assist with your personal injury claim, there are things that you can do to assist your lawyer in the process. For the most part, your lawyer will assign specific tasks for you, which will go a long way in assisting your lawyer. A major part of the claims process is the collection and organization of records, and documents. Most records must be collected directly by your lawyer in order to properly ensure that they are complete. There is, however, some information that can be provided directly by the client. For example, your lawyer may ask you for a list of all health-care providers, tax returns, and photographs. Most lawyers will not want their clients to collect their own medical records, because the lawyer will likely prefer to control the collection and document the requests and receipt of records. In the litigation process, your lawyer will need to be able to confirm that the medical records are complete. Your lawyer may have other additional requests for you, such as providing the contact information for people that have information about your injuries and their effects upon your daily life. Make sure to ask your lawyer if there is anything that you can do to assist in the process. To see more Frequently Asked Questions in Ontario personal injury claims, visit our FAQ page here. If you would like a FREE Consultation with a Personal Injury Lawyer, call us 24/7 at 1-866-234-6093 or complete our online contact form here. We believe that the best chances for a successful outcome in a personal injury matter is preparedness. That means preparing every case as if it is going to trial. Although the vast majority of cases do settle, the best settlements are usually reached because the injured person's case is prepared to be able to go to trial. In our personal injury law firm, experience has taught us that we can maximize the recovery for our clients by assuming that it will eventually go to trial, and preparing the case to win at trial. |
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