Are you from Ontario and injured while vacationing in Florida? Although no one ever expects to be involved in an accident while on vacation, this happens very often. Each year, many Canadians from Ontario are involved in car accidents, motorcycle accidents, boating accidents, and other injury accidents while vacationing in Florida. While an accident in another country can be extremely stressful, Ontario residents will often be able to bring claims to recover their losses and obtain compensation for their pain and suffering if the accident occurred in Florida. Claims on behalf of Ontario residents injured in Florida are generally more complex because of the interplay between Ontario and Florida law and the various insurance claims that may be applicable. As such, it is extremely important to obtain legal advice from a lawyer with experience in this area of law. As a previous resident and trial lawyer in the State of Florida, I leverage this experience in representing Canadians that have been seriously injured in Florida. Claims involving Ontario residents injured in Florida are unique and often involve claims being coordinated in the United States and Canada. Each of these claims will impact and effect the outcome of the other and, therefore, it is important to seek advice before making decisions that can affect your future. If you are a Ontario resident that has been injured in Florida accident, call Attorney Andrew Iacobelli for a FREE Consultation. Even if you have already hired an attorney in the State of Florida, call us for a free consultation. We can give you advice about Ontario benefits that may be available. If you or a loved one has been admitted to a Florida hospital, we can arrange to meet with you in Florida. To learn more contact our Ontario-Florida accident lawyer 416-900-1070 (Toronto) or at 561-625-6133 (West Palm Beach) and learn how we can help. Connect with Andrew Iacobelli on Google+
0 Comments
There is no question that large companies are powerful and have influence. As an Ontario car accident lawyer, I am reminded every day of the power imbalance between the powerful and the vulnerable. It is the courts and our right to a jury of peers that is the great equalizer - the jury is the final arbiter of disputes between David and Goliath. Although I still believe that jury trials are the best option for a fair resolution of disputes, in Ontario the jury trial has been pervaded to some degree by the influence of large and powerful auto insurance carriers. The Courts must apply the law - and laws respecting the rights of Ontario car accident victims are written by legislators. As we know, legislators are politicians and politicians can be, and often are, influenced by those with the power and resources to influence - in this case of injury law the influential are the large insurance companies. Unfortunately we have ceded our common law justice system and replaced it with a minefield of laws and regulations that heavily favours the insurance company profits over the rights of victims. Today, in Ontario, victims of car accidents that attempt to find justice in the courtroom among a jury of their peers are forced to be silent about how the auto insurance claims process really works - how it puts profits over people. Below are just some of the truths that the jury is not permitted to know in a car accident injury trial: 1. Insurance. The jury is never told that the defendant has insurance to pay for the claim. This is despite the fact that, in Ontario, automobile insurance is mandatory. Many, if not most, auto insurance policies provide for $1 million in liability coverage. Furthermore, it is the insurance company that hires and pays for the defense lawyer, litigation expenses, surveillance, background investigations on the victim, expert reports, etc. It is the insurance company that decides whether or not to pay a claim or force the victim to a trial. Nonetheless, the insurance company will put on a good show for the jury. Almost always the defense strategy will include having the individual defendant (the driver of the at-fault car) paraded into the courtroom to sit there looking scared and worried about the outcome of the case. Insurance companies routinely do this so that the jury will believe that the individual defendant is also, in some way, a victim that has been dragged through a trial and litigation process. There is nothing further from the truth. The fact is, the individual defendant has had virtually no involvement in the case whatsoever. It is controlled and managed by the insurance company, their adjuster, and their defence lawyers. The insurance companies have in-house lawyers, and law firms that they routinely use to defend car accident cases. Nonetheless, insurance companies and their defense lawyers routinely try to mislead juries and make them think that the defendant has no insurance. The jury will never hear any mention of the defendant's insurance or the policy limits available. 2. The threshold. This is something that most people in Ontario have never even heard about. Thanks to the insurance industry lobby, victims that have been injured in car accidents are unable to obtain compensation for any non-OHIP covered future medical expenses (ie. drugs, physiotherapy, pain management, equipment, etc. ) or even pain and suffering unless, and only if, they are able to convince the judge that their injuries are serious and permanent. In a recent trial, a jury made up of the community fairly and reasonably awarded a 66-year-old victim $75,000 for her pain and suffering after carefully listening to the evidence for nearly 3 weeks. Nonetheless, after the jury verdict was rendered and the members of the jury were discharged, the judge made his own finding that the injuries were not serious and permanent. On that basis, the judge wiped out/erased the entire award for pain and suffering and for future medical. The jury was never told about the threshold and they had no direct input whatsoever on making any finding or recommendation on whether they believed that the victim in fact sustained a permanent and serious impairment. Nonetheless, even the judge acknowledged that the award of $75,000 must have meant that the jury believed that the victim's injuries were permanent and serious. At the end of the day, however, the jury finding was ignored by the judge. The threshold, like so many other rules in car accident injury cases, exists for the sole purpose of protecting the profits of large insurance companies at the expense of victims. The insurance companies propagate the idea that people bring frivolous claims in an effort to defraud insurance companies and drive up our premiums. Anyone involved in the industry - on both sides - know that this line is such a crock. It is not the victims that are afraid to share all of the facts with the jury and let them decide the merits of a claim. The victim in a personal injury case is forced to divulge personal information about their lives, including their education (grades), income tax records, and medical history and treatment to a jury made up of six strangers. The victim is subjected to surveillance and invasive medical examinations on behalf of the insurance company. The jury is made up of ordinary people and, one would expect that the six people could fairly decide whether a person deserves compensation or not. I certainly believe in the jury system, and feel that the jury can find the truth when they have all the relevant information. I do not think that there is a lawyer in Ontario that would be foolish enough to bring a frivolous case in front of a jury. Let's get real, it's expensive to have a trial, pay for doctors and accountants to attend at trial to testify, etc. A lawyer that takes a case to trial has to absolutely believe in the merits of his case and client. But here's the real kicker-the threshold only exists in car accident cases where the money on the line belongs to some massive insurance company. If you or I were in a dispute over money and brought our case the court, we wouldn't have the benefit of anything like the threshold - no one is looking to protect your hard earned money. 3. The deductible. Here again the big insurance companies have successfully managed to get a law that allows them to to increase profits at the expense of the victim. In short, the insurance company gets to deduct $36,540 (increasing annually) from the pain and suffering awarded by the jury. Again, the jury is not allowed to hear about this or learn anything about the existence of this deductible. At the end of the trial, the jury will be asked to decide how much the victim should be awarded for her pain, suffering and loss of enjoyment of life. The jury will be left with the impression that the value they decide upon will actually be awarded to the victim. In reality, after the jury is discharged and sent home, the judge will apply the $36,540 deductible and enter a judgment accordingly. As such, where a victim is awarded $75,000 by the jury, the actual judgment will be reduced to $38,460. The jury is not allowed to know this because, obviously, the jury would likely increase the award in order to be fair to the victim at the expense of the insurance company. Despite these challenges in the system, Ontario's personal injury lawyers must continue to be advocates for the injured. At our Ontario injury law firm, we will continue to take cases as far as necessary and through trial where the insurance company attempts to bully victims. If you or a loved one has been seriously injured in a car accident, make sure you have a lawyer that is willing to fight for you. We offer FREE CONSULTATIONS with absolutely no obligation. To learn more, or to speak with one of our dedicated Ontario injury lawyers call us at 416-900-1070 or toll free at 1-866-234-6093. Connect with Andrew Iacobelli on Google+ A female pedestrian was seriously injured on the evening of Thursday May 5, 2016 in Richmond Hill, Ontario. This Richmond Hill pedestrian accident occurred in the area of Pemberton Road and Stockdale Crescent in Richmond Hill. The pedestrian was struck by a grey Honda Sonata. The injured pedestrian, a 21 year old female from the Town of Richmond Hill, was taken to hospital with life threatening injuries. First and foremost, we sincerely hope that the victim of this accident will make a complete and speedy recovery from her injuries. The accident is being investigated by the York Regional Police Major Collision Investigation Unit, and investigators are seeking witnesses. Any witnesses who have not yet spoken with police are being asked to come forward and contact the Major Collision Investigation Unit by calling 1-866-876-5423, ext. 7704, or Crime Stoppers anonymously at 1-800-222-TIPS, or leave an anonymous tip online at www.1800222tips.com. The pedestrian accident lawyers at Iacobelli Law Firm have seen first-hand just how tragic car on pedestrian accidents can be. We are dedicated to fighting for the rights of pedestrians who have been injured because of another driver’s negligence. To learn more, or to schedule a FREE no-obligation consultation with a Richmond Hill pedestrian accident lawyer, call us at 416-900-1070 or complete our online contact form here.
Connect with Andrew Iacobelli on Google+ With the warmer weather in Toronto and GTA, many people are riding bikes and cycling on the roads around the GTA. Biking is a great activity for fun and health. The injury lawyers at Iacobelli Law Firm would like to remind drivers to be aware of cyclists and courteous. Give bikes lots of space on the roads. Motor vehicle and bike accidents are a frequent occurrence around the GTA, and most of these accidents are senseless. Sadly, car accidents involving bikes and pedestrians, even relatively low speed collisions, so often result in serious injuries or even death. In Ontario, if a pedestrian or cyclist is involved in a crash with a car or truck, the driver of the motor vehicle is presumed to be at fault in a civil action. That is, the cyclist or pedestrian can sue the driver and the driver will be presumed to be at fault for the collision. This is an important exception to the ordinary laws on liability, and it recognizes that drivers need to take extra care to avoid collisions with pedestrians and cyclists. If you or a family member has been involved as a pedestrian or cyclist in a crash with a motor vehicle, you have rights to insurance claims for your losses, including lost income and health insurance costs. To learn more about your rights, call us for a Free Consultation and speak with a dedicated bike accident lawyer. To request your free consultation call 416-900-1070 or complete our Contact Form here. At our York Region Ontario Personal Injury Law Firm, we often meet individuals that have suffered a traumatic brain injury following a car accident. Most traumatic brain injuries are diagnosed as concussion following a motor vehicle accident. Other brain injuries are diagnosed as moderate or severe. More severe brain injuries typically include a bleed on the brain.
The immediate symptoms of a brain injury following a car accident can include headache; nausea and vomiting; loss of consciousness or feelings confusion, foggy or disoriented; fatigue and drowsiness; dizziness or loss of balance; and either sleeping more than usual or having difficulty sleeping. There may also be sensory problems such as ringing in the ears, blurred vision, a bad taste in the mouth or inability to smell, as well as sensitivity to light or sound. The long-term symptoms of a concussion or TBI are the most worrisome because they include memory and concentration deficits, mood changes or mood swings, and depression and/or anxiety. Following any traumatic brain injury, whether mild, moderate or severe, the road to recovery is often long and difficult. Even with concussions, the person will likely require plenty of rest and time away from school or work. They will often need to avoid stimulus and activities such as driving or operating equipment. With severe injuries, the victim may need to re-learn skills and activities of living. If you or a loved one has sustained a traumatic brain injury following a motor vehicle accident, we may be able to help. In addition to navigating through the insurance and legal claims that will need to be advanced, our law firm can also assist in obtaining the resources to help you on the road to recovery. This includes access to medical and other healthcare providers that can assist in maximizing your recovery. For a FREE CONSULTATION call us at 416-900-107- or toll free at 1-866-234-6093. As I'm writing this post, we are bracing for a winter storm in Toronto. With the current snow falling down and frigid temperatures, it is difficult to believe that just this past weekend Toronto was enjoying balmy 10 degree Celsius weather. In fact, just this past weekend, I was pleased to see a few motorcyclists out for a ride. No doubt that those motorcycles are back in the garage for at least another week. Despite the weather this week, we will not have to wait much longer to enjoy riding. Spring is fast approaching, and warmer days are ahead. When it is time to take your motorcycle out for the season, make sure you thoroughly inspect your bike and make sure it is safe before heading out on the road. Unfortunately, motorcycle accidents can sometimes occur without the involvement of other vehicles. In addition to rider error, another cause of single vehicle motorcycle crashes is mechanical failures on the motorcycle. Here are some important things to look for before heading out for a ride on your motorcycle: 1. Fluids 2. Cables 3. Lights and turn signals 4. Brake systems 5. Tires - pressure and tread 6. Complete a visual/physical check around the bike for any other issues. Enjoy your motorcycle and stay safe. It is family day long weekend in Ontario. With the bone chilling temperatures, many families will be spending the long weekend indoors. Others are brave enough to go outside and enjoy the winter weather. And many will be traveling. Whatever your plans for this long weekend, we hope that you stay safe and enjoy time with friends and family.
If you are advancing an injury claim in Ontario, your insurance company or the insurance company for the at-fault-party will probably demand that you attend anIndependent Medical Examination also referred to as the IME. You will have no real choice here. If you decide not to attend the IME, the insurance company will cut-off benefits on the basis that you have failed to participate in the examination. If you do attend, there is high likelihood that the assessing physician will write a report in favour of the insurance company, which will then support a denial of your claim. You might be thinking that an impartial doctor should be involved to help resolve disputes between the victims and insurance companies. You would be right in such an assessment - the problem, however, is that the physicians conducting the IME are not independent and certainly not impartial.
The term for the assessment is designed to mislead and give the impression that the victims are to be examined by an independent physician or medical provider that will give an impartial and fair assessment of injuries. In reality, however, there is absolutely nothing independent about the IME or the physician conducting the IME. In fact, the physician chosen to assess you is typically handpicked by the insurance company and is paid handsomely by the insurance company. Most of these physicians perform the IME on contract for an assessment company that is in business to do IME work on behalf of the insurance industry. These are for-profit businesses that specifically service the large insurance companies. The physicians earn thousands of dollars to regularly assess accident victims and write reports for the insurance company. As an Ontario personal injury lawyer, I regularly see the same doctors time and again doing assessments and reports on behalf of the insurance companies in Ontario. Time and again these doctors write predictable reports entirely favourable to the insurance company. Routinely, the insurance companies deny claims on the basis of the medical opinion from their handpicked doctor, all while entirely ignoring the opinions of the involved treating doctors, such as family doctors and specialists. The IME physician will generally only see the victim for at-most one hour, and never establish an physician-patient relationship. Most of the assessment is conducted by way of an interview. In the end, the IME doctor will likely disagree with opinions of specialists and family doctors that have been treating the victim for months and sometimes years. It is truly mind boggling that an insurance company is allowed to entirely ignore the opinion of the front-line doctors who are actually involved in the patient's care and, instead, defer to the opinions of a doctor of their choosing. It happens every single day in Ontario. If your insurance company is asking you to attend an IME, you should have an experienced injury lawyer on your side. For a FREE CONSULTATION call us toll free at 1-866-234-6093 or complete our online contact form here.
Connect with Andrew Iacobelli on Google+
Wondering what your rights are if you have been injured in a car accident caused by a hit-and-run driver? All accidents are stressful, but hit-and-run accidents can be far more difficult, especially where serious injuries occur. Rest assured, however, because an experienced Ontario injury lawyer can help you obtain the insurance coverage you are legally entitled to receive.
As an injury and car accident lawyer, we regularly encounter hit-and-run accidents, or other scenarios where insurance coverage may be limited. Even in hit-and-run accidents, it is often possible to recover adequate compensation for your losses. This often involves claims for unidentified motorist insurance coverage. To learn more about how we can help you and your family following a hit-and-run accident, call us for a FREE CONSULTATION at 416-900-1070 or complete our contact form here. We help the seriously injured throughout Ontario and we may be able to help you. Today, I was driving on a residential road in Richmond Hill and observed a sign reminding drivers to share the road with cyclists, similar to the sign in this post. It got me wondering, do these signs actually work? Do drivers take notice of these signs and pay more attention to cyclists? I hope so, but I really don't know. The area where I saw this sign, was in a residential subdivision. As such, there are likely many children in the area. I would hope that drivers would automatically drive more cautiously in subdivisions without the necessity of a sign reminding them that bikes could be sharing the road. Doesn't common-sense tell you that you should drive slower in residential areas? Not for everyone, unfortunately. Today, as I was driving along this residential road called Tower Hill Road in Richmond Hill, I saw a driver in a white Audi SUV speeding through the area and even passing another car ahead of it. It was like they were on the highway. I was annoyed, and I was hoping the driver would pull off somewhere, so I could ask them what the hurry was? Why are they driving so fast through a neighbourhood with kids, cyclists and pedestrians? Didn't they see the sign? Wasn't it enough to remind them that this is not the Highway 407? Anyway, I'd love to know whether you think these signs make roads safer. Leave your comment below and let us know. |
Author:
|