When a Canadian (Ontario) is involved in a motor vehicle accident in the United States, they still enjoy the benefits provided by Ontario auto insurance. As long as the Ontario resident has an auto insurance policy in Ontario or is otherwise covered under a valid Ontario auto policy, they will enjoy some important protections in the event that they are injured in a car or motorcycle accident while vvisiting the United States. These benefits or protections from the Ontario auto policy will be available even if the accident does not involve their Ontario plated motor vehicle. Whether a driver, passenger or even a pedestrian, an Ontario resident can get accident benefits from their Ontario auto policy.
Usually, the Ontario accident benefits available to accident victims are standardized for all Ontario accident victims. In the case of a car accident injury in the United States, however, the Ontario resident will have a unique option to Elect benefits. The right to elect accident benefits is an option that applies only in the case of an accident that occurs outside of the Province of Ontario. Specifically, Section 59 of the Statutory Accident Benefits Schedule (SABS) provides that a person claiming benefits may receive either: Ontario Benefits, or Benefits available in the jurisdiction in which the accident occurred. This ability to choose benefits is an important consideration when Ontario residents are injured in a US accident. Essentially, the Ontario resident will be able to choose the benefits from the jurisdiction that provides the most needed benefits for the person injured. How do you choose which benefits to elect? Every jurisdiction has different benefits, so it is important to understand what is available in Ontario and what is available in the place where the accident occurred. Once you an understanding and appreciation of available benefits you can make an informed decision to protect yourself from the losses caused by the accident. Often, Ontario benefits are greater than those available in the United States, but not always. Get informed. If I Elect Benefits from the United States, do I have to obtain treatment in the US? The election of benefits has to do with the types of benefits available and the quantum, including the amount of money and how long the benefits are payable by the insurance company. This might include such things as medical and rehabilitation expenses, housekeeping expenses, attendant care, and wage loss replacement. if you elect the US State benefits, the treatment can still occur in Ontario and the claim will be paid by your Ontario insurance company. Free Consultations with a Cross Border Injury Lawyer If you were injured in an accident in the United States or if you are a lawyer with questions about Ontario benefits, call Andrew Iacobelli for a free consultation. Andrew Iacobelli is regularly consulted by injury victims and lawyers in Ontario and the United States with respect to legal questions pertaining to cross border accidents. We are happy to speak with you, and we welcome your calls. 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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Shopping has become extremely easy for us to purchase products online from all over the world and every year thousands of people are injured from defective products. Decisions to purchase a product are based upon advertisements and good-faith that the product will be what the consumer expects. When a product injures a consumer, the law offers a means of recourse to compensate for the consumer’s injuries. What is a Defective Product? Any product that malfunctions while being used for the purpose it is intended is considered a defective product. If using the defective product results in a consumer injury, the product is considered unreasonably dangerous. Have You or a Loved One Been Injured by a Dangerous or Defective Product? Anyone who has suffered an injury caused by a dangerous or defective product understands that it can be a traumatic experience. Whether the injury was caused by a design defect, improper instruction or a defect that occurred during manufacture, you have the right to take legal action against the responsible party. Responsible parties can include private citizens, stores, manufacturers, insurance companies and large corporations. The list of possible products responsible for consumer injuries is endless. Some of the more common claims involve bicycles, tools, industrial equipment, toys, ladders, medical devices and pharmaceuticals. Too often children or workers are the victims of defective or poorly designed products. If you are injured by a defective product, there are important steps you need to take. 1. Visit a doctor or hospital immediately upon sustaining a harmful product injury as documenting the injury is crucial. Postponing medical care is one of the most careless things to do even if the injury sustained by a defective product was not life-threatening. Timely medical treatment by visiting a doctor ensures that you receive adequate care for all injuries including those that might have latent symptoms. 2. Do not give a verbal or written statement before speaking with a lawyer. Ontario law provides a basis for recovery if you or a loved one are injured as a result of a defective product. The law is complex and proof involves a complete review of the product design, development, manufacture and labeling requirements. 3. Do not dispose of the defective product under any circumstances. The defective item is the core piece of evidence around which the whole case of product liability claim revolves and destroying it could be detrimental to your claim. Along with the product itself, you should also save the original packaging, instruction manual and receipt or proof of purchase. Product defects can be the result of a number of factors and conditions including:
After any situation involving a dangerous or defective product, you should speak with an experienced lawyer who will evaluate your case to ensure that your legal rights are fully assessed and protected. Product liability laws are complicated and people injured by dangerous or defective products need the aid of personal injury lawyers such as Iacobelli Law Firm who will advise you on the complexities of your case and guide you through the legal system toward the most favorable outcome. We are a dedicated Ontario Personal Injury Law Firm that provides compassionate and competent legal counsel and we 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. Many businesses in Ontario are facing major financial losses due to the interruptions caused by the COVID-19. What some may not be aware of, is that many commercial insurance policies include coverage in the event of a business interruption. This coverage is designed to provide relief in the event of an unforeseen business interruption, which results in losses. It is expected that there will be many claims filed for business interruption during the coming weeks and months. It is unknown how insurers will respond to the many anticipated claims that will emerge in the coming weeks and months. If you have a business interruption insurance claim that has been delayed or denied by your business insurance provider, you may have rights to take legal action. Iacobelli Law Firm is experienced in insurance claims litigation, and we may be able to assist if your claim has been denied.
For more information, or to schedule a consultation with one of our insurance denial lawyers, call us at 416-900-1070 or toll free at 1-866-234-6093. Our phones are answered 24/7, so call us anytime day or evening. Iacobelli Law Firm is pleased to welcome Emily Esmailion as the newest addition to our team. Emily is a law clerk, and brings a wealth of training and education to support our clients. In addition to her undergraduate Bachelor of Arts Degree, Emily also earned a paralegal certificate from Humber College. We believe that Emily's education and experience will make her an important contributor to our team and will add value to our client service.
We have become accustomed to security and bouncers at events such as night clubs, bars, sporting events, concerts and other attractions. For the most part, bouncers and security guards are important to the safety of all patrons and the event organizer or business owners. It is important to know that security guards or bouncers at clubs and events are regular citizens; they are not police and they cannot use excessive force on a patron. Bouncers do, however, have the right to defend themselves if necessary. Bouncers are generally permitted to do the following:
Most of these security personnel/ bouncers are trained to use restraint in dealing with the public but that may become increasingly difficult as a situation escalates. Bouncers are allowed to use only reasonable force as a response. Bouncers are not allowed to:
Bouncers are subject to criminal and civil repercussions just like everyone else. Although they may be trained in passive and non-threatening crowd control methods, they may over-react and lash out in an unreasonable way which might injure a patron or innocent bystander. Assault by bouncers or security staff can result in serious injuries, including broken bones, head injuries, traumatic brain injuries and, sometimes, even death. When security staff or bouncers are too aggressive and cause serious injury, they can be held accountable in a civil claim brought by the injured victim or their family. If you or a loved one have been injured due to the negligence of a bouncer or other security personnel at a bar, nightclub, concert, sports game or other event, you may be entitled to compensation. Ontario has laws making the owners and occupiers of property responsible. Specifically, the Occupiers’ Liability Act requires that the owners and operators of bars and nightclubs, sporting and concert venues and other establishments, ensure that patrons are reasonably safe while they are on their premises. Employers of bouncers and security guards are also responsible to provide adequate training, instruction and supervision. Often bouncers are employed in settings where alcohol is being served, such as at bars and nightclubs. The establishment has a duty not to over serve patrons. Even if you were intoxicated and acting inappropriately, the physical force used by the bouncer must be reasonable. What Should I Do if I am Injured by a Bouncer? If you have been injured while inside or outside a club or establishment by security personnel or a bouncer(s), you might be entitled to monetary damages for medical bills, loss of income, pain and suffering and other losses as the law may allow. It is important to remember the following:
At Iacobelli Law Firm, we have extensive experience representing clients who have been seriously injured due to an assault at an establishment or an event. We are a dedicated Ontario Personal Injury Law Firm that provides compassionate and competent legal counsel and we 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. The injury lawyers at Iacobelli Law Firm are again honored to be listed among the Three Best Rated for our community. In 2018 and 2019 our firm was recognized as a Three Best Rated personal injury law firm in our community. For 2020 we are proud to be recognized among the best rated medical malpractice lawyers in our community. Canadians regularly drive across the border in the United States for pleasure or business. When a Canadian (Ontario) resident is injured in a car accident in the United States, they may not be aware that they could have significant rights to make an insurance claim in Ontario. In fact, often times, the major component of the claim for injuries will be paid through Ontario auto insurance, even where the accident occurred in the United States and an American driver or vehicle is at fault for the accident and injuries. This may seem counter intuitive. Canadians travelling to the United States will no doubt see and hear advertisements from US car accident lawyers. While part of the claim may need to be advanced in the State where the accident occurred, very often the more significant insurance claims will be administered in Ontario. Many Ontario residents injured in car accidents in the United States will have a first party insurance claim against their own auto insurance policy. This may be the case even in situations where you were not driving your own car at the time of the accident. There are specific coverages available for injuries that apply regardless of whether your accident occurred in Ontario or within another province or state. Also, and often more significantly, many US states have lower requirements for insurance than Ontario. In these situations, the Ontario resident may need to bring a claim for under-insured motorist coverage in Ontario. These claims are unique insofar as the law of the United States will apply for some aspects of the claim, although the claim itself will need to be commenced in Ontario. Many US attorneys are not aware that the underinsured and first party claims must be brought in Ontario even when the accident occurs in the United States. There are also deadlines for advancing these claims and Ontario Statute of limitations are often shorter than similar limitation dates in the United States. Iacobelli Law Firm is experienced in cross border accident and injury claims. We regularly work with attorneys throughout the United States for both Canadians injured in the US and American citizens injured while visiting Canada. We are honored to have referrals from peers in Canada and the United States on cross border injury claims. Given our extensive experience with cross border claims, our lawyers have developed relationships with leading attorneys in most of the US states. Where necessary, we may be able to assist you in locating a suitable attorney in the United States for the portion of the claim that must be advanced in the United States. Lawyer Andrew Iacobelli is a citizen of both Canada and the United States and he has resided and practiced law in both countries. Andrew is licensed in Ontario as well in the states of Michigan and Florida, and is the founder of Iacobelli Law Firm with offices in Ontario and Florida. To learn more about your rights or for a Free Consultation with absolutely no obligation call us any time at 1-866-234-6093 or complete our online contact form here. The holiday season is upon us, which is often filled with gatherings that involve the entire family. Some of your aging family members may be in nursing homes or have at-home caregivers and you depend on the medical and aid professionals to treat them with the love and respect that you do. Sadly, that’s not always the case. This is the time of year you see your family more often, which makes it the best time to look for signs of elder abuse or nursing home abuse and neglect. Signs of Elder Abuse and Neglect Unfortunately, some elders are subjected to one or more forms of abuse or neglect which can involve verbal, sexual, emotional, physical, financial, abandonment and caregiver neglect. Your loved one may be particularly at risk of harm and violence if he or she has cognitive impairment such as dementia. The most visible signs of abuse and neglect typically involve unexplained injuries, malnutrition, de-hydration and bed sores but there are other ways to find out if your family member is being hurt.
What Should I Do if I Suspect Elder Abuse? Start by doing extensive research into the nursing home and visit more often. If theft is involved, you need to call the police. Otherwise, report it to the Ministry of Health and Long Term Care. If it is an urgent complaint, you can report it immediately by calling the Long-term Home Care ACTION Line: toll-free 1-866-434-0144. If you suspect your loved one is being harmed, have a conversation with your family member about your concerns for their safety and what is happening when you are not around. You may not want to believe an attendant, aid or other professional could be capable of abusing your loved one or you may even think that your loved one would be angry at you for speaking up. But the earlier you intervene in a situation of elder abuse, the better the outcome will be for everyone involved. Elder abuse and nursing home negligence are things that no family wants to think about but should be taken seriously. The holidays are typically spent with family and you are probably going to visit or see your loved one more than you do the rest of the year. Remember to look out for the signs of abuse while you celebrate the holidays and take action if you have good reason to suspect neglect. Our Personal Injury Lawyers at Iacobelli Law Firm are familiar with the laws protecting nursing home residents and if you suspect your loved one is being mistreated and/or injured at their nursing home facility, we 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. 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. 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. |
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