In our recent YouTube video and Podcast, we interview Dr. Jeremy Frank, a clinical and rehabilitation psychologist based in Ontario.  This is a really interesting interview, where personal injury lawyer, Andrew Iacobelli, asks the questions you want answered.  For instance, what does psychologist do? How do you know if you can benefit from a psychologist after an accident?  In this informative podcast, Andrew Iacobelli and Dr. Jeremy Frank discuss the role of a psychologist in connection with a personal injury case.  Dr. Frank shares how a psychological assessment can help determine the severity of the injury including any long term effects it may have on a person's mental health and well being and the important role of a psychologist in the recovery process following an accident.

Check out the YouTube video with Dr. Jeremy Frank here, or listen to the Iacobelli Law Firm Podcast on all major streaming services, such as Apple and Spotify. 

Our Ontario personal injury law firm represents clients throughout the province of Ontario for almost every type of personal injury matter.  In our experience, the most common type of personal injury claim is a motor vehicle accident (MVA) claim. MVAs are a common cause of injury and death, and they often result in significant property damage and medical expenses. Personal injury claims arising from MVAs can include claims for compensation for medical expenses, lost income, and other damages.

Other common types of personal injury claims in Canada include slips, trips, and falls, workplace accidents, and product liability claims. These types of claims can arise from a variety of situations, including poorly maintained premises, dangerous or defective products, and accidents that occur in the workplace.

Car accident claims, while still the most common type of personal injury case, are on a downward trend.  With improvements in vehicle safety, the number of serious injury and fatal accident cases has been steadily declining.  We predict that cars will become much safer over the next decade, resulting in a major reduction in the number of personal injury matters caused by MVAs.

Choosing the right personal injury lawyer in Ontario is an important decision, as it can make a big difference in the outcome of your case. A good personal injury lawyer can help you get the compensation you deserve, while the wrong choice could end up costing you time, money, and stress. Here are some factors to consider when choosing a personal injury lawyer to help you get the best representation possible.

Experience in Handling Cases Similar to Yours
One of the most important factors to consider when choosing a personal injury lawyer is experience. Look for a lawyer who has handled cases similar to yours and has a track record of success. A personal injury lawyer who has experience with the type of injury you sustained, the circumstances of your accident, and the laws that apply to your case will have a good understanding of how to best approach your case and what you can expect from the legal process.

Effective Communication Skills
Another important factor to consider is communication. You need a personal injury lawyer who is a good communicator, and who will keep you informed about the progress of your case. Make sure that you choose a lawyer who is easy to reach and who will respond to your calls and emails in a timely manner.

Strong Reputation
The reputation of a personal injury lawyer is another important factor to consider when choosing a lawyer. Research the lawyer you are considering, and look for information about their reputation in the legal community. Read online reviews, ask for recommendations from friends and family, and consult with other lawyers in the area. A strong reputation is a sign that the lawyer has a history of providing high-quality representation to their clients.

Contingency Fees
Many personal injury lawyers work on a contingency fee basis, meaning that they only get paid if they win your case. This is a good option if you do not have the financial resources to pay for a lawyer upfront. With a contingency fee arrangement, you can get the legal representation you need without having to worry about the expenses while the case is progressing

Free Consultation
Most personal injury lawyers offer a free initial consultation, which is a good opportunity for you to discuss your case and ask questions about the lawyer's experience and approach. This will also give you a chance to get a feel for the lawyer's personality and see if you feel comfortable working with them.

In summary, choosing the right personal injury lawyer is an important decision that can impact the outcome of your case. By considering these factors, you can find a personal injury lawyer who will provide you with the high-quality representation you need to get the compensation you deserve. If you are looking for a personal injury lawyer in Ontario or Florida, look no further than Iacobelli Law Firm. Our experienced and compassionate team of lawyers is dedicated to helping injury victims get the compensation they deserve, and we have a track record of success in handling personal injury cases.  Contact us today to schedule a free consultation.

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 in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".  For Canadians who have been injured while visiting the United States, Andrew is an invaluable resource. He has a thorough understanding of both Canadian and American law and is able to provide guidance and representation.

If you have been denied a long term disability (LTD) claim in Ontario, Canada, it is important to understand your legal rights and the amount of time you have to bring a lawsuit. The time limit, or statute of limitations, for bringing a lawsuit for a denied LTD claim in Ontario is typically two years from the date of the denial. However, it is important to note that there are exceptions to this general rule, and in some cases, the time limit may be shorter or longer.

It is important to act promptly if you have been denied an LTD claim, as the longer you wait, the harder it may be to build a strong case and gather the evidence you need to support your claim. In addition, you may lose the right to bring a lawsuit if you wait too long.

If you have been denied an LTD claim, it is important to speak with an experienced LTD denial lawyer who can help you understand your legal rights and options. A skilled LTD denial lawyer can help you determine whether you have a valid claim, gather the evidence you need to support your claim, and negotiate with the insurance company or file a lawsuit on your behalf.

In general, it is best to speak with an LTD denial lawyer as soon as possible after you have received a denial letter from the insurance company. An experienced LTD denial lawyer can help you understand the time limits for bringing a lawsuit, as well as the strengths and weaknesses of your case and the best strategies for achieving a favorable outcome. With the help of a qualified LTD denial lawyer, you can increase your chances of getting the compensation you deserve for your disabilities.

To request your Free Consultation call us anytime day or night at 866-234-6093 or complete our online contact form.  

When dealing with a catastrophic injury, it is essential to have an experienced personal injury lawyer on your side to help you navigate the complex legal process and ensure that you receive the compensation you deserve.

Here are some important reasons why it is important to hire a personal injury lawyer after a catastrophic injury:

1. Knowledge and Expertise: Personal injury lawyers are experts in the field of personal injury law. They have extensive knowledge of the legal system, including the laws and regulations that apply to your specific case. They understand the ins and outs of the legal process, including how to negotiate with insurance companies, gather and present evidence, and represent your interests in court.
2. Navigating Insurance Claims: Insurance companies are often more concerned with protecting their bottom line than compensating injury victims. A personal injury lawyer can negotiate with insurance companies on your behalf, ensuring that you receive the full compensation you are entitled to. They can also help you navigate the complex claims process and ensure that your rights are protected.
3. Gathering Evidence: Building a strong case for compensation requires evidence. Personal injury lawyers have the resources and expertise to gather and present the evidence necessary to support your claim. This includes medical records, witness statements, and other types of documentation. They can also retain expert witnesses to help strengthen your case.
4. Representation in Court: In some cases, insurance companies may not offer a fair settlement, and it may be necessary to take your case to court. A personal injury lawyer can represent you in court and fight for your rights. They have the experience and knowledge necessary to build a strong case and achieve the best possible outcome.
5. Understanding the Legal Process: The legal process can be confusing and intimidating. A personal injury lawyer can explain the different stages of the legal process and help you understand what to expect. They can also keep you informed of any developments in your case and provide you with guidance and support throughout the entire process.

Hiring a personal injury lawyer after a catastrophic injury is essential to ensure that your rights are protected and that you receive the compensation you deserve. Personal injury lawyers have the expertise, experience, and resources necessary to navigate the complex legal process and achieve the best possible outcome for your case. If you or a loved one has suffered a catastrophic injury, don't hesitate to contact our personal injury lawyers today for a Free Consultation. 

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 in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". ​

Canadians traveling to the United States for work or leisure have a right to be protected in the event of a car accident, even if the driver who caused the accident does not have insurance. This protection is provided through a type of insurance coverage known as underinsured motorist coverage, which is available to Canadians through their Ontario, Canada insurance policy.

If you are a Canadian who has been injured in a car accident in Florida, you may be entitled to make a claim under your Ontario insurance policy for underinsured motorist coverage. This coverage is designed to protect you in the event that the driver who caused the accident does not have insurance or does not have enough insurance to cover the damages you have suffered.

In order to make a successful claim for underinsured motorist coverage, it is important to understand the legal process and to work with an experienced personal injury attorney who has a deep understanding of both Canadian and American law. An experienced cross-border injury lawyer can help you navigate the complex and often confusing legal system, negotiate with insurance companies, and represent you in court if necessary.

Underinsured motorist coverage is an important resource for Canadians who are injured in car accidents in the United States, as it provides compensation for damages such as medical expenses, lost wages, and pain and suffering. With the help of a qualified personal injury lawyer, you can ensure that your rights are protected and that you receive the compensation you deserve for your injuries.

In addition to underinsured motorist coverage, there may be other types of insurance coverage available to Canadians who are injured in car accidents in the United States. An experienced personal injury lawyer can help you determine what insurance coverage is available to you and help you make a claim for the damages you have suffered.

If you are a Canadian who has been injured in a car accident in Florida, do not hesitate to reach out to our team of experienced personal injury lawyers for help. With the right representation, you can ensure that your rights are protected and that you receive the compensation you deserve for your injuries.

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 in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".  For Canadians who have been injured while visiting the United States, Andrew is an invaluable resource. He has a thorough understanding of both Canadian and American law and is able to provide guidance and representation.

Wrongful death damages are financial compensation awarded to the surviving family members of a person who has died due to the negligence or wrongful act of another person. In Ontario, Canada, the value of wrongful death damages is determined by a number of factors, including the loss of financial support, the loss of care, guidance, and companionship, and other expenses incurred as a result of the death.

Financial Support:
The value of financial support is determined by considering the deceased person's net income, the age at which they would have retired, and the number of years they were expected to continue working. This amount is then adjusted for inflation and calculated to determine the present value of the lost income. The calculation takes into account the deceased person's salary, benefits, and other sources of income, as well as any deductions for taxes, CPP, and EI.

Loss of Care, Guidance, and Companionship:
The value of the loss of care, guidance, and companionship is subjective and is determined by considering the relationship between the deceased and the surviving family members. Factors that are taken into account include the quality and nature of the relationship, the length of time that the relationship existed, and the impact of the death on the surviving family members.

Other Expenses:
In addition to the loss of financial support and the loss of care, guidance, and companionship, there are other expenses that may be recovered as a result of a wrongful death. These may include funeral expenses, medical expenses incurred before the death, and other out-of-pocket expenses related to the death.

Conclusion:
In Ontario, Canada, the value of wrongful death damages is determined by considering a number of factors, including the loss of financial support, the loss of care, guidance, and companionship, and other expenses incurred as a result of the death. It is important to consider all relevant factors when determining the value of wrongful death damages, and to consult with an experienced wrongful death lawyer to ensure that all damages are properly calculated and claimed.  

Our phone lines are open to you 24 hours a day 7 days a week.  Call us now at 866-234-6093 to request your FREE Consultation.

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 in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". ​

In our recent YouTube video and Podcast, we discuss Ontario long-term disability claims and what your rights are if your Ontario Insurance Company has denied your application for long-term disability benefits.

We hope you enjoy this episode and find it informative.  As always, if you a question about your own situation, call us day or night for a Free Consultation.  

What are Ontario Long Term Disability Claims?

Andrew: So Ontario long-term disability claims, why don't you talk to us a little bit about what those are and how we get involved in those kinds of cases?

Colton: Whenever you are involved in an accident, let's say a motor vehicle accident or a slip and fall injury, and you have long-term disability through work or through another insurance company. You're able to apply to these long-term disability benefits and you get compensated for your time that you miss off of work for that specific injury.

Andrew: Client comes to us specifically for a long-term disability claim that's been denied.

Colton: Mm-hmm.

Andrew: Another scenario would be where we're representing the person in connection with another injury, whether it's from a car accident, slip and fall, or a defective product or whatever it might be. And then it just evolves that they're unable to return to work for an extended period of time. And then an application has to be made for long-term disability as long as the carrier of the insurance companies pays those benefits. Our role is really just to support it . 

What happens when the insurance company determines a person is no longer eligible for long term disability?

Andrew: So what happens though if the insurance company's been paying it for six months or eight months or maybe more, and then they either get the person assessed or they get some new medical records and they make a determination the person's no longer eligible?

Colton: We are able to assist in trying to reverse that denial. So we basically, we advocate on your behalf. We obtain clinical notes and records. You know, we might get some expert reports to show the insurance company and to prove to them that you are disabled from working, you know, your employment or any other employment.
And we're gonna get to that a bit later just because the test does change, you know, usually after the two year mark. But we try to advocate on your behalf to have ongoing entitlement of benefits or in the alternative long-term disability carriers they much rather prefer to, you know, resolve the claim in its entirety and pay you for five years down the road in total or whatever the time frame is. 

Andrew: Unlike other areas of law that we practice, long-term disability is, although they're, they're similar oftentimes each one is different. They have different tests, different languages, different quantum, some are taxable benefits, some are non-taxable. So it's really important for us to get a hold of the contract itself and read the language. And then kind of strategize what's the best avenue to prove this case. Right? Because at the end of the day. We're trying to prove that the insurance company is in breach of the policy or in breach of the contract.

What are the tests or requirements to be eligible for long term disability claims?

Andrew: What are some of the tests that you typically see in long-term disability to be eligible? 

Colton: Within, let's say the first two years or 104 weeks. The test is you are considered to be disabled if you are completely unable to return back to your own form of employment. 
So for example, let's say your employment at the time of the accident or at the time of your disability or injury, is a nurse, right? So the test is that you can't go back to working as a nurse within the first two. 
The test changes to not being able to go back to any form of employment of which you are suitable by way of training, employment, education, et cetera. 

Andrew: Generally, the test is less restrictive in the first two years and after the two years it becomes more restrictive, harder to meet that test.

How does retirement affect long term disability benefits?

Andrew: I think I would also say there's things that people could do that would terminate your benefits sooner. Right? So it will, oftentimes these policies are written till age 65 or retirement, whichever is sooner. So sometimes people might make the mistake of retiring. Maybe they're near retirement, they're fighting with their disability carrier not paying, and then they say, well, maybe I can get a pension. Maybe I'll quit this job, or something else. 

Colton: Or severance package or something. 

Andrew: Right? But those steps could actually undermine your claim. Could actually eliminate your claim for future benefits. If you are thinking of making a decision like that to quit or to retire early and you have access to a disability plan, even though it's been denied. Speak to a lawyer first because you might be giving up a lot of money.
And then I think it's also important to stress that all of these contracts are different. So while we're talking about what we generally see or oftentimes see. It's really important that we look at the contract and see what the specific terms of that policy are.

How to get your long term disability benefits restored if they have been denied

Andrew: In most cases, do you have to file a lawsuit to get them to restore the benefits?

Colton: Yes. 99% of the time we do have to issue this statement of claim, or in other words, file a lawsuit, before the insurance company gets in touch with us. And then we try to you know, explain to 'em the situation, provide them with documentation, medical documentation. You know, if they're of the opinion that you're still not disabled, then we proceed to litigation and go through the normal recourse and normal steps of pushing it forward in the litigation realm.

Long term disability claims in connection with personal injury claims

Andrew: Now what happens if the long-term disability claim is connected to another injury? So here's an example. 
A client comes in, they were in a serious car accident. In the beginning they're off work, they're on short-term disability, they use up all of their sick time. And then as time goes on, unfortunately they are unable to return to work and so they also commence a claim for long-term disability.
We have this claim going on to recover money because they were injured in a car accident, but now you also have concurrently another claim going on for long-term disability. 

Colton: Most of the time the insurance company or the lawyer for the motor vehicle accident claim would also want to know what's happening with the long-term disability claim. Just because they do go hand in hand. Let's say long-term disability indicates that you are still unable to return back to work and you're deemed disabled. Actually helps because it actually shows this individual is unable to return back to work because of the motor vehicle accident. 

Andrew: The acceptance of long-term disability or the success of that claim can lend itself to more success in the other claim.

Colton: Mm-hmm.

Double Recovery and Long term Disability Claims

Andrew: But what about double recovery? Talk a little bit about set offs and how those two relate to the recovery. 

Colton: So generally speaking, if you do recover let's say future income loss or pass income loss from your long-term disability claim. The motor vehicle accident claim they're allowed a set off for whatever the long-term disability carrier paid you. Because you can't recover the same amount of money from both sides. Even if there is, you know, a setoff. Nonetheless, it does help with the motor vehicle accident claim in itself because it does make it stronger. 

Andrew: And also if there is no dispute with the long-term disability carrier and you settle with the at-fault party on whether it's a car accident or a slip and fall or something else. You're not paying fees on that amount of money that's being paid by the long-term disability carrier on an ongoing basis.
So for instance, as your lawyers we would charge you fees for the work we do in settling let's say the car accident case. But if the long-term disability has accepted you as disabled and is continuing to make those interim payments to you, we're not charging you anything on that. 

Colton: Mm-hmm. 

Andrew: So the client gets that money without paying a lawyer. The only time we would collect a fee on that is if it got into litigation. If we had to resolve the case or file a lawsuit or, or something of that nature. 

Time limitations for filing a lawsuit if your long term disability claim has been denied

Colton: It's also important to note that whenever there is a denial from a long-term disability carrier, they would send you a denial email or denial letter listing their reasons for your denial and the date that it's denied on. And this date is very important because there are time limitations and due dates for us to commence a lawsuit within a specified period of time. 

Andrew: Fatal mistake is, sometimes where a client tries to deal with it on their own and get some supplemental records. And in the meantime, precious time is going by and sometimes if you get to a lawyer late, even if the hard deadline hasn't expired, a lot of lawyers just won't take that case because they don't want the risk of taking on a case without ample period of time to properly investigate it and obtain all the information necessary to file a lawsuit.
I think that's a really important point. Do not delay. Get a consultation with an experienced lawyer soon.

What are the reasons you may be denied long term disability?

Andrew: So some of the reasons that we see where people have been denied long-term disability. From my perspective, very often it's because of a lack of just medical support. 

Colton: Lack of following doctor's advice for treatment. Because an insurance company, they're of the opinion that if an individual isn't continuing on with their treatment or on doctor's advice. They're not really as injured as they are, or they're not disabled because they're not seeking medical treatment that was referred to them, or recommended to them by their treating family doctor.

Andrew: To an insurance company, that's an opportunity because now you don't have treating doctors to say you have this ongoing injury or disability. So the insurance company will use that as an opportunity to kind of supplement with their own opinions. 

Protect Your Rights: Bringing a claim against an insurance company

Andrew: The topic of long-term disability is really specific to your particular policy of insurance. And so it's important if you've been denied or your claim is being delayed or the insurance company's questioning whether to continue paying you or proposing changes to your benefits to seek the advice of a lawyer. Just sit down with a lawyer, have them review your policy. Get advice so you can make an informed decision. And most importantly, protect your rights in the event you have to bring a claim against that insurance company.

Have Questions? Contact us today!

Colton: If you have any questions, please don't hesitate to reach out to us at any time. Our contact information is listed below.

​Iacobelli Law Firm realizes how difficult and life-changing it can be for your family when you are disabled from working.  We are a dedicated Ontario Personal Injury Law Firm that provides compassionate and competent legal counsel for the injured throughout Ontario and we offer a FREE Consultation so please feel free to call us at 1-866- 234-6093. We are available to take your call 24/7 and 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 and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".