Ontario Snowbirds may be much better off bringing their Ontario vehicle back and forth to Florida rather than purchasing or registering a vehicle in the United States. The convenience of a Florida registered vehicle, could leave you with a major gap in your insurance coverage. Each year, thousands of Canadians from Ontario, affectionately known as "Snowbirds," migrate south to Florida to escape the harsh winter months. While the allure of sunny skies and warm beaches is undeniable, Snowbirds looking to purchase a vehicle in Florida should proceed with caution. The main concern lies in the potentially limited protection under their Ontario auto insurance policy, particularly when it comes to the family protection coverage against inadequately insured motorists. Understanding Family Protection Coverage In Ontario, most auto insurance policies include family protection coverage. This coverage is designed to provide additional protection in the event you or a family member are involved in an accident with a driver who has insufficient insurance to cover the damages. Essentially, it bridges the gap between the at-fault driver's coverage and your own, offering peace of mind and additional financial security. The Florida Complication The warm embrace of the Floridian sun comes with its share of complications regarding auto insurance. Florida drivers tend to have far less liability insurance than Canadian vehicles. It's actually not that uncommon for a Florida vehicle to have zero coverage for third party liability. That means, if a Canadian is injured in a crash caused by a Florida driver, there is a significant risk that the at-fault party will not have enough insurance to cover the loss. A serious injury in an auto crash in Florida can result in hundreds of thousands of dollars in medical bills, in addition to pain and suffering. For Ontario residents, the good news is, that they usually enjoy protection from their auto insurance policy in Ontario. This coverage, known as the Family Protection Coverage, protects Ontario residents injured anywhere in the United States from an inadequately insured driver. What Happens When an Ontario Driver Has a Florida Vehicle Insured in Florida? When purchasing a vehicle in Florida, Ontario Snowbirds might find themselves in a tricky situation if involved in a crash with an inadequately insured vehicle. The reason? Your Ontario-based family protection coverage might not extend to vehicles registered outside of Canada, such as a car you buy and insure in Florida. Potential Gaps in Coverage The primary concern for Snowbirds should be the potential gaps in coverage. If your newly purchased Floridian vehicle is involved in an accident with an inadequately insured motorist, you might find yourself without the comprehensive safety net provided by your Ontario policy's family protection coverage. This can lead to significant out-of-pocket expenses, especially considering the potential for high medical costs in the United States. Let's review why the Ontario Family Protection coverage might not apply. The Family Protection coverage primarily protects the named insured (the person who holds the policy), their spouse, and any dependent relatives. A dependent relative could be someone under 18, over 18 but incapacitated, over 18 and in full-time education, or a relative mainly supported financially by the named insured or their spouse. If the named insured is a corporation, association, partnership, sole proprietorship, or similar, officers, employees, or partners who regularly use the described automobile are covered, along with their spouses and dependent relatives. The coverage does not apply if the insured person owns or leases the other vehicle for more than 30 days unless there is family protection coverage in force on that other vehicle. This is particularly relevant to the example of driving another vehicle that one owns, such as a Florida registered vehicle. If an individual drives another vehicle they own, they would only be considered an "insured person" under this specific coverage if the family protection coverage also applies to that other vehicle. Let's Consider an Example: Imagine John is a Canadian Snowbird from Ontario. John has two cars. One is insured under a Ontario auto insurance policy with family protection coverage (Car A), and the other (Car B) is registered an insured in Florida. If John is driving Car B and is involved in an accident with an inadequately insured motorist, he might not be covered under the family protection coverage of Car A’s policy unless he has specifically included family protection coverage for Car B as well. What Can Snowbirds Do? If you are considering registering a vehicle in Florida, be careful. Compare insurance prices, particularly with respect to Underinsured Motorist Coverage. You can and should purchase Underinsured motorist coverage for any vehicle registered in Florida. The costs of such insurance is often very expensive in the United States due to the higher risk of encountering a Underinsured motorist claim. Otherwise, if may be wiser to transport your Ontario vehicle temporarily to the United States so that you have all the benefits of your Ontario auto insurance policy. Consider Additional Insurance: Travel and Health Insurance are essential if you are vacationing in the United States. A serious accident can result in significant medical expenses. Conclusion For Ontario Snowbirds, the dream of cruising down Florida's coastal highways in their own vehicle can quickly become complicated if the unexpected happens. While navigating the complexities of cross-border insurance coverage might seem daunting, taking proactive steps to understand and mitigate these risks is crucial. By doing so, you can ensure that your time in the sun remains carefree and protected, just as it should be. 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 often referred to as the Snowbird Attorney and is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".
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In a recent incident at Little Norway Park near Lake Shore Boulevard West and Bathurst Street, Toronto, a peaceful morning turned traumatic for a family and their community. A child, merely nine years old, suffered serious injuries after being attacked by an off-leash dog in the waterfront playground area. This event not only highlights the unpredictable nature of animals but also underscores the importance of responsible pet ownership and the legal consequences that can follow such incidents. The woman responsible for the dog, Patrycja Siarek, 38, has been charged with criminal negligence causing bodily harm, failing to muzzle a dangerous dog, and allowing a dog to run at large under the municipal code, along with two additional charges under the Dog Owner's Liability Act. These charges reflect the serious view that the law takes on incidents where negligence leads to harm to others, especially in public spaces. The Legal Framework Surrounding Dog Attacks The incident brings to light several legal considerations that are pertinent to personal injury law, especially concerning dog attacks. The Dog Owners' Liability Act (DOLA) in Ontario holds dog owners strictly liable for damages caused by their dogs to people or property. Under DOLA, the victim of a dog attack does not need to prove that the dog owner was negligent or that the dog had a history of violence. The mere fact that the dog caused harm can be sufficient for a claim. Moreover, the charges of criminal negligence and failure to muzzle a dangerous dog highlight the broader responsibilities dog owners have towards the public. These responsibilities are not only common sense but are enshrined in law to ensure public safety and accountability. The Role of Personal Injury Lawyers For victims of dog attacks, navigating the aftermath can be daunting. It involves medical, legal, and sometimes, emotional challenges. Here is where personal injury lawyers play a critical role. They provide essential support to victims and their families, helping them understand their rights and the legal avenues available for seeking justice and compensation. Personal injury lawyers can guide victims through the process of filing a claim under DOLA, negotiating with insurance companies, and if necessary, representing them in court. They work to ensure that victims receive compensation for medical expenses, psychological counselling, and, in cases of severe injuries, compensation for loss of quality of life. Conclusion The unfortunate incident at Little Norway Park serves as a somber reminder of the responsibilities that come with dog ownership and the potential legal repercussions when those responsibilities are not met. It also underscores the importance of public safety in communal spaces, where everyone should feel safe and protected. At Iacobelli Law Firm, we are committed to helping victims of dog attacks navigate the legal system to achieve the justice and compensation they deserve. Our experienced team understands the complexities of personal injury law and works tirelessly to advocate for the rights and well-being of our clients. If you or a loved one has been the victim of a dog attack, we encourage you to reach out to us for guidance and support. 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, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. In the aftermath of an accident, the concept of income loss can often seem straightforward. However, as injury lawyers Andrew Iacobelli and Colton Leung explain, the reality is much more nuanced. In a recent episode dedicated to this topic, they delve into the intricacies of income loss, providing valuable insights for those affected by accidents. Understanding Income Loss Colton Leung starts the discussion by challenging the common perception that income loss only affects those who are unable to work for extended periods. He clarifies that even if someone returns to work shortly after an accident, they might still experience income loss. Andrew Iacobelli adds that income loss doesn't necessarily imply a complete inability to work. The key takeaway is that individuals can have a valid claim for income loss even if they are working. Resolving Income Loss Cases One of the main challenges highlighted by Andrew is the time it takes to resolve income loss cases. This period can put significant financial stress on the affected individuals, pressing lawyers to expedite the resolution. However, rushing the process might not always be in the client's best interest, especially when it comes to maximizing recovery. Past and Future Income Loss Discussing the distinction between past and future income loss, Andrew notes that past income loss accounts for the earnings lost from the accident date to the case's conclusion. On the other hand, future income loss involves projecting the income that would have been made if the accident hadn't occurred. This projection might include considerations for work accommodations, modified duties, or even early retirement. Role of Experts When calculating future income loss, the employment of experts such as vocational experts and forensic accountants becomes crucial. These professionals help assess the individual's work capacity and calculate the present value of future losses, considering factors like inflation, promotions, and healthcare expenses. Dealing with Post-Accident Work Challenges Andrew and Colton also address the difficulties individuals face when returning to work post-accident. Issues like decreased efficiency, altered coworker relationships, and fear of job loss can all contribute to a sense of income loss, despite no apparent change in earnings. They emphasize the importance of communicating these challenges to doctors and, if possible, employers, to secure necessary accommodations. Proving Income Loss Proving income loss can be particularly challenging, especially for individuals with inconsistent work histories or those self-employed. Andrew and Colton discuss strategies for overcoming these hurdles, such as leveraging statements from employers, coworkers, and family members to provide a comprehensive picture of the individual's work situation before and after the accident. Other Claims and Final Thoughts The lawyers conclude by reminding listeners that even if there's no official income loss, individuals might still have claims for other damages, such as pain and suffering, future medical expenses, and out-of-pocket expenses. They encourage those affected by an accident or injury to seek legal advice to explore their options fully. Andrew Iacobelli and Colton Leung's discussion sheds light on the complex nature of income loss claims and underscores the importance of professional guidance in navigating these challenges. Their insights offer a valuable resource for anyone dealing with the repercussions of an accident, emphasizing the nuanced understanding required to advocate effectively for clients' rights and well-being. 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, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. The New Horizon of Trauma Care: Southlake's Journey to Becoming a Level III Trauma Centre3/14/2024 In an exciting development for healthcare in Ontario, Southlake Regional Health Centre has been designated as a Level III Trauma Centre, marking a significant milestone in the provision of trauma care within the region and beyond. This new status not only underscores Southlake's commitment to life-saving interventions but also highlights the crucial role of integrated care systems in improving patient outcomes. For individuals and families navigating the aftermath of personal injuries, understanding the implications of this designation, especially in terms of legal support and advocacy, is paramount. At Iacobelli Law Firm, we stand ready to guide and assist trauma victims through their recovery and legal journey, ensuring they receive the compensation and justice they deserve.
A Closer Look at Southlake's Trauma Care Evolution Trauma, by definition, encompasses physical injuries that are sudden and severe, often requiring immediate and specialized medical interventions. As a Level III Trauma Centre, Southlake is equipped to handle medium acuity trauma cases, ranging from sports injuries and accidents to more severe incidents. The decision to identify Southlake and other hospitals as Level III Trauma Centres is an important step toward enhancing trauma care capacity across the province. It acknowledges the skilled multidisciplinary teams at these centers, capable of providing 24/7 emergency responses to trauma patients. With this designation, Southlake joins an elite network of hospitals, including Sunnybrook, University Health Toronto, and SickKids, fostering an environment of collaboration and knowledge sharing that is vital for advancing patient care. The Importance of Time and Specialized Care One of the critical advantages of Level III Trauma Centres is their ability to offer timely and specialized care that can significantly improve survival and recovery rates. Dr. Leeor Sommer, Trauma Medical Director at Southlake, emphasizes the importance of immediate access to trauma care, noting that data shows lower mortality rates in areas served by such facilities. This rapid response capability is crucial for addressing life-threatening injuries, controlling bleeding, stabilizing vital signs, and preventing further harm. Legal Advocacy in the Wake of Trauma The designation of Southlake as a Level III Trauma Centre is a beacon of hope for trauma victims, but the journey doesn't end with medical care. Navigating the legal landscape following a traumatic event can be overwhelming for victims and their families. This is where the expertise and dedication of Iacobelli Law Firm comes into play. Specializing in personal injury law, our firm is deeply committed to supporting trauma victims, ensuring they have the legal representation necessary to navigate the complexities of their case and obtain justice. Our team's understanding of the intricacies of trauma care, coupled with our proximity to Southlake and other trauma hospitals, positions us uniquely to provide compassionate and effective legal support. Whether it's negotiating with insurance companies or representing clients in court, our goal is to secure the best possible outcome for those we serve. Looking Ahead: Education and Community Outreach For trauma victims and their families, the road to recovery can be both a medical and legal journey. With Southlake's elevated status as a Level III Trauma Centre and the unwavering support of legal advocates like Iacobelli Law Firm, there is a clear path forward for victims. 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, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. Finding the Best Personal Injury Lawyer Today, I'm going to address a common question, which is how do you find the best person or injury lawyer in Toronto? The relationship that a client and lawyer develop in the context of an injury matter, in my view, is closer than most people become with their lawyer in the context of just about any other area of law. And here's why I say that, because if you have a significant injury, your lawyer has to get to know you very well. They need to understand who you were before this injury. They need to understand details about your family life, education, your hobbies and recreation, obviously your medical history, your financial history, and how the accident or injury has impacted your ability to earn money. Personal injury claims also tend to take a little bit more time from inception to conclusion. The Importance of Trust and Confidence in Your Lawyer Choosing the right personal injury lawyer has to involve choosing a lawyer that you trust, that you feel has your best interest in mind. Is this someone that you can work with over a long period of time and someone that you're comfortable opening up to? Because you have to share a lot of personal details about yourself. You also have to ensure that the lawyer is confident. So, for instance, somebody might have a commercial lawyer they work with, or a family lawyer they've worked with, and they're really comfortable with that lawyer, they've had years of dealing with that lawyer, but that lawyer is probably not the best professional to take on your personal injury case. Finding a Lawyer that Specializes in Personal Injury Law And that's because personal injury cases are typically a specialized area of law or an area of law that the lawyer focuses exclusively on. And that's because the law surrounding the rights and remedies of injury victims is extremely specific, changes quite a bit and sometimes often. And so you need a lawyer with experience that is working on these types of cases every day in order to be able to navigate the legal system and present your case as best they can within the law. So some of the things to look for is this an area of law that they regularly practice in? Car accident or slip and fall accident? Is this lawyer doing cases like yours on a regular basis? Also, an important consideration is whether the lawyer is part of any professional organizations specific to that area of law. Okay, so the lawyer's obviously licensed to practice law, but in addition to that, there are organizations and boards that deal specifically with personal injury matters. It would be important to see if your lawyer is a member of any of those organizations, both at the national and local level. So for myself who practices both in Florida, in the US, and also in Ontario, Canada, I'm a member of organizations at the national level like the American Association for Justice, the Florida Association for Justice, the Palm Beach County Justice Association. And then in Ontario, a similar organization, such as the Ontario Trial Lawyers Association. Recognitions and Achievements: Indicators of a Successful Lawyer In addition to that, has the lawyer been recognized by any organization for having achieved some success in the area of law that you're interested in hiring this lawyer for? As an example there's an organization called the Million Dollar Advocates Forum. There's a very small percentage of lawyers that gain admission to that organization. They have to demonstrate that they've achieved results of at least a million dollars on a single case. So that's something you can look at too to kind of measure the success your lawyer has had on cases similar to yours. The Power of Testimonials and Client Reviews In this day and age, a person's track record is public, it's on the internet. It's important, I think, to read testimonials from former clients. Don't just look at the rating, but actually read what the clients are saying about their lawyer. Usually those are personal reviews, so I'd look at those. If you meet with the lawyer and you want to speak to a former client, you can always ask the lawyer. Is there a former client or former clients that you can give me their contact information? Sometimes that's difficult because of client confidentiality. Lawyers can't just give out names and telephone numbers of former clients. There may be former clients that have already agreed with the lawyer that they're willing to do that on their behalf. Understanding the Costs and Fees of Hiring a Lawyer You also want to look at what it's going to cost you to hire a personal lawyer. Is it a contingency fee agreement? We do have other videos going into a lot of detail on the contingency fee agreement, but what I will mention is that's an agreement that allows you to hire a lawyer and not pay up front and in fact not have to pay unless and until your lawyer obtains a resolution for you. Okay, and it would be based on a percentage of the ultimate outcome of your case. Also, find out if the lawyer is willing to advance the expenses of the case for you. That's something separate from their lawyer's fees. Litigation can be expensive. There are filing fees. There are process server fees, court reporter fees, expert witness fees. There are all kinds of fees associated with medical records and other documents. Is your lawyer willing to advance those costs on your behalf? Do they have the resources to advance those costs and fight the insurance company, even if the case is going to take a long time to resolve? The Importance of a Lawyer's Trial Experience You should also find out, is your lawyer willing to go to trial? Has your lawyer taken cases like yours to trial? Insurance companies pay attention to that detail. They know which lawyers go to trial and which ones do not. The amount paid for a case. will depend largely on whether or not that lawyer or that law firm takes cases like yours to trial. Lots of lawyers claim to be trial lawyers. It's a relatively small percentage of lawyers that actually take cases to trial. So find out if the lawyer you're interested in hiring. has actually been to trial and is willing to take a case like yours to trial if necessary. Taking Advantage of Free Consultations It's also important to keep in mind that most reputable personal injury lawyers in Toronto will offer a free consultation. Take advantage of that and when you do have a free consultation, it's important to note communications between you and a lawyer, even if you haven't hired them yet, are completely confidential. And that's confidential by law, not just because lawyers will keep your information in confidence, but also the law protects communications between members of the public and members of the bar or lawyers. That's called the lawyer client privilege, and that simply means that any communications by and between you and a lawyer are privileged, unless you waive that privilege. The Role of the Lawyer's Team in Your Case Another important consideration is the team that the lawyer surrounds themselves with. Lawyers, particularly personal injury lawyers, that are litigators, trial lawyers, spend a lot of time in the courtroom or at hearings, in depositions, interviewing witnesses, etc. So unlike transactional lawyers. Personal injury lawyers don't have the luxury of a lot of time behind their desk. During the pendency of the case, there'll be a lot of communications between you and the lawyer's team. So you also want to ensure that you can get along with the other people in that firm. Are they courteous? Are they responsive to your inquiries? If you meet with the lawyer alone, you can ask those questions. Who else is going to be working with you and me on my claim? Does that include a paralegal? Is it a law clerk? What's their training and experience? The Lawyer's Role in Your Recovery Process & Treatment Team Also a good lawyer, the best lawyer for you might be one that also helps you on your road to recovery, not just with the legal aspects of your case, but also giving you some Introductions to other healthcare people that might be able to help with your recovery. Does your lawyer work with top orthopedic surgeons or psychologists or occupational therapists or whatever it might be? That should give you some confidence that your lawyer will also be able to assemble an excellent treatment team for you. The Balance Between Speed and Maximizing Claim Value Although personal injury claims can take a long time, a good personal injury lawyer is going to want to push the claim. But they also have to have the staying power, the resilience to stay in it as long as necessary to get you a fair and maximal recovery for your injury. It's an interesting dynamic. You want a lawyer that can push a claim quickly, but you also want a lawyer that's not their only interest because that could result in less money and sometimes a lot less money for your claim. So you want a lawyer that While they're cognizant of your interest in getting a resolution, but not at the expense of maximizing the value of your claim. So a lawyer can also gauge when it's necessary to keep marching, keep heading towards trial and in some situations, take it all the way through to the conclusion of trial where necessary. Have Questions? Contact Us Today! So I hope these tips help you when you're considering the best personal injury lawyer in Toronto. We're happy to talk to you. If you have questions, feel free to reach out to us. Thanks again for watching. 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, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. |
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