Why Canada’s Cap on Pain and Suffering Damages Is Unfair — And Why It Needs to Be Reversed4/12/2025 In Canada, victims of catastrophic injury are being shortchanged by a law that was never fair to begin with. The so-called "cap" on non-pecuniary damages — which limits compensation for pain and suffering — is a symbol of injustice in our legal system. Introduced by the Supreme Court of Canada in 1978, the cap was intended to serve as a ceiling on awards for general damages. But decades later, it's become a cruel barrier that punishes the most seriously injured while rewarding insurers.
The original trilogy of cases that created the cap — Andrews v. Grand & Toy, Thornton v. School District No. 57, and Teno v. Arnold — was decided in a very different time. The rationale then was that pain and suffering is not easily quantifiable, and that excessive awards could burden society. The Court arbitrarily imposed a limit of $100,000. That might sound like a significant sum — until you compare it to the physical and emotional devastation of a catastrophic injury. The cap applies equally to everyone — regardless of the severity of their injury. Someone who suffers a broken arm may be compensated up to the same limit as someone who is rendered quadriplegic for life. How is that fair? This is not just bad law — it’s bad policy. The cap disproportionately harms those who need the most help, and it creates an arbitrary ceiling on human suffering. It also undermines the credibility of our justice system. Jurors and judges may want to award more — because they understand the depth of a person’s loss — but their hands are tied by outdated precedent. Meanwhile, insurance companies benefit enormously. The cap was sold as a measure to protect the public from skyrocketing premiums. But has it really? Insurers continue to post record profits while injured Canadians are told their pain isn’t worth more than a pre-set number. It’s time to end this injustice. We need to revisit the cap with modern eyes — and acknowledge that no law should place a fixed price on human suffering. It’s not just outdated; it’s fundamentally unfair. The law can change — but only if we speak up. As personal injury lawyers, we see the devastating impact of this cap every day. It’s time for lawmakers, the legal community, and the public to demand reform. Real justice requires recognizing the full extent of a person’s loss. 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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Sharing Insights on Snowbirds Expat Radio: Navigating Legal Issues for Canadians Injured in the U.S.4/12/2025 I recently had the pleasure of joining Gerry Scott on his informative podcast and YouTube channel, Snowbirds Expat Radio. It was a fantastic opportunity to discuss a topic vital for many Canadians who travel south: understanding their legal rights and insurance when involved in an accident in the United States.
The episode, titled "What would you do if you got into an accident while driving in the U.S.? Would your Canadian insurance cover you? Do you know your legal rights?", delved into the complexities that Canadians can face when dealing with legal issues across the border. We explored the key differences between the Canadian and American legal systems, how insurance policies operate internationally, and some of the most common pitfalls Canadians encounter after an accident in the U.S. We touched on crucial aspects such as the significant differences in damage awards, the unexpected insurance complications that can arise when renting a car, the implications of British Columbia's no-fault insurance for travelers, and the critical importance of underinsured motorist coverage. We also discussed the role of travel health insurance and the unique function of public adjusters in U.S. property damage claims. It was a privilege to share some expert advice and hopefully shed light on these important considerations for Canadians traveling to the United States. Understanding your rights and insurance coverage before an incident occurs can make a significant difference in the aftermath. I want to extend my sincere gratitude to Gerry Scott for hosting me on Snowbirds Expat Radio. It’s a valuable resource for Canadians, and I appreciate the platform to connect with this audience. If you're planning a trip to the U.S. or simply want to be informed, I encourage you to listen to the podcast or watch the video. Knowing your legal rights is a crucial part of traveling prepared. I hope this discussion provides some valuable insights for Canadians venturing south. 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. Andrew: Thanks for joining us. Welcome Teresa. Teresa Park's, a lawyer with our firm. Today we're gonna talk about some of her practice.
Teresa: Hi there, my name is Teresa. I specialize both in personal injury as well as employment law. Understanding Employment Law Andrew: Employment law is a broad category. Why don't you share with us specifically what you do in employment law? Teresa: Absolutely. I mean there realistically is two sides to employment law. You can represent the employer as well as the employee, and my focus is solely on the employees. Andrew: And what types of cases do you take on behalf of employees? Wrongful Termination Explained Teresa: A large portion of my files are in wrongful dismissal and constructive dismissal. So anyone who was terminated with or without just cause. We try to get the best results for them. Andrew: So it's mostly like wrongful termination. Teresa: Exactly, yes. So anybody who has been terminated let go or put on any type of leave really, or people that I represent. Human Rights Violations in the Workplace Andrew: Another phrase I hear in employment law is human rights violations and things like that. Is that part of wrongful termination? Or is that a different category altogether? Teresa: Yeah, absolutely it could be involved in the wrongful termination. So I see a lot of clients that come to us where the employer has been really egregious in the matter. They'll either fire them without any severance, without any real acknowledgement of what they've done, or they will fire them after they've actually done something egregious in order to bury what they've done. So in terms of that, we can go to the tribunal and bring action forward as well. Andrew: Okay. And tell me a little bit about what would be a typical human rights violation. What kinds of things are we talking about? Teresa: I see a lot of files with sexual harassment, any kind of bullying and, just destructive behavior where a person would just feel very insecure, anxious to go back to work that can cause things like depression and someone to quit because they can't handle the harassment. Andrew: What about discrimination? Is that part of that too? Teresa: Discrimination is a part of it and we see it unfortunately quite often, but sexual harassment is pretty top on the list. Andrew: Alright. Discrimination ones, would that include age and gender and religion and the typical things we think about? Teresa: Yes, and it can be actually as subtle as emails or text messages regarding someone's race or sexuality or anything about their looks. It really is a quite exhaustive list of the ways that people can be harassed at work and discriminated against. Andrew: So you mentioned you represent the employees? Teresa: Yes. Andrew: That has been either terminated or discriminated against in their workplace. I have a couple of questions from that. So who's the defendant that the claim is being brought against? A follow-up to that is, what's the goal in these employment cases? What are you trying to obtain for your clients? Teresa: Great questions. Severance and Compensation Teresa: What people don't know actually is if you are unionized, you have both an action against the employers themselves as well as the union. So there are completely separate actions and you would be able to get damages from both streams. Andrew: When you say damages, you mean money. Teresa: Exactly. Okay. Andrew: Money. How do you determine how much money a person's entitled to in an employment type case? Teresa: That's where it gets a bit more complex. So under the ESA, which is the Employment Standards Act of Ontario, you are entitled to a certain amount, depending on how long you were at the firm, whatever egregious matter may have happened. However, what a lot of people don't realize, and this is where lawyers become really important, is that you also have a common law claim. You can't claim both at the same time, but the rules of the common law actually allow you to get quite a significant amount, more of severance. Again, depending on how long you were at the firm, the amount that you were making, and again, on top of that, you can have a union action if you are part of a union. The Importance of Legal Consultation Andrew: Okay. And what if somebody feels like they were wrongfully terminated, but the employers offered them money at that point should they accept the money or would you recommend always speak to a lawyer if you're offered money, if you feel like you've been terminated wrongfully. Teresa: So my golden rule of thumb is always have your severance package looked over by a lawyer or the termination letter as well, because generally there is going to be more on the table no matter how reasonable the offer actually looks to you. Andrew: Wow. So it's definitely worth consulting with a lawyer, even if your employers made you an offer. Teresa: Absolutely. And I think it also protects your rights because some employers will put restrictions on what you can and cannot do after the fact, and you wanna make sure that those don't infringe on your own rights after you leave, once you transition into another role. Andrew: Now in personal injury we're used to, whenever there's an exchange of money, there's typically a release side. Teresa: Yes. Andrew: Is that something that also comes up in the employment setting? Teresa: Well essentially that is coupled in with the termination letter. That's what you will see from your employer. It could be an anti competition clause, or you could literally be signing away any kind of stocks that you may have attained. Likely a lawyer will know exactly what to look for, Andrew: So if they're presented with a document and asked to sign, that should go off as like an alarm or a yellow flag and say, no, I should probably get this looked at. Teresa: Being terminated is such a traumatic event anyways. It is really important to not only make sure that your rights are preserved, but to have some kind of security in the fact that you're walking away with having the best representation and the best case scenario and already in a pretty unfortunate situation. Andrew: So what do you look for? If someone's calling and they have a potential case or they think they have a case, what kinds of things do you look for? What should they look for as potential signs or flags that I might have a wrongful termination case here? Teresa: The first thing I would do is check the termination letter. Generally speaking, they will outline exactly what you're being terminated for and they will also give you an updated report or anything like that if there were any investigations to have happened, et cetera. So that is the first thing that I look for, is I ask for the termination letter so I can exactly determine the reason. And then from there we unpack the story. So this is where it's really important, where you get a lawyer that listens. Every little thing truly matters because it's about building a narrative of why you were singled out. And if for example, it wasn't just you and it was a whole department, then it gets to a bigger territory. Andrew: And what if it's a small business that maybe isn't as formal? There's no termination letter, just a manager saying you're fired. Teresa: Absolutely. It becomes more difficult when there isn't a termination letter. But under the law, under the ESA, you still have rights and you have rights to severance, and you will likely have rights to a notice. Despite the fact the company may be small and a mom and pop shop doesn't preclude from the fact that you still deserve your severance. Andrew: Is there any money in addition to severance that people can claim in the right circumstances? Teresa: So it goes back to the human rights aspect. So when there's an egregious act on behalf of the employer, what we'll do is that we will add the bad faith or human rights violation. And in that way, we can get a little bit more for our clients because of all the trauma that they've been through. Benefits of Contingency Fee in Employment Law Andrew: And what about people that maybe think they have a case, but they're afraid of the cost of hiring a lawyer? How do employment lawyers get paid? Teresa: Yes. This is a very difficult topic for a lot of clients because again, they're coming to us in a position where they've just lost their jobs, and likely they won't be able to afford the hourly fee or the retainer. So generally, in most employment law firms, what they'll do is they'll ask for an upfront retainer, and then from then on they would take away from each hour that they work. However, the problem with that is that hourly is very expensive. Employment lawyers are not cheap, so it actually is, for me anyway, a barrier to justice. And the beauty of having contingency, which is what our firms offer, is that we're able to work on your file as much as it needs. It just makes sense. People are coming to us in a position where they just lost their jobs. They're in a very unfortunate financial situation, and a lot of people don't have the funds to give out $5,000, $10,000 at a time in order to retain a lawyer. So the benefit of the contingency fee is that we are able to work on your file as much as it requires as much attention. We're able to be super diligent with your file and it won't cost you a dime until we make sure that you get a settlement. Andrew: Is your service doing it on contingency fee, is that particularly unique in the area of employment law? Teresa: Absolutely. It is very uncommon for employment lawyers to do contingency. Andrew: The other benefit to that though is. If you're taking a case on contingency fee, if you're actually accepting a case, you've made at least an initial assessment. I know you can't predict with certainty till you start doing discovery and really digging into a file, but you've at least made an assessment at the outset that this claim may have merit. That also can give the client a bit of peace of mind. It's not cost them anything. The lawyers invested in it, spending money and time and effort to try to give me a resolution, and so that should give the client some more confidence and peace of mind too that they pick the lawyer that actually believes in their case, which is similar to what we do at personal injury. Teresa: Absolutely. WhenI do my consultations, I am very thorough. In order to determine to make sure that it is a viable case and that I am the right lawyer to bring you the settlement that you deserve, my consultations will go on for quite some time. What that does is give you a pretty good, accurate idea on where I would take it if it's a possibility and the strength of your case. Can I Always Sue My Employer If I've Been Wrongfully Terminated? Andrew: Are there some misconceptions about employment law that you can think of? Teresa: Yeah, I think the biggest misconception is that you can always sue your employer, but there are quite a few instances where it's not viable. For example, if you were fired within your probation period, whatever that may be, and you signed off on your contract, there's really no way for you to really seek severance. Also, when depending on the length of the probation, it wouldn't actually fall under what the ESA requires for you to seek severance. Andrew: And that kinda leads me to another thought and question. Does the length of time that you're employed with an employer, does that have a bearing typically on the merits of the case or the value of the case? Is that something you look at as well? Teresa: When we're talking about just severance, the length of time you work, for and with an employer is the number one factor in determining the amount that you are entitled to actually. Depending on if you pursue severance under the ESA or the common law, the amounts that you can claim for is different, but a large part of that is how long you are working for the employer, and if it's under common law, you can also look at, your seniority level and your age and how difficult the market is to penetrate after you leave. Wrongful Termination in Personal Injury Cases Andrew: Another question I have now is something that we see as a pretty common scenario where we may represent someone who's involved in a car accident or a slip and fall accident. They have injuries, they've returned to work. They're not quite as good of an employer as they used to be. They're struggling, they might be taking medications, they might be taking numerous days off. Then ultimately they're let go or fired. Just in that sort of scenario, and I know it's not specific, it's general, but what kind of employment issues might arise in that scenario where somebody has had an injury and then it impacts their ability to work? Teresa: That's a great question because it's something I really want everyone to know. Your employer has a duty to accommodate. So for example, let's say you were in an accident and you're a cashier and you can't stand on your feet for X amount of time and you request a chair. Just so that you can sit and scan the items, and if they refuse, that is them violating their duty to accommodate. There are a lot of things that I understand people may be concerned about bringing to their employer, but ultimately speaking under the law they are responsible for essentially taking care of you and making sure you are able to work in that job that you were hired for. Andrew: And what about, here's another scenario that sometimes ties into our other practice areas, personal injury, where someone works for a company, they've worked there for a long time, they might be close to retirement age. Now the accident and the injuries are impacting on their performance at work, they decide to retire. What's your view on that? Should they speak to a lawyer before making that decision to retire? And if so, why? Teresa: Before you make any kind of big life changes, it's really important to at least have a lawyer think it over, look it over and see what your situation is. But again, going back to if you have to retire earlier because your employer is failing to accommodate you, that is a possible stream that we can go into. Andrew: Yeah, and that's the same advice I give our clients on the personal injury side. If you're gonna stop working, talk to us first, because sometimes people don't realize that they actually have other benefits available through work, short term, long term disability, and they choose to retire. Then they've lost out on this other income stream potentially for those last few years. Teresa: Especially with employment law, because there are so many streams in which you can argue within. It gets very complicated. A lot of misconceptions that I find in employment is that people think, I can just sue my employer only. But again, there are union actions, there is human rights action. It's really nice when you can speak to a lawyer so Basically all the cards are on the table before you make any big life changes. Union Actions in Employment Law Andrew: Are the employers that are unionized, are those more complex employment cases or are they simpler or the same, or how would you describe that? Teresa: It's yes and no. Sometimes it gets more complex because now you're dealing with what the union says compared to what the employer says. But because they're technically different actions, it doesn't become significantly more complicated, but there are times where, you know, maybe the union and the employer don't agree and then it gets a little bit muddied. How Do I Find The Right Employment Lawyer? Andrew: So if somebody's out there listening to this or watching this and they're considering looking for an employment lawyer, what kind of advice would you suggest in terms of finding the right employment lawyer for you? Teresa: I think with employment law, it's different from other streams. You found a good lawyer when they ask an enormous amount of questions because they need all the information to give you all the cards that you're able to pursue, all the paths that you can. Whereas if a lawyer just asks a couple of questions, for example, how much do you make? How long have you been there, then they're not gonna get you the best results because they may be missing core damages such as human rights issues. Employment law is quite complex in a sense. There are different paths and streams that you can take, but because of that, it is a very fruitful situation because you are able to collect in different ways. A lawyer who practices employment law has to know what those are and can only determine that once they get all the information from you as a client. How Much Severage Can I Get? Andrew: What kind of questions do your prospective clients usually have? Teresa: The main one that I get is how much severance can I get? I get asked that quite a lot, and of course, as every lawyer will say to any legal advice, it's, it depends. I have to ask you all the relevant questions in order to determine that, because again, under different laws, the ESA, common law, et cetera. These numbers change. For example, if your company has a payroll of over $2.5 million, your severance amount also changes. So there are little things that will determine how much your severance will be, and only a well, a formed lawyer will know that. And only a lawyer that has asked you all the right questions will know that. Andrew: I'm assuming you can't determine with specificity at the initial meeting. But is that something that you can generally get a sense of when you first meet a client and ask the right questions? Teresa: I can generally give you a range. I can also give you quantums of what the courts have awarded. For example, if it's a human rights violation. I can tell you, in regards to this, the courts have awarded $5,000, $10,000,$15,000, so I can give you those vague numbers. But like you were saying, it's impossible for me to tell you exactly the amount, but I can at least give you a range so you can determine if this is something you wanna pursue or not. Constructive Dismissal and Toxic Work Environments Andrew: So a term I hear sometimes is constructive dismissal. Explain what that is. Teresa: Yeah, absolutely. I think a lot of people. Either have never heard of constructive dismissal, or they'll use it interchangeably with wrongful termination. Essentially, constructive dismissal is when your employer makes your work condition so intolerable that you're forced to resign or quit. This could be something like making the environment very dangerous, putting you in a situation where you may lose your license if you continue doing, and it is a very real thing that you can bring up. It is just as important and just as viable as a termination case. Andrew: Wow. So even if you quit, because let's call it a toxic work environment, you might have a claim. Teresa: Absolutely. It's something that a lot of people don't know, but it's important for people to know because the employer does not have a right to make you suffer, to harass you, to bully you and make workplace conditions really dangerous. Andrew: And do you think in those contexts that the employer is doing that so that they can avoid paying severance, force you to re leave or retire or quit in a way to save money for themselves? Teresa: It's a very common tactic that they'll use because a threshold is high. The reality is it is difficult to say, oh, you know this employer forced me to retire early to leave the company. But it is something that is possible. And as long as you have the documentation and you are very diligent with making logs and notes and saving the emails, it is something that you can definitely pursue and I would recommend pursuing. Documenting Your Case Andrew: So that was gonna be my follow up question. If somebody's in a work environment right now and they feel like this is a bad place. I want to quit. What kinds of things can they do to basically develop that case and help you prove that they were constructively dismissed? Teresa: The first thing I would recommend for anybody is to reach out to a lawyer. Again, if you're going to do something as significant as quitting your job, especially due to harassment or, work, workplace safety issues. It's very important that you reach out to a lawyer because we can tell you specifically what you're going through, what you should do. And a large part of it is document collecting, making logs, whenever you have a meeting, even recording it. That is gonna be the foundation for your file. As soon as you can do it and get in contact with a lawyer, the better. Truly. Final Advice for Wrongful Termination Andrew: So if somebody's watching this now and they think they may have been wrongfully terminated, what's the number one advice you would give them? Teresa: I would absolutely first make sure that you get some kind of letter of termination, some kind of proof of why you were terminated. A lot of the time employers will try to avoid their obligation by terminating you orally, so you have no proof, you don't really know what's happening. So absolutely the first thing is to make sure that you have documentation, and the second part is to reach out to a lawyer, because there are a lot of things that employers may try to hide because they know that you don't know the law and a lot of people don't. It's a very complex system, and it's only a lawyer that will be able to tell you if you were truly wrongfully terminated. Once they have all the facts. Andrew: Thanks for joining us, Teresa. Have Questions? Contact Us Today! Teresa: If you have any questions, please comment below. You could reach us on our website or our 24 hour hotline and you can schedule a free consultation with us  We are excited to announce that Teresa Park has joined Iacobelli Law Firm as a litigation lawyer, bringing with her a wealth of experience and a deep commitment to client advocacy. Teresa practices in the areas of personal injury law and employment and labour law, and she has already made a significant impact as the founding lawyer and manager of our firm’s employment law section.
With a strong passion for justice, Teresa is dedicated to helping individuals who have suffered serious injuries and those facing workplace injustices. She ensures every client receives the attention and representation they deserve, combining her strategic insight with a compassionate approach. Teresa earned her Juris Doctor from Osgoode Hall Law School and holds an Honours Bachelor of Arts & Science from York University, where she graduated summa cum laude. Her academic achievements include receiving the Gina Feldberg Prize and the Ellen Baar Award for achieving the highest GPA in her department and major. Throughout her legal career, Teresa has shown a deep commitment to community and advocacy. At Osgoode, she served as Executive Chair of Pro Bono Students Canada (Osgoode Chapter) and represented clients in social assistance and employment law matters as a student caseworker at Parkdale Community Legal Services. Before joining Iacobelli Law Firm, Teresa practiced at a respected insurance defence boutique, where she gained extensive experience in personal injury and insurance litigation. Her background provides her with a valuable perspective on how insurers approach claims—knowledge that strengthens her ability to advocate for injured individuals and maximize their compensation. Teresa later focused her practice on employment law, successfully representing clients in wrongful dismissal, workplace harassment, and human rights cases. She has appeared before the Ontario Superior Court of Justice and various administrative tribunals, skillfully handling mediations, hearings, and negotiations. Teresa also brings a unique cultural perspective to the firm as a fluent Korean speaker, and she is proud to provide legal services in both English and Korean. Her ability to connect with clients in their preferred language reflects her commitment to making justice accessible to all. A common question we hear is, how do you recognize if the insurance company is making you a lowball offer for your injury claim?
There are several ways you can tell if the insurance company is making you a lowball offer. First Offer is Usually a Lowball Offer Almost always, the first offer from an insurance company is a lowball offer. They don't have the necessary information, they don't have your medical records. They have very limited information. That's a sign that the insurance adjuster is looking to close down your claim quickly before you get wise, before you become informed, before you lawyer up. Vague Offers Without Rationale Another way to recognize a low ball offer from an insurance company is one that's vague, that doesn't cover all of your expenses. You have to look at what your potential claim is worth based on pain and suffering. Did you incur an income loss? Are you at risk of losing income in the future or having difficulty working to your full capacity? They're not breaking it down. There's no rationale. They're just trying to dangle a carrot so you sign a release and walk away from your rights. Offer Doesn't Cover Projected Future Losses If an insurance company or an insurance adjuster is making you an offer that only covers some of your immediate losses, but doesn't contemplate or take into account the risk or the likelihood of future losses, you're probably getting a low ball offer. And again, it's a circumstance where you should speak to a lawyer and find out what else you're entitled to, what else you can recover. Lowball Offer Disguised as a Generous Offer Whenever an insurance company offers you money, but then gives explanations that this is a generous offer. where this is a fair offer because you're partially at blame, where there are facts and circumstances that make your case not as strong or weak. That should give you concern. That should give you pause. The insurance company is already acknowledging, essentially, that they're making you a discounted offer and they're coming up with reasons. It's clear as day. A lowball offer. Get advice from a lawyer. Find out what your case is really worth. Insurance Company Downplays Your Injuries Whenever an insurance company offers you money, but at the same time, tries to downplay your case, tells you your injuries aren't that severe, again, they're trying to justify their offer. They're essentially telling you they're not paying you enough, but they have a good reason not to be. Speak to a lawyer because you're probably being dealt a lowball offer. Tactics Used by Insurance Companies It's also important to consider that sometimes insurance companies will make lowball offers simply because somebody is unrepresented by a lawyer. They recognize that you might not be in a position to file suit on your own. And so one tactic that we see is they will string you along, and they will be polite and nice, and the adjuster will constantly ask you for more information. And I just need one more thing. Oh, and I just need this. I'm working at it. I'm trying to get you more money. I'm trying to get an increased offer. But what we find, what they're really doing is collecting information from you and running the clock. There are deadlines to file suit. Those are called statute of limitations and so the insurance companies often will run the clock on you and by the time you see a lawyer, either you're out of time or there's very limited time and your case is nowhere near as good as it could have been because you didn't have the proper advice. Pressure Tactics and Risks From the Insurance Company Whenever an insurance company is putting pressure on you to accept the offer immediately, that's a red flag. The insurance company doesn't want you to get informed. They don't want to give you an opportunity to think about it. Some people are worried, if I don't take the offer, or if I make a counter offer to the insurance company's offer, will I lose my chance to settle? Will they take it off the table? And while yes, there's always a risk, in our experience, that's a really low risk. If the lawyer tells you it's a low ball offer, Most of the time, you're going to get a much, much better result with a lawyer who can file suit immediately if the insurance company isn't paying a fair value for your case, and also get the right evidence to support your claim, to prove your losses, to prove the extent of your pain and suffering, to prove the extent of the economic losses, such as medical expenses, both past and into the future, and income loss or a risk that you may not be able to work to your full capacity. Steps to Take When Offered a Lowball Settlement So what should you do if you're confronted with a situation where the insurance company has made you an offer and you're not sure if it's a lowball offer? First and foremost, get advice. Most personal injury lawyers, like our firm, offer free consultations. We're happy to talk to you, learn about the facts and circumstances of your accident, your injuries and the impact it's having on you and give you a fair assessment of what we think your case is worth. Don't Sign Anything Prematurely Number two, don't sign anything. Don't get caught by the pressure tactics of the insurance company that this is a limited time offer. What they're asking you to sign in all likelihood is a release. If you sign it, you give up all of your rights to sue and pursue civil remedies. Okay? So don't sign anything until you've had a lawyer look at it. Ask For a Breakdown of the Offer And if the insurance company makes you an offer, ask for a breakdown. It's good to know if they can explain and rationalize. How they've come up with the calculation for the offer they're making, and then bring it to a lawyer and get advice. Communicating Through Your Lawyer If you have a lawyer, the insurance company should not be communicating with you directly. They should be communicating through your lawyer. So if you have a lawyer, maybe the insurance company doesn't know that yet, you've just retained a lawyer. The minute the insurance company calls you, tell them I have a lawyer. I don't want to speak to you. Here's my lawyer's name. and phone number contact them. Get the name and contact information for the insurance adjuster. Immediately call your lawyer and tell them that you were contacted by this person and share their details. The Role of Lawyers in Negotiating Fair Settlements Very often we'll get calls from people who have already heard from the insurance company. They've already been given an offer and they don't understand whether that's a fair offer or not. And so part of our job is to meet with clients, find out the circumstances of your case, the extent of your injuries, review your medical records. We've had examples where it was really obvious that the offer from the insurance company was completely inadequate, well below the fair value of that case. Insurance Companies Pay More When a Lawyer Gets Involved Insurance companies know that if you have a lawyer involved, a lawsuit is coming, that they can't mess around as much with lowball offers because ultimately they'll be forced to defend their position. And there's an expense associated with that. Very often if we get involved in a case, even where there is a lowball offer, oftentimes we can get a resolution fairly quickly. simply because of the ability to file a lawsuit and commence litigation and put pressure on the insurance company and their adjuster to take your claim seriously. The Best Way to Get a Fair Payout? So if an insurance adjuster reaches out to you and gives you an offer, it's either a first offer or they're not giving you rationale. Where the rationale just doesn't make sense. The likelihood is it's a lowball offer. It's important to speak to an experienced lawyer so you can understand what the real value of your case is. Have Questions? Contact Us Today for a Free Consultation Feel free to reach out to us. I'm sure you have questions about your rights and remedies. We're happy to talk to you. We provide a free consultation. You can reach our office 24 hours a day, 7 days a week, either by calling us on our toll free number or visiting our website. 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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Personal Injury
- Catastrophic Injury >
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- Premises Liability
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- Nursing Home Negligence
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- Defective Products
- Watercraft and Boating Accidents
- Dog Bites/Animal Attacks
- View All Practice Areas
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Disability Law
- Disability Claims Denied
- Disability Insurance Claims Lawyer
- The Role of Medical Evidence in Long-Term Disability Insurance Claims
- Appealing a Denied Long-Term Disability Insurance Claim: Why You Need an LTD Denial Lawyer
- Travel Medical Insurance Denied
- Life Insurance Claims Denials
- CPP Disability Claims
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- Our Team
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Resources
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- Frequently Asked Questions >
- Fees
- Do I Have A Case?
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