​Facing a denial of long term disability (LTD) benefits can be a devastating blow, especially when you're already dealing with the challenges of a disability. The financial strain, coupled with the emotional toll, can feel overwhelming. Unfortunately, this scenario is not uncommon. Disability Insurance companies often deny claims as a tactic to save money, leveraging an unfair advantage over those who are already vulnerable. At Iacobelli Law Firm, we understand these dynamics and are committed to fighting for your rights without adding to your financial burden.

The Impact of Denied Long Term Disability Benefits
When your LTD benefits are denied, the financial consequences can be severe. Without the income replacement that these benefits provide, you may struggle to cover basic living expenses, medical bills, and other necessary costs. This financial hardship can lead to:

• Increased Debt: Many people turn to credit cards or loans to make ends meet, leading to mounting debt and financial instability.
• Loss of Assets: In severe cases, individuals may have to sell their homes, vehicles, or other assets to stay afloat.
• Emotional Stress: The anxiety and stress of financial insecurity can exacerbate your health condition, creating a vicious cycle that hinders your recovery.

Insurance Companies’ Tactics
Insurance companies are in the business of making profits, and one of their strategies to protect their bottom line is to deny or delay legitimate claims. They may use various tactics, such as:

• Challenging Medical Evidence: They might argue that your medical evidence is insufficient or not convincing enough to support your claim.
• Misinterpreting Policy Terms: Insurers can interpret the terms and conditions of your policy in a way that favors them, leading to unjust denials.
• Delaying Claims: By dragging out the process, they hope claimants will give up out of frustration or financial necessity.

These tactics are designed to create leverage and push claimants into accepting less than they deserve, or abandoning their claims altogether.

How Iacobelli Law Firm Can Help
At Iacobelli Law Firm, we are dedicated to holding insurance companies accountable for their actions. Our experienced LTD lawyers are well-versed in the tactics used by insurers and are prepared to fight for your rights. Here’s how we can help:

• No Upfront Costs – Contingency Fee Basis

We understand that the last thing you need during this difficult time is additional financial stress. That's why we work on a contingency fee basis. This means you pay nothing unless we win your case. Our fees are only collected as a percentage of the compensation we secure for you, allowing you to access top legal representation without worrying about upfront costs.

• Comprehensive Legal Support

Our team will thoroughly review your case, gather all necessary medical and vocational evidence, and develop a strong legal strategy to support your claim. Whether you are filing an initial claim or appealing a denial, we are here to provide the expert guidance you need.

• Results-Driven Advocacy

We are not afraid to take on insurance companies and challenge their unfair practices. Our goal is to secure the full benefits you are entitled to, and we will negotiate aggressively on your behalf. If necessary, we are prepared to take your case to court to ensure justice is served.

• Compassionate Advocacy

We recognize the emotional and financial toll of a disability and a denied claim. Our lawyers provide compassionate and personalized support, treating each case with the care and attention it deserves.

A denial of long term disability benefits can create significant financial hardship and is often a tactic used by insurance companies to save money. At Iacobelli Law Firm, we understand these challenges and are committed to fighting for your rights. By working on a contingency fee basis, we ensure you can access top legal representation without upfront costs. Let us help you hold insurance companies accountable and secure the benefits you deserve. Contact us today for a free consultation and take the first step towards justice.

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 recent case of Moustakis v. Agbuya (October 17, 2023), the Superior Court of Justice in Ontario delivered an important ruling on the admissibility of expert evidence in personal injury cases. This decision, articulated by the Honourable Justice L. Merritt, underscores the necessity for impartial and relevant expert testimony, reinforcing the Mohan test and the gatekeeper role of the court in ensuring that expert evidence contributes constructively to the judicial process. This ruling has significant implications for personal injury litigation, particularly in addressing the frequent use of biased medical experts by insurance companies.

Case Overview
The case involves the plaintiff, Kyriaki Moustakis, who alleged injuries from a motor vehicle accident on January 9, 2016. The defense sought to introduce Dr. Michael Ford, an orthopedic surgeon, as an expert witness to testify on chronic pain and somatic symptom disorder. However, the plaintiff challenged Dr. Ford’s impartiality and relevance, arguing that his testimony was biased and exceeded his expertise. 

The Mohan Test and the Gatekeeper Role
Justice Merritt’s ruling began with an application of the Mohan test, which sets out four criteria for the admissibility of expert evidence:

• Relevance: The evidence must be logically connected to a fact in issue.
• Necessity: The evidence must be necessary to assist the trier of fact.
• Absence of an Exclusionary Rule: There must be no rule excluding the evidence.
• Properly Qualified Expert: The expert must be qualified by education, training, and experience.

In addition to these criteria, the court conducted a cost-benefit analysis to determine if the probative value of the evidence outweighed its prejudicial effect. This analysis involves balancing factors such as relevance, reliability, and the risk of jury confusion against the consumption of time and potential prejudice.

Key Findings and Rejection of Dr. Michael Ford's Opinions
Justice Merritt found that Dr. Ford’s testimony did not meet the necessary criteria for several reasons:

• Bias and Lack of Impartiality: The court highlighted Dr. Ford’s bias, noting his comments that suggested a predisposition towards viewing the plaintiff's symptoms as psychosomatic or fraudulent. Dr. Ford's reports ventured into areas beyond his expertise, particularly psychiatric evaluations, which are better suited for a psychiatrist.
• Exceeding Expertise: Dr. Ford was found to have assumed the role of an advocate rather than an impartial expert. His references to studies on fraud detection and psychosomatic disorders were deemed inappropriate, especially as these areas were not covered by other experts in the case.
• Probative vs. Prejudicial Value: The court ruled that the prejudicial effect of Dr. Ford’s testimony outweighed its probative value. His comments risked leading the jury to improperly defer to his opinion on the plaintiff’s credibility, which is the jury’s responsibility to assess.

Legal Precedents and Implications
The decision in Moustakis v. Agbuya aligns with the principles established in White Burgess, which underscores the importance of expert independence and impartiality. The ruling reinforces that experts must not only possess the necessary qualifications but must also provide evidence that aids the court without bias or advocacy.

The Mohan Test
The Mohan test, originating from the Supreme Court of Canada's decision in R. v. Mohan, remains the cornerstone for determining the admissibility of expert evidence. The four-part test includes:

• Relevance: The evidence must be directly related to the issues in the case. It must have probative value, meaning it should make a fact more or less likely than it would be without the evidence.
• Necessity in Assisting the Trier of Fact: The evidence must be necessary to help the judge or jury understand the issues. It should provide information that is beyond the common understanding of the layperson.
• Absence of Any Exclusionary Rule: The evidence must not be excluded by any other rule of law, such as hearsay or privilege.
• A Properly Qualified Expert: The expert must have the necessary qualifications, including education, training, and experience, to provide the evidence.

​The Cost-Benefit Analysis
Beyond the Mohan test, the court must conduct a cost-benefit analysis to weigh the probative value of the evidence against its potential prejudicial impact. This involves:

• Relevance: The extent to which the evidence relates to the facts at issue.
• Reliability: The dependability of the evidence, which can be influenced by the expert’s methodology and adherence to professional standards.
• Necessity: Whether the evidence is essential for understanding the case.
• Prejudicial Effect: The risk that the evidence could unfairly sway the jury or lead to confusion.

In Moustakis v. Agbuya, Justice Merritt found that Dr. Ford’s testimony failed this analysis. His tendency to speculate on the plaintiff’s psychological state and his broad assertions about fraud and psychosomatic symptoms were deemed to carry a significant risk of prejudice.

Expert Independence and the Role of Advocacy
A critical aspect of Justice Merritt’s ruling was the emphasis on expert independence. The court reiterated that an expert’s primary duty is to the court, not to the party that retains them. This principle is embedded in the legal framework to prevent experts from becoming advocates for one side, thus maintaining the integrity of the judicial process.

The White Burgess decision is particularly instructive in understanding the boundaries of expert testimony. The Supreme Court of Canada in this case emphasized that expert evidence must be impartial, independent, and unbiased. The expert must objectively assist the court, rather than advocating for a particular outcome. This case highlighted situations where an expert’s evidence might be excluded, such as when there is a direct financial interest, a close relationship with a party, or exposure to professional liability contingent on the case's outcome.

The Reality of Insurance Medical Examinations
At Iacobelli Law Firm, we have extensive experience representing injured parties where insurance companies routinely rely on experts that are biased.  Many experts hired by insurance companies to defend and defeat personal injury claims earn more money authoring reports for insurance companies than actually practicing medicine. This economic dependence can lead to biased opinions, which was a central issue in Moustakis v. Agbuya.

Insurance Medical Examinations: A Closer Look
Insurance medical examinations (IMEs) are often portrayed as impartial evaluations. However, these assessments are anything but independent. Insurance companies strategically select doctors for post-accident injuries assessments, aiming to minimize payouts. This practice is explored in our YouTube video on insurance medical examinations, where we delve into the hidden truth behind these evaluations and provide tips on how to navigate them successfully.

Here are some key points from the video:

• Doctors Working on Behalf of Insurance Companies: Many doctors conducting IMEs are financially incentivized to produce reports that favor the insurance company’s position.
• Protecting Yourself in an IME: It is crucial to be open and honest about your injuries and pre-existing conditions, and to consult your lawyer before attending the examination.
• Maintaining Credibility: Consistency in your treatment and honesty during your assessment are vital to maintaining your credibility in your case.
• Surveillance Tactics: Be aware that insurance companies may use surveillance tactics to undermine your claim. for more information on this subject, see our YouTube video on the subject of How Insurance Companies Use Surveillance in Personal Injury claims. 

Implications for Legal Practitioners
The Moustakis v. Agbuya ruling has significant implications for legal practitioners, especially in personal injury litigation. It underscores the necessity of scrutinizing the qualifications and impartiality of expert witnesses. Legal teams must ensure that their experts are not only well-qualified but also capable of providing unbiased, relevant, and reliable testimony.  For plaintiffs, it is important reminder to challenge biased experts hired on behalf of insurance companies. 

Best Practices for Admissibility of Expert Evidence
To enhance the admissibility of expert evidence, practitioners should consider the following best practices:

• Thorough Vetting of Experts: Ensure that the expert’s qualifications are directly relevant to the issues at hand.
• Clear Scope of Testimony: Define the scope of the expert’s testimony clearly, avoiding areas beyond their expertise.
• Objective Evidence: Ensure that the expert’s report is based on objective evidence and established scientific principles.
• Avoiding Advocacy: Instruct experts to maintain their role as impartial advisors to the court, rather than advocates for the retaining party.

The decision in Moustakis v. Agbuya is a pivotal moment in personal injury litigation, particularly in curbing biased defense medical opinions. By strictly adhering to the Mohan test and emphasizing the gatekeeping role of the court, this ruling helps ensure that expert evidence presented in court is both fair and beneficial. For legal practitioners, this decision underscores the critical importance of scrutinizing the qualifications and impartiality of expert witnesses to maintain the balance and fairness of judicial proceedings.

At Iacobelli Law Firm, we remain committed to providing expert analysis and support in navigating complex personal injury litigation.   To learn more about navigating insurance medical examinations, we invite you to watch our YouTube video on the subject. We are here to provide insights and guidancein the ever-evolving landscape of personal injury law.

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. 

Disclaimer: This blog is informational only and not a substitute for legal advice. Every case is unique, and you should always consult a lawyer about your specific situation.

As the weather warms up in Ontario, more and more cyclists are hitting the roads and trails to enjoy the beautiful outdoors. While cycling is a great way to stay active and enjoy the scenery, it's important to be prepared for the unexpected. Accidents can happen, and knowing what to do in the aftermath of a bicycle accident is crucial for your safety and legal protection.

At Iacobelli Law Firm, we are committed to helping cyclists understand their rights and navigate the complexities of personal injury claims. Here are the essential steps to take if you are involved in a bike accident:

1. Ensure Your Safety: Your safety is the top priority. Move to a safe location if possible, away from traffic and further danger. If you are seriously injured, try not to move and wait for emergency responders to arrive.
2. Call for Help: Immediately call 911 to report the accident. Even if you believe your injuries are minor, it's important to have a police report filed. This report can be crucial for any legal claims you may need to make later.
3. Gather Information: Collect as much information as possible from the scene of the accident.
4. Seek Medical Attention: Even if you think your injuries are minor, it’s important to see a doctor as soon as possible. Some injuries may not be immediately apparent and can worsen over time. Medical records will also be important for any future claims.
5. Report the Accident: Notify your insurance company about the accident. Provide them with the information you have gathered, but be cautious about making statements or accepting settlements without legal advice.
6. Consult with a Personal Injury Lawyer: Before accepting any offers from insurance companies, consult with a personal injury lawyer who specializes in bicycle accidents. At Iacobelli Law Firm, we can help you understand your rights, navigate the legal process, and ensure you receive fair compensation for your injuries and damages.

Learn More: Watch Our YouTube Video
For a more in-depth look at what you should do if you are involved in a bike accident, watch our informative YouTube video: What You Should Do if You Are Involved in a Bike Accident. This video provides additional tips and expert advice to help you stay informed and prepared.

If you or a loved one has been involved in a bicycle accident, our experienced legal team is here to help you navigate the legal process and secure the compensation you deserve. Contact us today for a free consultation and ride safely!

For more information and legal assistance, visit our website at iacobellilaw.com.

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. 

Disclaimer: This blog is informational only and not a substitute for legal advice. Every case is unique, and you should always consult an attorney about your specific situation.

As the weather warms up and motorcycle riding season kicks off in Ontario, it's crucial for riders to prioritize safety on the roads. Motorcycling offers a unique sense of freedom and adventure, but it also comes with its own set of risks. At Iacobelli Law Firm, we care deeply about the well-being of our community, and we want to ensure that every motorcyclist has a safe and enjoyable riding experience. Here are our top safety tips for motorcyclists this riding season:

1. Wear Proper Gear: Investing in high-quality protective gear is essential for your safety. Always wear a DOT-approved helmet, which is mandatory in Ontario. Additionally, wear a durable motorcycle jacket, pants, gloves, and boots to protect your body in case of a fall. Bright, reflective clothing can also help increase your visibility to other drivers.
2. Conduct Regular Motorcycle Maintenance: Before hitting the road, make sure your motorcycle is in optimal condition. Check the tire pressure, brakes, lights, and fluid levels regularly. A well-maintained motorcycle is less likely to encounter mechanical issues that could lead to accidents.
3. Practice Defensive Riding: Always be aware of your surroundings and anticipate potential hazards. Maintain a safe distance from other vehicles, avoid riding in blind spots, and be prepared for sudden stops. Remember that other drivers may not always see you, so it's essential to stay vigilant and proactive.
4. Follow Traffic Laws: Obeying traffic laws is fundamental to your safety. Stick to the speed limit, use your turn signals, and adhere to road signs and signals. Avoid aggressive riding behaviors, such as weaving through traffic or tailgating, as these actions can increase your risk of an accident.
5. Enhance Your Riding Skills: Consider taking a motorcycle safety course to improve your riding skills and knowledge. These courses offer valuable training in handling various riding scenarios and can be beneficial for both new and experienced riders. Many insurance companies also offer discounts to riders who complete safety courses.
6. Stay Sober and Alert: Never ride under the influence of alcohol or drugs. Impaired riding significantly impairs your reaction time and judgment, increasing the likelihood of an accident. Also, avoid riding when you are fatigued, as tiredness can affect your focus and coordination.
7. Be Cautious in Adverse Conditions​: Weather and road conditions can greatly impact your safety. Reduce your speed and exercise extra caution when riding in rain, fog, or on slippery roads. Be aware of road hazards such as potholes, gravel, and debris, which can cause you to lose control of your motorcycle.
8. Use Proper Riding Techniques: Mastering proper riding techniques, such as smooth braking, cornering, and accelerating, can enhance your control over the motorcycle. Always use both brakes when stopping, and practice safe cornering by slowing down before entering a turn.
9. Plan Your Rides: Before setting out on a ride, plan your route and inform someone of your plans. Avoid riding in unfamiliar areas without proper navigation tools. Knowing your route and having a plan in place can help you avoid dangerous situations.
10. Stay Visible: Make yourself as visible as possible to other road users. Use your headlights, even during the day, and position yourself in the lane where you are most visible. Avoid riding in blind spots and always assume that other drivers may not see you.

How Iacobelli Law Firm Can Help
At Iacobelli Law Firm, we understand the unique challenges and risks faced by motorcyclists.  With extensive experience representing motorcyclists injured in both Canada and the United States, our team is dedicated to fighting for the rights of injured riders and ensuring they receive the compensation they deserve.

We know how devastating motorcycle accidents can be, affecting not only the rider but also their families. Our compassionate and experienced legal team is here to provide the support and guidance you need during such difficult times. Whether you’ve suffered injuries or are dealing with the loss of a loved one due to a motorcycle accident, we are here to help you navigate the legal process and pursue justice.

By following these safety tips, you can significantly reduce the risks associated with motorcycle riding and enjoy a safer, more enjoyable riding season. At Iacobelli Law Firm, we are committed to promoting road safety and supporting motorcyclists in our community. If you or a loved one has been involved in a motorcycle accident, our experienced legal team is here to help you navigate the legal process and secure the compensation you deserve. Contact us today for a free consultation and ride safely!

For more information and legal assistance, visit our website at iacobellilaw.com.

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. 

Disclaimer: This blog is informational only and not a substitute for legal advice. Every case is unique, and you should always consult an attorney about your specific situation.

This past Saturday night on May 18, 2024, a devastating boat crash occurred on Bobs Lake in the Buck Bay area, north of Kingston, Ontario, resulting in the tragic loss of three lives and injuries to five others. The incident, involving an open bow fishing style boat and a speed boat, is a stark reminder of the critical importance of boating safety.

Details of the Incident
The Ontario Provincial Police (OPP) reported that the collision took place just after 9:30 p.m. between Westport and Parham. The victims who lost their lives were identified as a 21-year-old female from South Frontenac Township, a 22-year-old female from Elginburg, and a 23-year-old male from South Frontenac. The five injured individuals, aged between 21 and 44, were transported to a Kingston hospital, with one requiring airlift due to the severity of their injuries.

Ongoing Investigation
As the investigation into the cause of the boat collision continues, OPP spokesperson Bill Dickson expressed deep sympathy for the affected families and emphasized the need for privacy as they cope with their loss. He also highlighted the unfortunate timing of the incident, coinciding with Boat Safety Week.

Importance of Boating Safety
Dickson reiterated the vital importance of adhering to boating safety regulations. Key points include:

• Proper Equipment: Ensure your boat is equipped with all necessary safety gear. This includes life jackets for all passengers, which should not only be present in the boat but also worn at all times for maximum safety.
• Operator's Card: Boat operators must possess a valid operator's card and be familiar with the boating rules and regulations. Refresh your knowledge regularly by visiting resources like the Transport Canada website, which offers comprehensive marine safety tips.
• Vigilance and Preparedness: Boating safety is not just about compliance with the law but also about being prepared for emergencies and staying vigilant on the water.

Legal Support for Victims and Families
At Iacobelli Law Firm, we understand the profound impact such tragedies can have on families. We extend our deepest condolences to those affected by this horrific accident. Our experienced team is here to provide compassionate and dedicated legal support to help navigate the complex aftermath of boating accidents.

If you or a loved one has been involved in a boating accident, you may be entitled to compensation. We can assist you in understanding your legal rights and pursuing justice. Contact us today for a free consultation.

Stay Safe on the Water
As we move into the summer months, many will be heading out to enjoy Ontario’s beautiful lakes and waterways. Remember that safety should always be your top priority. Equip your boat properly, follow all safety regulations, and ensure that every outing is a safe one.

For more information on boating safety and legal assistance, visit our website at iacobellilaw.com.
​
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. 

Disclaimer: This blog is informational only and not a substitute for legal advice. Every case is unique, and you should always consult an attorney about your specific situation.

Long-term disability (LTD) insurance provides financial support to individuals who are unable to work due to a serious illness or injury. At Iacobelli Law Firm, we frequently receive inquiries about the intricacies of LTD claims, particularly regarding lump sum buyouts. In this blog post, we'll delve into the key aspects of LTD claims and the potential benefits and drawbacks of opting for a lump sum buyout.

What is a Long-Term Disability Claim?
A long-term disability claim is a request for financial assistance made by an individual who cannot work due to a debilitating medical condition. These claims are typically filed with an insurance company that provides LTD coverage, either through an employer-sponsored plan or a privately purchased policy.

The process of filing an LTD claim involves submitting medical evidence of the disability, demonstrating how it impairs the ability to work, and proving that the condition meets the policy's definition of disability. Once approved, the claimant receives monthly benefits to replace a portion of their lost income.

Lump Sum Buyouts Explained
A lump sum buyout is an offer made by an insurance company to settle an LTD claim with a one-time payment rather than ongoing monthly benefits. This option can be appealing for several reasons, but it also requires careful consideration of various factors.

Advantages of Lump Sum Buyouts

• Financial Flexibility: A lump sum provides immediate access to a substantial amount of money, which can be used for various purposes such as paying off debt, investing, or covering large expenses.
• Control Over Finances: Receiving a lump sum allows claimants to manage their finances independently, without relying on monthly payments from the insurance company.
• Closure: Accepting a lump sum buyout can bring a sense of closure, eliminating the need for ongoing interactions with the insurance company and potential disputes over continued eligibility for benefits.

Disadvantages of Lump Sum Buyouts
Potential Underpayment: Insurance companies may offer a buyout that is less than the total value of the future monthly benefits. It's crucial to carefully evaluate the offer to ensure it is fair.

• Financial Management Risks: With a large sum of money comes the responsibility of managing it wisely. Poor financial decisions or unexpected expenses can deplete the funds faster than anticipated.
• Tax Implications: Depending on your jurisdiction, a lump sum payment may have different tax implications compared to monthly benefits. It's important to consult with a tax advisor to understand the potential impact.

Considerations Before Accepting a Lump Sum Buyout
Assess Your Financial Situation: Consider your current and future financial needs, including medical expenses, living costs, and long-term financial goals.

Evaluate the Offer: Compare the lump sum offer to the total value of your remaining monthly benefits. It may be helpful to consult with a financial advisor or an attorney who specializes in disability claims to ensure the offer is fair.

Understand the Terms: Carefully review the terms of the buyout offer, including any conditions or waivers that may affect your rights.

Seek Professional Advice: Consulting with professionals who have experience in LTD claims and lump sum buyouts can provide valuable insights and help you make an informed decision.

Deciding whether to accept a lump sum buyout for your long-term disability claim is a significant decision that should not be taken lightly. At Iacobelli Law Firm, we are committed to helping our clients navigate the complexities of LTD claims and make decisions that best serve their interests. If you have questions about your LTD claim or need assistance evaluating a lump sum buyout offer, please don't hesitate to contact us.

If you have any further questions or need personalized advice regarding your LTD claim or lump sum buyout, feel free to reach out to our team. We're here to support you every step of the way.

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". ​

We are pleased to release our latest YouTube video, where we discuss a common challenge faced by personal injury claimants: lowball offers from insurance companies. As a personal injury lawyer, I've seen many clients initially overwhelmed by the tactics used by insurance companies to minimize payouts. Today, I want to share with you the strategies we use to ensure you receive the fair compensation you deserve.
Understanding the LandscapeIn personal injury cases, the opposing side is almost always an insurance company. Their primary goal is to limit the amount of money paid out on claims. This often results in initial offers that are unrealistically low. Recognizing this tactic is the first step in preparing to counter it effectively.
The Importance of PreparationOne fundamental strategy is to prepare every case as if it will go to trial. While the vast majority of personal injury cases settle out of court, showing that you are trial-ready significantly increases the likelihood of receiving a fair settlement offer. This preparation signals to insurance companies that lowball offers will not be entertained and that you are serious about obtaining just compensation.
Creating Risk for Insurance CompaniesCreating a perception of risk for the insurance company is key to countering lowball offers. This risk is generated by detailed and consistent medical documentation. If you are seeing your primary care physician or specialists regularly and they document your injuries and treatment thoroughly, it becomes challenging for the insurance company to defend against your claim.
Maintaining Honesty and CredibilityCredibility is crucial in personal injury claims. Always be honest with your healthcare providers, employers, and the insurance company. For example, if you claim that your injuries prevent you from enjoying your usual activities yet post contradictory activities on social media, your credibility could be damaged, which can significantly weaken your case.
The Art of NegotiationNegotiating with insurance companies is a delicate art. If faced with an unreasonable offer, it is essential to remain calm and not show any frustration during the negotiation. Any emotional reaction can provide the insurance company with insights into your mindset and potentially affect the outcome of the negotiation.
The Role of Economic LossInsurance companies often evaluate claims based on the economic risk they pose. Clear documentation of potential income loss and ongoing medical needs is essential. If the insurance company underestimates these costs, they are likely to extend a lower offer. Ensuring that all economic losses are well-documented and presented is critical in receiving a fair offer.
Turning Lowball Offers into OpportunitiesSometimes, a lowball offer can serve as a strategic opportunity to re-evaluate and strengthen your case. Understanding the reasons behind the insurance company's valuation can guide you to enhance the areas of your claim that are being undervalued.
Dealing with lowball offers from insurance companies is a challenging but navigable part of personal injury claims. Preparation, documentation, credibility, and skilled negotiation are all crucial components in ensuring that you are not undervalued or unfairly compensated. Remember, having an experienced personal injury lawyer can provide you with the guidance and representation needed to navigate these complex negotiations effectively.
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If you're dealing with a lowball offer and need assistance, don't hesitate to reach out. My team and I are here to help you understand your rights and fight for the compensation you truly deserve.

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. 

Disclaimer: This blog is informational only and not a substitute for legal advice. Every case is unique, and you should always consult an attorney about your specific situation.