![]() Seniors residing in nursing homes and long term care homes are there for comfort and support. These facilities exist for the purpose of providing the care and comfort that individuals may require in their advanced age. Many residents in nursing homes have mobility issues, which make them more vulnerable to falls. It is the duty of the nursing home to assess residents for falls risk, and implement a plan of care to help protect residents from falls. In our experience in handling nursing home negligence cases, we see many fall incidents that could have been prevented. Many times when we investigate the circumstances, we learn that the nursing home fall occurred because a plan of care or other procedures were not followed by nursing home staff. Unfortunately, in the elderly, a fall at a nursing home can result in serious injuries, including broken bones, head injuries, brain injuries, and sometimes even death. If a loved one was injured in a nursing home fall, you may be able to make a claim for the injuries or losses. Nursing homes in Ontario are insured for liability in the event that a resident or visitor is injured due to negligence. In addition to a negligence claim, you can also have the incident investigated by the Ontario Ministry of Health and Long Term Care. The Ministry will typically conduct an investigation and provide a report of their findings. You can make a complaint with the Ontario Ministry of Health and Long Term Care by calling the toll-free Long-Term Care ACTION Line at 1-866-434-0144. To learn more about making a complaint, you can visit the Ministry of Health's website here. It is also advisable to contact a Ontario lawyer that handles nursing home negligence and abuse claims. Iacobelli Law Firm may be able to help if your loved one has been injured as a result of nursing home negligence or abuse. For a free consultation contact us at 416-900-1070 or 1-866-234-6093. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death.
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![]() Iacobelli Law Firm is pleased to welcome Macey Schweller as the newest addition to our team. Macey is a law clerk, and brings a wealth of training and education to support our clients. Macey earned a paralegal certificate from Durham College before joining our firm. We believe that Macey's enthusiasm, energy and passion will be a great asset to the clients we represent. After a serious Ontario car accident, many people are unable to return to work. For most, The absence from work is temporary due to the immediate impact of the injuries. For some, however, a serious accident may render them incapable of ever returning to their prior job. In both situations, an immediate question often asked by a car accident injury victim and their family is “who will pay for the loss of income?”
Many Ontario accident victims wonder if their loss of income will be covered by Ontario Employment Insurance, their workplace disability benefits, the auto insurer, or some other insurance company. Like many issues in law, this question does not have a simple answer that fits all circumstances. Determining which insurance company will be responsible for paying loss of wages after a Ontario car accident will depend on the specific circumstances of the case. In a car accident case, Ontario auto insurance law provides Statutory Accident Benefits for all injured victims. For more detailed information on accident benefits, and what is covered, visit our website and search accident benefits. We have a lot of detailed information about accident benefits. For the purposes of this article, however, I will summarize that accident benefits provide some coverage for income replacement for an Ontario car accident victim that is unable to return to their employment. This benefit is usually limited to $400 per week. For those individuals that are fortunate enough to have workplace short term disability and/or long term disability benefits, then they will need to apply for those benefits as well. The auto insurance Statutory Accident Benefits is not responsible as the first payor in circumstances where the injured victim has available other disability benefits. What about EI sickness benefits? In the case of a car accident, EI will require the victim to apply to their Statutory Accident Benefits before seeking EI sickness benefits. In the event that EI benefits are paid due to a person’s inability to work because of a car accident, EI will usually seek repayment of the benefits paid out. If you or a loved one has been injured in a car accident and are unable to return to work, you probably have many questions about your rights. The income continuation benefit is just one of many issues that you may be facing at this difficult time. Learn more about your rights with a FREE Consultation from an experienced Ontario personal injury lawyer. There is no obligation, and the consultation is confidential. To request a Free Consultation call us 24/7 at 1-866-234-6093 or complete our online contact form to request a return phone call. We serve accident victims throughout Ontario. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. A common question we get from our Florida attorney colleagues is whether Canadian law requires notice to the Underinsured Motorist (UIM) carrier before settling with the at-fault driver's insurer in Florida. While Florida and many jurisdictions have specific legislation requiring notice to the UIM Carrier before settling with an underinsured tortfeasor, Ontario does not have any such legislation. As such, there is no strict requirement to provide notice to an Ontario UIM carrier before settling with an underinsured motorist. In most cases, however, the implication of settling with the underinsured motorist will result in a release, which would bar any right of subrogation on the part of the UIM insurance carrier.
In the case of Somersall v. Friedman, 2002 SCC 59 the Supreme Court of Canada considered whether a limits agreement with an uninsured tortfeasor, without notice to the UIM Carrier, precluded the plaintiffs from advancing a claim against the UIM carrier. In determining that the right to advance the UIM claim against was not precluded, the Supreme Court of Canada noted that "[t]he respondents have not interfered with the appellant’s rights of subrogation to such an extent as to deprive it of a right it acquired in the contract. Only a clear and unambiguous obligation upon the insured to maintain a claim in tort and not to waive it in exchange for a payment can support an interpretation favourable to the appellant." In support of its finding, the Supreme Court of Canada also emphasized that, "it has long been the law, in the absence of contractual terms to the contrary, that the insurer’s right of subrogation will not arise until the insured has been fully indemnified. Here, the appellant’s right of subrogation has not yet arisen, and in any event there is no evidence that the respondents did not honestly and in good faith believe that it was prudent and wise to enter into the limits agreement. Absent any evidence of actual or probable loss, the insurers should not be allowed to raise an alleged breach of subrogation rights in order to bar a claim made in good faith by the insured. Moreover, the plain language of the contract does not support a finding that the limits agreement interfered with a contractual right of the appellant. The only clear obligation on the insured is to “cooperate with the insurer” (except in a pecuniary way) in the pursuit of the action, but this obligation only arises once a payment has been made, and no payment has yet been made here." Should You Provide Notice to the UIM Carrier before Settling with the Underinsured Tortfeasor? Although the decision in Somersall v. Friedman provides that an Ontario resident injured by an underinsured motorist can settle without notice to the UIM Carrier, the question is should you provide notice? The short answer is yes. In our practice, we strongly encourage providing at least 30 days notice to the UIM Carrier before signing a release in favor of the underinsured party and their insurer. In the unlikely event that the UIM carrier wants to preserve their right of subrogation, they would simply advance the amount of money being offered by the underinsured party. In such cases, the injured party could still bring the UIM claim and the UIM carrier is free to pursue subrogation should they choose to do so. We recognize that some Florida attorneys conclude the matter in Florida for policy limits without notice to the Ontario UIM Carrier. In those cases, the injured Ontario driver would still be able to maintain their UIM claim, provided the settlement meets the standards set forth by the Supreme Court of Canada; namely, that it was done in good faith by the insured. Ontario UIM Claims arising out of Florida Car Accidents Must Be Pursued in Ontario Court One final point about UIM claims for an Ontario resident arising out of a Florida accident, is that these claims must be commenced in Ontario. Ontario UIM claims are also subject to Ontario law on damages, even though the claim arises out of a Florida or other foreign accident. If you suspect that you have a Underinsured Motorist Claim arising out of an accident that occurred in the United States, we may be able to assist. Andrew Iacobelli is a licensed attorney in Ontario, Florida and Michigan and has experience with cross border accident claims on behalf of Canadians and Americans. We regularly work with counsel throughout the United States and would be pleased to speak with you about assisting with your cross-border claim. For more information, please contact Andrew Iacobelli at 1-866-234-6093 Ext. 110. ![]() If you have an injury claim that is in litigation in Ontario, there is a good chance that your case will have a mediation. Cases filed in some Ontario courthouses, such as Toronto, Windsor and Ottawa, have mandatory mediation before the case can be set for pre-trial or trial. Whether mandatory or voluntary, the mediation process is an excellent opportunity for plaintiffs and their lawyers. Simply put, a mediation is a settlement discussion between the parties and their representatives. A mediator participates in the process in order to facilitate and encourage meaningful discussions and pushing the parties toward a resolution of the case. The mediator will usually be a lawyer with experience and knowledge of the issues pertaining to your case. In personal injury cases, most mediators have experience as practicing lawyers in the field of personal injury litigation. This will help the mediator communicate with the lawyers about unique issues on liability or damages that may be applicable to the particular case. Mediators cannot force you to settle your case - the decisions is always up to the client. Although mediators often talk about success and failure of the mediation on the basis of whether a settlement is achieved, I disagree with this view. For an injured person, success is not measured by whether the case settles at mediation - rather a successful mediation is one that achieves a fair result for the specific case. In my practice it is important for clients to understand that there can be a lot of benefit to a mediation even if settlement is not achieved at that time. When a case does not settle at mediation, the process can still be worthwhile. Preparing for and attending mediation brings issues in the case into focus and can help the parties narrow issues. The process can often help settle cases later, often for more money, or at least reduce issues for trial. It is important to listen to the advice of your lawyer when mediating a case. In the end, however, the injured client will make the final decision on whether to settle or say no to the final offer at a mediation. While mediation can be stressful for an injured party, it is really an excellent opportunity and you should not be discouraged if the case does not settle at mediation. We have seen many cases not settle at mediation and end up with very successful results for our clients in the end. if you have an upcoming mediation, you should be pleased that your case is likely well on its way to resolving. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. |
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