Many personal injury victims find themselves unable to work and support themselves following a serious accident.  Sometimes, this results in an injured person applying for and receiving benefits from the Ontario Disability Support Program ("ODSP").  To learn if you are eligible for ODSP following a serious accident, contact the Ministry of Children, Community and Social Services or visit their website here for more information. 

​While ODSP can provide financial assistance following an accident, you may be required to repay or reimburse ODSP out of the proceeds from your settlement or verdict following a lawsuit.  That is, if you are successful in your claim for losses against another person, corporation, or insurance company, ODSP will expect reimbursement of the benefits paid to you.  

An important exception for injury victims is that ODSP will not expect reimbursement from settlement or verdicts amounts that are received as damages or compensation for your pain and suffering. As such, if all or most of your award is for pain and suffering, you would not need to pay that amount back to ODSP.  Also, you will not have to reimburse ODSP from any money awarded to you for expenses actually and reasonably incurred as a result of your injury.  The exemption, however, will only apply if the recipient files an annual report document all income and expense transactions relating to the money for which the exemption is claimed.

Following a settlement of your claim, whether it is exempt or not, you or your lawyer will need to provide ODSP with specific settlement information.  The Ministry will request to review a copy of the settlement documents, along with a breakdown of the heads of damages recovered by you, and the net settlement proceeds available to the ODSP recipient.  

If you have been seriously injured in an accident you may consider applying for ODSP.  Speak to your personal injury lawyer about ODSP and what your obligations will be for repayment at the time of the settlement.  With the assistance of a lawyer, you may be eligible to shelter some or all of the money from reimbursement if it is awarded for pain and suffering or medical or other care costs.  

​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.

If you are travelling from Ontario to another province in Canada or to the United States, you should be aware that your Ontario Accident Benefits coverage may not always apply. 

​Accident Benefits Coverage While Driving Your Own Vehicle:
If driving your own vehicle from Ontario in another province or the U.S., your Ontario Accident Benefits Insurance coverage will apply if you are involved in an accident.  Similarly, if you rent a vehicle, you will have coverage under the Ontario Accident Benefits so long as you have purchased   

If You Are in a Rental Vehicle
Most Ontario auto insurance companies offer the option of additional coverage in the event that you are injured in an automobile that you don’t own. The coverage comes in the form of an endorsement known as "Legal Liability for Damage to Non-Owned Automobiles." It is also referred to as the "Rental Vehicle Insurance Endorsement" or "OPCF 27."    The OPCF-27 endorsement provides coverage for Liability, Accident Benefits, Uninsured Automobile and Direct Compensation Property Damage coverage described in your policy when an insured person drives other automobiles.  

If You Are in Another Person's Vehicle
If you are a driver or owner of a vehicle that is registered in the jurisdiction where the accident occurred, you may not have access to Ontario Accident Benefits.  Section 59(1) of the SABS provides that entitlement to Accident Benefits for an accident in a foreign jurisdictions as set out in s. 2(3) is granted ONLY if a person meets the definition of insured within jurisdiction, and dies or sustains injury AND no benefits are received under the law of the jurisdiction in which the accident occurred.  

Among the criteria for eligibility for Accident Benefits is the following the applicant was not an owner, driver, or occupant of an automobile registered in the jurisdiction in which the accident occurred.  As such, if you are the driver or passenger of a vehicle registered in the State or Province where the accident occurred, you will not be allowed to claim Ontario Accident Benefits.  Your rights for first party insurance benefits will be governed by the law of the jurisdiction in which the accident occurred.  This is significant, as some US states have much lower benefits available than Ontario.  For instance, if you are visiting Florida, and are injured while a passenger or driver of a local Florida registered vehicle, you will not be able to claim Ontario Accident Benefits.  This could have serious consequences to your ability to recover your losses following an accident as Florida only provides for $10,000 for PIP / medical and rehabilitation.  Ontario benefits, on the other hand, provide as much as $1Million in coverage in the case of a catastrophic injury.  

If You Are a Pedestrian Hit by a Car in the US or Another Province
If you are an Ontario resident with auto insurance coverage in Ontario, you will likely have the option of electing Ontario Accident Benefits if you are struck by a motor vehicle in any Canadian Province or US State.  

Before Making an Election of Benefits Get Advice From an Experienced Lawyer
Generally, your election of benefits is final and cannot be reversed once made.  That is why it is important to speak with a lawyer that has experience in cross border accident claims.  

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.

Traumatic Brain Injury (TBI) is responsible for a substantial number of deaths and permanent disability in Ontario. Brain injuries can range in severity from mild, moderate and severe. Immediate and long-term effects of a brain injury will vary based on the level of injury. A traumatic brain injury is much different than other injuries. Since our brain is responsible for our emotions, personality and functional abilities, a brain injury can have wide-ranging consequences. No two brain injuries are exactly the same, and the consequence and outcomes of two similar brain injuries may be very different.  A Traumatic Brain Injury can cause physical, cognitive, emotional and behavioral effects.

Has Your Mild to Moderate Traumatic Brain Injury Been Overlooked?
It may be surprising to learn that a Traumatic Brain Injury is often missed following a serious accident. Because a Traumatic Brain Injury commonly accompanies other serious injuries, the medical trauma team may be focused on the more obvious injuries and on stabilizing a person.  Sometimes physicians refer to the Glasgow Coma Scale (GCS) to determine the severity of a brain injury.  Healthcare providers may also use the Rancho Los Amigos Scale to describe the level of recovery following a Traumatic Brain Injury. Very often, a Traumatic Brain Injury will not be visible on a regular MRI or CAT scan.  There are, however, more sensitive imaging studies, such as SPECT scans, which are now being used more widely.  Nonetheless, although the diagnostic imaging studies may be normal, a brain injury may still be diagnosed. This is because most brain injuries are not appreciable with imaging and so diagnosis is made clinically by physicians and other health care providers. A concussion is a traumatic brain injury.  

Know the Signs and Symptoms of a Traumatic Brain Injury
Some of the symptoms associated with mild brain injury or concussion are headaches, difficulty concentrating or thinking, memory and attention problems and mood changes. In the case of a severe brain injury, the diagnosis may be immediate where there is a loss of consciousness for more than 30 minutes and memory loss after the injury. When a brain injury is observable on diagnostic imaging, the consequences are often catastrophic. Some severe brain injuries result in impairments to function of limbs, as well as speech or language difficulties. Even in the case of mild brain injuries, a person can be left with significant permanent impairments and symptoms including:

• Difficulty learning new information;
  
• Impaired memory;
  
• Lack of insight into his/her condition;
  
• Impaired judgment;
  
• Impaired problem solving;
  
• Impaired planning skills;
  
• Impaired stress tolerance;
  
• Social and Emotional Difficulties;
  
• Headaches;
  
• Dizziness;
  
• Nausea;
  
• Ringing in ears;
  
• Depression.

Whether you are left with persistent headaches from a mild brain injury or concussion or if a severe brain injury caused the wrongful death of a loved one, a skilled traumatic brain injury lawyer can help. Learn how to recognize some of the signs of a TBI.

Brain Injury Causes
The causes for brain injuries (TBI) include car crashes, collisions involving commercial transport trucks, motorcycle crashes, slip and fall accidents and assaults or other violent crimes. Regardless of the circumstances of your accident, if another person's reckless or negligent actions have caused you or a family member to suffer a severe head or brain injury, you may be entitled to compensation for your losses and expenses.

Our team at Iacobelli Law Firm realizes how difficult it is when someone you love is diagnosed with a traumatic brain injury and the many challenges that you may face in your daily lives. Iacobelli Law Firm provides compassionate, professional and effective legal counsel. We also offer a FREE Consultation so please feel free to call us at 1-866-234-6093 or complete our online contact form here. We are honored to serve our clients and our community.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada 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.

Collisions involving pedestrians in Toronto and elsewhere in Ontario are, unfortunately, quite common and have have been on the rise. Ontario pedestrian collisions occur in roadways, crosswalks, intersections and, often times, in driveways and parking lots. Pedestrians and cyclists involved in accidents with motor vehicles often sustain serious injuries, including serious orthopedic injuries, catastrophic injury or even death.

Ontario Drivers Owe Duty of Care to Pedestrians
In Ontario, motorists owe a duty of care to pedestrians. When a pedestrian is struck by a car or other motor vehicle in Ontario, there is a presumption of negligence against the driver of the motor vehicle. This is unlike the law that usually applies to motor vehicle negligence cases and is known as a reverse onus.  The authority for the reverse onus for pedestrian accidents comes from Ontario's Highway Traffic Act. As such, the driver and owner of the motor vehicle that strikes a pedestrian in Ontario will have the onus of proving that they were not negligent in the operation of the motor vehicle. Although the reverse onus makes it somewhat easier for pedestrians and cyclists injured by a motor vehicle, it is a mistake to assume that these are easy cases.  Because of the potential exposure for damages, pedestrian motor vehicle collisions in Ontario are often vigorously defended by auto insurance companies. 

Be A Defensive Driver
Defensive driving means being aware of your surroundings and anticipating circumstances before they arise.  A defensive driver will be aware of people who walk, bicycle, operate a wheelchair, roller-blade or ride an electric scooter. Drivers should especially give particular attention to young children who may be playing near or in the road.  In residential neighborhood and school zones, drivers should assume that children will be present and drive accordingly.  Unlike mature and experienced pedestrians, children are often less capable of paying attention for vehicles and looking out for their own safety.  

Pedestrians are not protected by seat belts or air bags or the exterior of the vehicle.  As such, pedestrian accidents can result in serious injuries even at low impact speed. If you have been involved in a pedestrian collision, you may benefit from the advice of an Ontario personal injury lawyer. Early preservation of facts and witness accounts is important to the issue of liability. The personal injury lawyers at Iacobelli Law Firm provide compassionate, professional and effective legal counsel for injured pedestrians. We also offer a FREE Consultation so please feel free to call us at 1-866-234-6093 or complete our online contact form here. We are honoured to serve our clients and our community
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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.

Slip and fall injuries are common in Ontario, especially when we enter autumn and winter when frost or ice patches may become prevalent. Slip and fall accident often occur on property that is owned or occupied by someone else. Serious injuries can result from a slip and fall accident, including broken ankles, hip injuries, and other orthopedic injuries. Sometimes, serious head injuries can also occur as a result of a slip and fall accident.  In rare instances, a slip and fall accident can even result in death, usually as a result of head trauma.  

If you or a loved one has suffered an injury as a result of a slip and fall accident, you may be entitled to make a claim. Most of the time, insurance is in place to protect the property owners, managers, contractors, and occupiers in the event that someone is injured on their premises. Ontario slip and fall accidents are the most common premises liability claims. Laws dictate that property owners must provide safe, secure and properly maintained premises. Businesses and homeowners in Ontario may be held liable regardless of why a person enters their property.

Here are some common causes of slip and fall injuries:

• Ice and snow
• Slippery or sticky floors
• Uneven surfaces
• Trip hazards
• Unmarked step-downs
• Floor or stairway defects
• Inadequate lighting

Slip and Fall accidents may occur just about anywhere in Ontario. Commonly, slip and fall accidents occur on commercial properties such as:

• Restaurants
• Grocery Stores
• Night Clubs and Bars
• Shopping Malls
• Retail Stores
• Golf Courses
• Theme Parks
• Street or Road
• Park or Playground
• Sidewalk
• Airport Terminal
• Construction Zone

What Should You Do If You Are Injured in a Slip and Fall Accident:
If you have experienced an unfortunate slip and fall, your first priority should be to obtain medical attention that you may need to tend to your injuries. If possible, photograph the condition or conditions that caused you to slip whether it be ice or snow, uneven pavement or a broken handrail. Many of the circumstances that caused you to slip and fall could change within hours or even minutes after your accident.  That is why it is so important to photograph the area whenever possible.  It is also very important to know the location of your fall. Take note of the address and be aware of your surroundings especially if there are security cameras in the area.

If you or a loved one has been injured by a slip and fall on a wet floor or uneven surface, the property owner may be responsible for damages or injuries that you suffer and it is important that you seek legal advice as soon as possible. Iacobelli Law Firm represent clients throughout Ontario in personal injury matters including slip and fall accidents. Our firm provides compassionate, professional and effective legal counsel and offers a FREE Consultation. Please feel free to call us at 1-866-234-6093 or complete our online contact form here. We are honoured to serve our clients and our community.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada 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.

With a three-day weekend on the horizon, most of us will be driving on Thanksgiving Weekend and it is likely you will encounter heavy traffic and delays at some point on your travels. There will be an increased number of motorists on our roadways and you should plan accordingly. Whether you are driving a short distance or have a long drive ahead of you, it is so important to be prepared.



Here are some handy tips that we highly recommend you follow this Thanksgiving Weekend:

• Prepare your vehicle for the drive ahead. Top up your windshield wiper fluid and remember to travel with your emergency roadside safety kit. Keep your vehicle in good operating condition and make sure there is plenty of tread left on your tires.
• Make sure your signal lights and brake lights are operational. Unfortunately, many collisions occur because drivers didn’t see the other vehicle.
• Listen to traffic reports before you leave and while on the road make changes to your route as needed. Being delayed only makes you more anxious and could result in driver fatigue.
• Drivers in Ontario now have the option of presenting a digital copy of their auto insurance slip. If you have a digital copy of your auto insurance, you must ensure to show proof of insurance regardless of potential issues that you may have with your mobile device such as poor cellular service, a damaged screen or a dead battery. Please also keep in mind that digital auto insurance can also vary between provinces.
• Look for less traveled routes. Major highways are everyone’s route of choice but you could certainly benefit from using some of the smaller highways. In addition to less traffic, you will also be treated to some beautiful scenery as the leaves are giving us a brilliant show this time of year.
• Buckle up! Seat belts are one of your best defences in a crash and it’s the law.
• If there is a collision on your route, give EMS the space they need. Slow down when passing stopped police, ambulance, fire trucks, or tow trucks with flashing lights on.
• Do not drive distracted. If you are driving and tempted to pick up a call or send a text back while you’re driving, turn the volume off or shut your phone off completely and put it away. Pull over in a safe place, turn off your engine, turn on your hazard lights if necessary and return their call. That goes for eating as well. If you have a long drive ahead, make sure to eat before you head out or if you find yourself hungry while you drive, stop and eat. It only takes a few minutes and the break will do you good.
• Always leave a safe distance between you and the car ahead of you and keep your eyes on the road at all times. This way, you will have room if you need to stop quickly. Be aware of your surroundings and check your mirrors frequently. Take note of what other drivers around you are doing and expect the unexpected.  Driving on Thanksgiving Weekend will be extra busy.
• Don’t drive while impaired. Find another way home whether it’s a designated driver, a ride- share program, or a taxi service. Please don’t get behind the wheel and jeopardize your life or someone else’s. There is no excuse.
• Don’t allow children to fight or climb around in your vehicle as they should be buckled in their seats at all times. Too much noise can easily distract you from your focus on the road.

We hope you enjoy the time that you are spending with your loved ones this Thanksgiving Weekend and we wish everyone safe travels. This year, Iacobelli Law Firm would like to give thanks to our clients for their trust and confidence in our firm. We realize how hard it is for many of our clients that are recovering from injuries and we are thinking of you.

Although there are many steps you can take to improve your safety while you are driving this Thanksgiving Weekend, not all accidents can be avoided. If you find yourself in an unfortunate collision, our team at Iacobelli Law Firm provides compassionate, professional and effective legal counsel. We also offer a FREE Consultation so please feel free to call us at 1-866-234-6093 or complete our online contact form here. We are honoured to serve our clients and our community.

Andrew Iacobelli is a highly skilled litigator 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 in Ontario and Florida. Andrew also regularly represents injured clients in both Canada and the United States that are involved in cross-border accidents.

One of the questions that we are frequently asked by our clients is "What can I do to assist with my personal injury claim?"  This is a good question, and one that we will address is this blog post.  

Now that you have hired a lawyer to assist with your personal injury claim, there are things that you can do to assist your lawyer in the process.  For the most part, your lawyer will assign specific tasks for you, which will go a long way in assisting your lawyer.  A major part of the claims process is the collection and organization of records, and documents.  Most records must be collected directly by your lawyer in order to properly ensure that they are complete.  There is, however, some information that can be provided directly by the client.  For example, your lawyer may ask you for a list of all health-care providers, tax returns, and photographs.  Most lawyers will not want their clients to collect their own  medical records, because the lawyer will likely prefer to control the collection and document the requests and receipt of records. In the litigation process, your lawyer will need to be able to confirm that the medical records are complete. 

Your lawyer may have other additional requests for you, such as providing the contact information for people that have information about your injuries and their effects upon your daily life.   Make sure to ask your lawyer if there is anything that you can do to assist in the process. ​

To see more Frequently Asked Questions in Ontario personal injury claims, visit our FAQ page here.  If you would like a FREE Consultation with a Personal Injury Lawyer, call us 24/7 at 1-866-234-6093 or complete our online contact form here.  

We believe that the best chances for a successful outcome in a personal injury matter is preparedness.  That means preparing every case as if it is going to trial.  Although the vast majority of cases do settle, the best settlements are usually reached because the injured person's case is prepared to be able to go to trial.  In our personal injury law firm, experience has taught us that we can maximize the recovery for our clients by assuming that it will eventually go to trial, and preparing the case to win at trial.