If you are an Ontario resident injured in a car accident while visiting the United States, you may be entitled to No Fault Insurance benefits.  If you have an Ontario auto insurance policy, you may be asked by your Canadian insurance company to choose or elect between the no fault (Statutory Accident Benefits) available in Ontario and those available in the United States where the accident occurred. 

It is important to note that No Fault or PIP benefits in the US are state specific.  There are great differences between the benefits available in one state and another.  While some US states offer generous No Fault PIP benefits, there are many that provide very little coverage.  The choice between Ontario and US No Fault Benefits are made available to Ontario residents by virtue of Section 59 of the Ontario Statutory Accident Benefits Schedule.  Typically, the Ontario insurance company will provide you with a summary or menu of benefits showing those in Ontario and the US State where your crash occurred.  You will be asked to sign a form, and warned that your choice is final and cannot be changed later.  

Your choice in benefits can have a major impact on the amount of funding for treatment, rehabilitation, and lost wages.  This choice should not be taken lightly.  If an insurance company asks you to choose between Ontario benefits and those of the United States, it is time to speak with a lawyer.  Make sure you are informed and make the right choice.  

Iacobelli Law Firm represents Ontario residents injured in the United States.  We have expertise in this complex area of law, and we can help you understand what you may be giving up in Ontario when choosing benefits.  Consultations are always free for prospective clients, so do not hesitate to get in touch with us.  

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". ​

As wrongful death lawyers, we are given the unique opportunity to seek justice for family members that have lost a loved one following a tragic event.  It is an honor to represent families and to share the memory of their loved one, although it is difficult for all of us.  We do not take wrongful death cases for granted, as we understand the significant emotional toll such cases have on all involved. 

Wrongful death suits are an option for grieving families to receive justice and financial support.  Although you may feel uncomfortable or perhaps even guilty, it is so important to speak with a lawyer specializing in wrongful death. Wrongful death cases arise when a death occurs because of someone else’s negligence. Negligence can arise in a variety of cases such as:

• car accidents - where another driver fails to pay attention, drives at an excessive speed, is distracted, or is intoxicated.
• motorcycle accidents - when a car fails to pay attention and turns into the path of a motorcyclist;
• slip and fall accidents - where a property owner fails to maintain their premises and keep it in a safe condition.

There are countless other situations that can result in the needless and untimely loss of a human being.   Our law firm has represented families that have lost loved ones in the above-noted circumstances, and many others, including stage collapses, apartment building fires, and other circumstances.  Each of these cases require careful and detailed analysis to identify the cause of the harm and the negligence.  

Once negligence is established in a wrongful death claim, we would look to recover the maximum amount of damages for the loss.  The damages, or financial compensation for the harm and loss, may include:

• Loss of income support
• Insurance Benefits
• Pain and Suffering
• Loss of Companionship
• Medical Bills\Funeral Expenses

Where there are dependents, their may be additional damages sought to account for the loss of the financial contributions of your loved one.   Most wrongful death claims are covered by an insurance policy, so you can be assured that if the claim is successful it will be paid.

Who Can File a Wrongful Death Claim:

When a wrongful death occurs, a family member may act as a representative of the decedent’s estate or they may hire an attorney to represent them in that capacity.  The surviving family members who typically are eligible to file a wrongful death claim include the decedent’s:

• spouse
• children
• siblings
• parents

The loss of a loved one is always devastating, but may be even more painful when it is sudden and caused by the fault of someone else. We understand that you will need time to grieve your loss, but it is also important to take the time to speak with a Lawyer who specializes in wrongful death to learn about your rights. Though it may be difficult, you owe it to your family to learn about your legal options if a loved one has been fatally injured.

We are a dedicated Injury Law Firm that provides compassionate and competent legal counsel for the injured and we offer a FREE Consultation so please feel free to call us at 1-866- 234-6093. We are available to take your call 24/7.

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". 

The wrongful death lawyers at Iacobelli Law Firm filed a lawsuit on behalf of the family members that lost a loved one due to a slip and fall accident that resulted in serious injuries leading to the death of the victim.  The family members consist of the children and grandchildren of the victim.  This lawsuit arises out of a slip and fall accident on ice and snow, where it is alleged that the property owner failed to maintain their premises.  

Slip and fall accidents on ice and snow can be serious.  Although they usually result in relatively minor injuries, they often result in broken bones, head injuries, and sometimes death.  If you are a property owner, take care of your premises by taking reasonable measures to keep the property free of ice accumulation in the winter.  

If you have been injured, or if you lost a loved one in an accident, call the injury lawyers at Iacobelli Law Firm for a free consultation.  

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". ​

If you were injured due to a slip and fall on ice on residential property where you are a tenant, you may be able to sue your landlord if they failed to maintain the area.  Some residential leases include language that indicates that the tenant is responsible for ice and snow.  Even in these situations, you may be able to claim for your injuries if the property owner did not maintain the premises.  

The Ontario Court of Appeal decision in Montgomery v. Van, 2009 ONCA 808 (“Montgomery”) involved the situation, and the Court determined that landlords remain responsible to fulfill their statutory duty to ensure the prescribed maintenance standards are met.  In that case, the tenant commenced an action against the landlord for damages after slipping and falling on the premises.  The landlord contended that the lease agreement provides that the “Tenants are responsible for keeping their walkway and stairway clean (including snow removal).” As such, the landlord asserted that the tenant’s injuries were due to her own negligence in that “she failed to keep her walkway in a state of good repair, including free from snow and ice”.

In paragraph 13 of the decision, Juriansz J.A. stated that “in order to be effective, a clause that provides that a tenant will provide snow removal services must constitute a contractual obligation severable from the tenancy agreement.” Juriansz J.A. indicated that, in Montgomery, the provision is inextricable from the tenancy agreement for the following reasons:
1. No consideration for snow removal task was indicated in the lease agreement;
2. The tenant lives in one of several basement apartments of a multi-unit residential complex;
3. The provision vaguely places the task of snow removal on the tenants jointly;
4. The lease agreement does not set out specifically what part of the complex’s common walkways this tenant agrees to keep clean and does not stipulate on what schedule she would perform the joint obligation; and
5. The provision fails to define this individual tenant’s task clearly enough to create an enforceable contractual obligation. 

Accordingly, the Court of Appeal concluded that landlords have a responsibility to fulfill their statutory duty to ensure the prescribed maintenance standards are met.  

Based on this Court of Appeal decision, you may still be able to claim for your injuries if you are a tenant and the landlord was negligent in treating snow or ice on the premises.  These claims are usually covered by the homeowner's insurance policy.  

If you have been injured in a slip and fall accident due to snow or ice accumulation on property in Ontario, call us for a Free Consultation to learn about your rights.  We offer prospective clients a Free, no obligation, consultation.  Contact us day or night toll free at 1-866-234-609 or complete our online contact form to get started now.  We serve clients throughout Ontario.  

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". 

With travel for Canadians easing next month, many Canadians are expected to take a long awaited vacation to the United States.  If you are a Canadian (Ontario resident) and you are insured on an auto insurance policy issued in Ontario, you generally will be afforded coverage in the event of a motor vehicle accident while travelling outside of Ontario.  Section 1.2 of the OAP 1 (the standard Ontario auto insurance policy) provides as follows:

"This policy covers you and other insured persons for incidents occurring in Canada, the United States of America and any other jurisdiction designated in the Statutory Accident Benefits Schedule, and on a vessel travelling between ports of those countries . . ."

When Canadians are travelling to the United States, there is a very high likelihood that you will be in a jurisdiction with lower auto insurance requirements than Ontario.  In the province of Ontario, all motor vehicles are required to have a minimum liability insurance policy of at least $200,000. Many people have liability limits of $1 million or more.  Conversely, in the United States, it is common for vehicles to have much lower liability insurance,   Based on my experience, most US states require around $25,000 in minimum liability insurance.  In Florida, where many Ontario residents travel for vacation, motorists are not required to have any insurance for third party bodily injury liability.  That means, you could be hit by a car or truck in Florida and the vehicle has no insurance at all to pay for your injuries or losses. This can be financially devastating if your injuries are serious and require emergency medical treatment.  We routinely see medical bills in the United States that are well in excess of $100,000 USD.   So how do Ontario residents protect themselves if travelling in the United States?  The answer is Underinsured motorist coverage.  

Underinsured Motorist coverage protects you and your family in the event that a vehicle with little or no insurance causes an accident in which you are injured.  Canadians injured in the United States in a car accident are fortunate if they have underinsured motorist insurance, because in that case your own insurance policy steps up and pays for your losses, including financial expenses and pain and suffering.  In Ontario, the Underinsured Motorist coverage comes in the form of an OPCF 44R, also known as Family Protection Coverage.  Most brokers in Ontario provide this coverage when you purchase car insurance, and you may not even know you have it.  If you are not sure if you have underinsured motorist coverage, call your insurance broker immediately.  This coverage is usually inexpensive and extremely important.   Without it, you can find yourself in financial ruin if you are seriously injured in a car accident while travelling in the United States.  

If you or a loved one has been injured in an accident in the United States, we may be able to help you navigate the insurance claims.  These are complex cases and we have expertise in this area of law.  We have successfully represented many Canadians injured in car, truck and motorcycle accidents in the USA.  Call us day or night for a free consultation with a cross-border injury lawyer or request a free consultation here.  

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". 

A decade ago, in 2012, I opened up my own law firm and, since that time, I have learned so much and I have so much to be thankful for.  As I reflect upon the last ten years, I am so very grateful for the opportunity to lead such a great team of compassionate, dedicated and highly-skilled individuals, and I am truly proud of our accomplishments.  I believe that our current team of law clerks and lawyers are second to none in the province of Ontario. What makes our team so special is that everyone actually cares about the people we serve. This is an incredibly compassionate group of people, and I am amazed at how routinely they go above and beyond to help a client in need.

I am grateful for our clients, who have also taught me so much over the years. I have learned about the strength of the human spirit - many of our clients amaze me with their character, strength, resilience and adaptation. These individuals inspire us.   It is the nature of our practice that we meet our clients after a life-changing event, often while they are still in the hospital, or we meet families praying for the recovery of their loved one.   Over the years, I have seen many examples of courage, resilience and perseverance, and I am so often amazed at how our client’s change and grow as people to overcome - they find strength that they did not know that they possessed.

As I reflect on the last decade, I would also like to thank our Law Clerk, Joanne Thompson who has been with us since day one and will also be celebrating ten years with Iacobelli Law Firm this year. Joanne’s caring, loyal and empathetic nature is highly regarded by all of our clients.   I would also like to thank Judge Lostracco who was a great mentor and the best team leader I have ever met. I will also be forever grateful to my father who inspired me to go to law school, and who is never far from my thoughts as I continue on this journey. I would also like my family for all of their patience, understanding and support over the last ten years.

This week we recognized and celebrated the Anniversary of Iacobelli Law Firm with a delicious cake as well as a toast. Many thanks to Graphic Etch for the engraving and Ginger’s Sweets  for the delicious cake and for making our celebration special. Cheers to the next ten years!

This year is a special year for us and I am excited to see what is on the horizon for both our firm, our clients and our staff. Our Team understands how difficult it is to recover from an unexpected accident and how hard it is both on our clients as well as their families. As our clients recover, they continue to show us how resilient and courageous they truly are.  We are so thankful to our clients for putting their trust in Iacobelli Law Firm over the last decade and we look forward to continuing to fight for injured clients for years to come.

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.

Iacobelli Law Firm is pleased to continue its support for the Brain Injury Association of York Region (BIAYR).  The Brain Injury Association of York Region provides free resources and advocacy for those affected by an acquired brain injury in York Region.  Among other resources, the BIAYR provides support groups and education for those impacted by an acquired brain injury.  The BIAYR is an excellent resource for our clients and our community, and we are proud to be a 2022 Gold Sponsor for this organization. 
If you or a loved one has experienced an acquired brain injury, check out the BIAYR for resources that can help you.

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". 

Yes - in most cases, a Canadian (Ontario) resident injured in a car accident while in the United States will still be able to claim benefits from their own Ontario car insurance policy. This includes benefits for lost wages if your injury prevents you from returning to work.  In addition, Ontario residents will be able to claim for other expenses, including healthcare costs from their Ontario auto policy.  CAUTION - in order to claim Ontario benefits an election must be made.  That is, you will have the choice between electing Ontario benefits or the first-party insurance benefits for the State where the accident occurred.  In many cases, it is wise to choose Ontario, but this is not always the case.  There are some US states that provide more coverage for first-party or no-fault insurance claims.  A lawyer experienced in cross-border accidents will need to review the available benefits and provide you with an opinion.  The election of benefits is usually final and cannot be changed, so be careful in making your choice.  

Our firm has expertise in helping Canadians injured in the United States - we are leaders in this area of law and are the firm that many US and Canadian lawyers turn to for advice in this area of law.  If you were injured in a car accident in the United States, call us for a free consultation.  If we are unable to assist, we may be able to direct you to a firm or lawyer that can.  Call us anytime 24/7 at 1-866-234-6093 or request a Free Consultation online and we can answer your questions and explain your rights and options.  

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". 

The short answer is Yes.  In most instances surviving family members can claim for their losses when a loved one is killed in a car accident.  In addition to death benefits that can be claimed against the auto insurance policy, the family members and the Estate can advance claims against the at-fault party.  This lawsuit against the at-fault driver or responsible party are almost always covered by insurance.  

If a family member is killed in a car accident, or pedestrian accident in Ontario, Canada, there are certain family members that have the right to claim for compensation.  This generally includes the spouse, children, grandchildren, parents, grandparents, brothers and sisters of the person that died in the crash.  

The compensation (money) recoverable in a Ontario wrongful death claim will depend on the particular facts and circumstances of the situation.  In general, the family members can claim for the financial losses and expenses, as well as money to  compensate for the loss of guidance, care and companionship of their loved one. 

Our lawyers are experienced in Wrongful Death and serious injury claims.  We take on major claims throughout Ontario.  If you think that you may have a claim for the wrongful death of a loved one, call us any time for a Free, no obligation consultation, or request a Free Consultation online.  All consultations are  confidential and private.  

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 so pleased to welcome Corey R. LeBlanc to our growing team of professionals at Iacobelli Law Firm. Corey joins as a lawyer-candidate articling with the firm.  

Corey was raised in the Village of Norwood, Ontario, and  holds a Bachelor of Arts with Honours in Economics (B.A. Honours) from Trent University, where he graduated with distinction on the President's List, and made the Dean’s Honour Roll every year of his degree. Corey earned his Juris Doctor (J.D.) from Osgoode Hall Law School - one of the top-ranked law schools in the world. During his law studies, Corey distinguished himself from his peers with his significant extracurricular involvement and leadership. Notably, Corey served as the Managing Editor of Osgoode Hall Law School’s student newspaper - the longest running law school newspaper in North America - Obiter Dicta. Likewise, Corey was elected to serve as the Vice President (Finance) of Osgoode Hall Law School’s chapter of the Runnymede Society, and Corey was also selected by Osgoode Hall’s student association to serve on behalf of his peers on Osgoode Hall’s faculty hiring committee. 

Additionally, during his time in law school, Corey graduated from Osgoode Hall Law School’s taxation law program, with a specialized focus on international taxation. This provides Corey a uniquely intimate understanding and knowledge of inter-jurisdictional legal matters. During his time in the taxation law program, Corey co-founded Osgoode Hall Law School’s taxation law website and blog, with Professor’s J. Scott Wilkie, and Jinyan Li.

In his spare time, Corey enjoys reading history, following politics, cheering for the Toronto Maple Leafs or the Toronto Blue Jays, playing competitive e-sports, and spending time with his family, and his wonderfully active and loving Siamese cat, Persia.

Our clients will benefit from Corey's efforts as he assists injury victims in matters involving serious motor vehicle accidents, premises liability, wrongful death claims, municipal liability, insurance disputes, nursing home negligence, and other complex accident claims.