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Today's topic is contingency fees and how do you afford to pay your lawyer if you have been involved in a serious accident? So many people who contact our personal injury law firm have just been involved in a serious accident, whether it's a car accident, motorcycle accident or a slip and fall accident, and they are dealing with a whole host of problems, worries and concerns. Maybe you are unable to work and you are not sure how you can pay your bills. How Can I Afford A Lawyer after an Accident? One of the biggest concerns people have is, how can I afford to pay a lawyer when I have to worry about paying my next bills, paying my mortgage, my rent, expenses, etc. That is a really important question and one that we want to take time to answer fully for you. It's a question we spend a lot of time on during our initial consultations, which are also free. What Is A Contingency Fee Agreement? You may have heard lawyers advertising, No Win, No Fee or You Pay Us Nothing Unless We Recover Money For You or otherwise refer to a contingency fee agreement. What they're all talking about is really the same thing, a contingency fee agreement, which means you don't pay your lawyer anything, unless your lawyer is successful in recovering money for you at the end of the case. And it's actually really as simple as that. With a traditional lawyer contract, lawyers would typically get paid by the hour, and many lawyers in Ontario charge hundreds of dollars per hour for their services. With an hourly rate, the client pays for all the time spent on the file, including every call, or email, and anytime the lawyer or staff work on your file. The client is also billed as the case progresses. A contingency fee agreement doesn’t work like that. What Is Covered In A Contingency Fee Agreement? In our firm, you will not get any bills from us while your case is progressing. We're not going to charge you for phone calls, meetings, letters, or any of the time that your lawyer spends on the file, or even the staff, paralegal or law clerk time on advancing your case. You never have to be concerned with getting a bill for the many hours that we work on your file. In addition, we will pay all of the expenses to advance your case, to get it moving forward, and to get it to a successful resolution. That would include things like the cost of retrieving medical records, filing fees at the courthouse, process servers for serving documents, transcript costs... the list goes on and on. At the end of the case, you never have to worry about how much time your lawyer's put into the case. How many phone calls you had, or letters, or attendances at hearing or meetings. You never have to fear that your lawyer's bill is going to exceed the value of your case because your bill will be very clear. It's going to be a percentage that you and your lawyer agreed upon at the outset. So at that very first meeting or whenever you decide to hire your lawyer, you'll have an opportunity to discuss with your lawyer the agreement and that will include a percentage on a contingency fee. So at the end of the case, you will only be paying lawyer's fees based on the percentage that you've already agreed upon with your lawyer. What If My Case Goes On For Years? With a contingency fee agreement it doesn't matter how long the case takes to conclude, because we are there with you whether we can get it done in a year or less, or whether it's going to take us four or five years. Sometimes, unfortunately, litigation can go on for years. And we are going to put in whatever amount of time and effort is needed to get your particular case to a successful resolution for you. And, as the client, you don't have to worry about the extra time costing you more money. Contingency Fees Are Regulated In Most Jurisdictions It's also important to note that in most jurisdictions, including Ontario, regulate contingency fee agreements. So that means the language in the contract you signed with your lawyer has already been approved by the regulatory body. Every lawyer has to give their clients accompanying brochures or statements whenever they enter into a contingency fee agreement. This is all done to protect the client, and make the contingency fee agreement clear and understandable. Equal Access To Justice For Everybody Serious injuries and accidents can affect anybody. With a contingency fee agreement, you don't have to worry about whether or not you can afford to hire the best lawyer for you. This give greater access to justice, because no matter your financial situation, you can have peace of mind knowing that you can retain and hire the best lawyer for you. Have Questions? Contact us today! If you've recently been involved in an accident, and you're wondering whether you should speak to a lawyer, call us for a Free Consultation. Learn more about the contingency fee agreement and how we can help you. We're available 24/7, you can call our office to request a free consultation at 1-866-234-6093. 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".
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Cross Border Injury Lawyer Discusses: Where Can You Sue for an Accident in a Foreign Country?10/2/2022  Residents of Ontario, Canada enjoy travelling, particularly to escape the winter weather. While these sun soaked vacations are usually great experiences, there are some occasions when injury occurs while out of the country. This can be due to a car accident, or an injury that occurs while on a vacation resort. The question that is often asked by the Ontario resident is, can I bring a lawsuit in Ontario for an accident that happened in a foreign country? This is an excellent question, and one that has been the subject of consideration by the Supreme Court of Canada. The answer, unfortunately, is it depends. Like many issues in law, there are many factors that need to be considered when determining where a lawsuit can be filed. This area of law is known as conflicts of law, and it requires a careful analysis of the facts and circumstances in the particular case.
In the leading case of Club Resorts Ltd v Van Breada, 2012 SCC 17 (CanLII), [2012] 1 SCR 572 the Supreme Court of Canada enumerated factors to be considered when assessing whether an Ontario court could exercise jurisdiction for an accident that occurred abroad. In this case, the accident occurred while on a resort in Cuba. The defendants argued that Ontario courts did not have jurisdiction and that Cuba was the more appropriate forum. In rejecting that position, the Supreme Court of Canada found that, under the circumstances, the Ontario court did have jurisdiction to hear the case. According to the Supreme Court, the common law real and substantial connection test, requires that the party arguing that the court should assume jurisdiction has the burden of identifying a presumptive connecting factor that links the subject matter of the litigation to the forum. In the case of a tort (personal injury matter), the Court outlined the following factors as presumptive connecting factors that, prima facie, entitle a court to assume jurisdiction over a dispute: (a) the defendant is domiciled or resident in the province; (b) the defendant carries on business in the province; (c) the tort was committed in the province; and (d) a contract connected with the dispute was made in the province. If jurisdiction is established according to the factors listed above, the claim may proceed, subject to the court’s discretion to stay the proceedings on the basis of the doctrine of forum non conveniens. That means, the defendant will still have the opportunity to have the case dismissed on the basis that there is a more appropriate or convenient forum. As the Supreme Court of Canada noted in Club Resorts Ltd v Van Breada: "If a defendant raises an issue of forum non conveniens, the burden is on him or her to show why the court should decline to exercise its jurisdiction and displace the forum chosen by the plaintiff. The defendant must show that the alternative forum is clearly more appropriate and that, in light of the characteristics of the alternative forum, it would be fairer and more efficient to choose an alternative forum and to deny the plaintiff the benefits of his or her decision to select a forum. " As the above reveals, cross border injury cases are unique and present special factors that need to be thoroughly explored. We are leaders in cross-border injury litigation. We have represented countless Canadians injured outside of Canada, and we may be able to help you . To learn more, call us for a Free Consultation. Our phone lines are answered 24/7 - call us now toll free at 866-234-6093 or complete our online contact form here to get started. 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 the lawyers that other lawyers turn to for cross-border accidents. If you are a Canadian that was injured in the United States, we can help. Andrew Iacobelli has been called "The Snowbird Attorney", because he regularly assists Canadians that are injured while down south in Florida. With offices located in Ontario and Florida, we are uniquely suited to meet all of the needs of Canadians that are injured in Florida. Cross border accidents involving Canadian residents injured in the United States can be difficult, and often require proceedings on both sides of the border. Many Canadians do not realize that they may be entitled to claims and benefits both in the United States and Canada. Similarly, lawyers that only practice in either Ontario or Florida, might not be able to assist with all aspects of the claim.  If you have questions about a cross-border accident claim, call the Snowbird Attorney, Andrew Iacobelli, for a free consultation. Andrew Iacobelli is also the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way" Call us 24/7 at 1-866-234-6093 to request a Free Consultation.
In our latest YouTube video (below), personal injury lawyers Andrew and Colton discuss Slip and Fall accidents in commercial settings such as a plaza, supermarket, retail store, shopping mall, etc.
What are the steps you need to take immediately following a slip and fall incident and how do you file a report? Learn about the most common injuries in slip and fall cases and why it is so important to document all injuries and collect evidence of your surroundings and witness contact details.
What To Do Following a Slip and Fall Incident
Why it’s important to report your slip and fall incident ASAP There is a specific time period that we have to provide notice to the potential defendants in the slip and fall case. It’s important to note that on slip and fall/ trip and fall cases in particular, time is critically important and very short as compared to some other injury type claims. Property owners need to be given notice very shortly after so it is important to document your accident in an incident report immediately. Many people are unaware that once these notice periods are up and no notice is provided, it might bar you from ever submitting a claim and recovering any damages from potential defendants. Have More Questions About a Slip and Fall Accident? Call Us for a FREE Consultation. Our Personal Injury lawyers are experienced in serious injury claims throughout Ontario. 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".  With young children in elementary school and pre-school, I have occasion to be in school zones and community school zones regularly. I drive my children to school in the morning. The areas around the school are clearly designated as school zones and community safety area, with reduced speed limits. There are elementary school kids and high school children walking to school in plain view. Despite the signs, and the presence of kids, some drivers continue to speed through the areas as if they are on a rural road. Many of these drivers are travelling at more than double the posted speed limit.
As a personal injury lawyer serving Toronto and the GTA, I have seen far too many tragic cases involving school children and other pedestrians struck by cars. There are good reasons for motorists to be warned to slow down and exercise caution near schools. One important reason is that kids simply are not as experienced as adults and, generally, kids are less able to protect themselves from the dangers of vehicle traffic. We all know that children do not appreciate and recognize dangers the same way that an adult does. Drive With Extra Caution Ontario school-age children will be returning to school and with the resumption of school, there will be many school children walking to and from school. For drivers, it is important to drive with extra caution and attention, particularly during morning and afternoon and in residential and school areas. Keep in mind that young children are unable to fully comprehend and appreciate the risks of crossing streets. Children are also far less able to predict the path of vehicles due to their lack of experience. Although some intersections have crossing guards, the majority of streets around schools are not guarded and children will be crossing independently. Sadly, Toronto and the GTA has had tragedies in recent years as school children have been struck by cars while walking to and from school. Let's all do our part to make sure the return to school is safe and enjoyable for our children. To all of our Ontario teachers and students, we wish you a safe and enjoyable school year! Our Personal Injury lawyers are experienced in serious injury claims throughout Ontario. If your child has been 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". Now that COVID restrictions have eased, many Canadians have resumed travelling to the United States for vacation and work. Unfortunately, sometimes car accidents can happen while travelling. Although we are most known for helping Canadians injured in Florida, we have actually worked with Ontario residents injured throughout the United States, not just Florida. By nature of the border with Michigan and New York, we see a lot of cases involving Canadians involved in car accidents in these neighboring states. We are proud that many of our cases come to us from US based personal injury attorneys. Many US attorneys involve us early in the the process to assist their injured clients with first-party not fault benefits, and the Under insured Motorist (UIM) claim. Often, we are consulted only after the under insured motorist carrier fails to respond to repeated demands.
With UM and UIM claims in particular, it is important to observe that Ontario auto insurance companies will routinely contest jurisdiction in a US court. We have seen Ontario insurance companies successfully defeat jurisdiction for the UIM claim when an Ontario resident attempts to include their Ontario auto insurer in an action against the at-fault party in the United States. The usual argument from the insurer is that the court lacks jurisdiction because the claim for the underinsured coverage sounds in contract law rather than tort law. As such, it is important for US counsel representing Canadians to pay attention to the statute of limitations on UIM and UM claims and ensure that those claims are preserved in the event that their client needs to bring an action in an Ontario court. The statute of limitations will start to run as soon as a demand is made for payment from the underinsured or uninsured coverage. Ontario auto insurance policies usually have generous underinsured and uninsured motorist coverage. It is common to see coverage in the amount of one million dollars or more. As such, if you are a Canadian injured in the United States, you should consider whether you will need to make a claim for underinsured motorist coverage. Our Personal Injury lawyers are experienced in cross-border accidents. 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".  Iacobelli Law Firm is pleased to welcome Shirlene McKay as our newest addition to our team as our Client Care Coordinator. Shirlene has extensive experience dealing with vulnerable clients working in the healthcare industry for over 15 years, and in addition, she also has a legal background with experience as a legal secretary. Shirlene is also a survivor of a horrific motor vehicle crash, and her experience recovering from a serious collision provides valuable insight to our clients and she understands first hand, the emotional hardships experienced by victims of personal injury and the effect it has on their families.
Shirlene is a valued member of our team and assists our lawyers with providing exceptional service to our clients. We believe that her role as a Client Care Coordinator will be a smooth transition and will be an added value to our client service. Injured in Accident in USA and Insurance Company Asking You to Choose Benefits - What You Should Do3/29/2022  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:
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:
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:
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". |
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Richmond Hill, Ontario L4B 3H7 |
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