If you have been on long term disability, your insurance carrier may be preparing to terminate your benefits after two years. Your disability insurance carrier may be leaving you with the impression that you are no longer eligible for LTD benefits after two years. You should know that this is not necessarily true.
While many disability policies have a change in definition after two years of continuous disability, you should be under the impression that you will no longer qualify. In fact, if your illness, injury or other disability has rendered you unable to work for more than a year, there is certainly a possibility, if not a likelihood, that you will meet the eligibility even after two years. If your Long Term Disability Insurance provider is indicating that you can go back to some other job or occupation, it is time to get some advice from an experienced LTD denial lawyer. Know your rights so that you can make an informed decision for your future. We offer FREE, no obligation consultations. We can review your Long Term Disability Policy and talk to you about your options. Call us 24 hours per day 7 days per week at 1-866-234-6093 or visit our website to request a Free Consultation. We serve all of Ontario.
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Iacobelli Law Firm is pleased to announce that Victoria Petucco has joined our team as an Associate Lawyer. Victoria is a graduate of Queen's University Law School, and previously worked for a Toronto insurance defense law firm. Victoria will be an asset to our civil litigation team, as she applies her passion for advocacy to the pursuit of justice for accident victims and their families. We are thrilled to have Victoria join us and we look forward to introducing her to our clients.
I cannot believe it has been nine years since I first established Iacobelli Law Firm. Since 2012, I have learned so much and I have so much to be thankful for. As I reflect upon the last nine 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. To recognize the Anniversary of Iacobelli Law Firm, our Founder, Andrew Iacobelli answered nine questions that we are pleased to share with you. What or who inspired you to go to law school and what year did you graduate? My dad inspired me to attend law school. Although he was not a lawyer himself, he had a lot of respect for the role of lawyers in our society. My dad enjoyed watching some of the top trial lawyers in the United States perform trials on Court TV. I vividly recall seeing Gerry Spence on television and other great trial lawyers of our era master the courtroom. When I was a child, my father would often remark that I would make a good litigator. I am not sure why he thought that my personality was suited for law, but he certainly let me know that I should consider a career in law. Those early experiences with my dad sparked my interest in the legal profession. By the time I was in high school, I was certain that I would attend law school and become a lawyer. I chose to attend law school at Michigan State University College of Law in East Lansing. The law school was very good to me; I was awarded a full tuition merit scholarship for all three years of law school. I earned memberships on both the International Law Review and the school’s competitive and highly ranked Moot Court and Advocacy Board. Attending Michigan State University College of Law was a great experience both academically and personally, and I would not have done it any other way. I graduated from law school in 2003. What made you decide to establish your own law firm in 2012 and why did you choose personal injury law? Following graduation from law school, I had the privilege of serving in a one-year clerkship position with the Honorable Judge Gerald D. Lostracco of the 35th Circuit in Michigan. Judge Lostracco was a great mentor, and probably the best team leader that I have ever met. It was this experience that really introduced me to real-life litigators, battling in the courtrooms for justice. What I also learned, however, is that most of the battles are won or lost before anyone enters the courthouse. I saw the work that the lawyers put into their written and oral submissions to the court, and realized that it takes tireless effort to build and prepare a case for success. I was hooked - my dad was right, litigation was for me. From Michigan, I moved to Florida and began my career as a litigator, initially representing hospitals and doctors in medical malpractice claims. I then moved to the largest insurance defense firm in the state of Florida, where I had an opportunity to work with one of the top trial lawyers in the State of Florida, a lawyer who it so happens was also featured on Court TV; namely, Mr. John Lurvey. John is an exceptional trial lawyer, and he reinforced for me the need for passion and hard work in preparing every case for trial. Although I enjoyed the people that I worked with, deep inside I knew that my efforts should be used to help the injured rather than help the insurance companies deny claims to deserving victims. In 2012, I established Iacobelli Law Firm and dedicated my practice to representing the injured. Over the last nine years, what are three things that you have accomplished that you are most proud of? There have been so many memorable moments over the past 9 years where I have learned lessons. My proudest professional achievements are as follows:
What is the most important lesson you have learned by establishing your own law firm? I have learned so much from our clients. I have learned about character, strength, resilience and adaptation. I have been inspired by clients. We meet our clients after a life-changing event, 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. If you could tell someone that was thinking of attending law school one thing, what would that be? If you are really interested in attending law school for the right reasons, then go for it. I highly recommend attending law school. A law degree is versatile, and it is almost limitless in terms of the possibilities for a career. Lawyers interact with people, government, and business in so many ways. How has your firm been affected by the pandemic? Were there any interruptions to service and what lessons has your firm learnt when dealing with a crisis? Like everyone, the pandemic has had an impact on the way we interact with clients, colleagues and the courts. Fortunately, we were able to respond quickly to the changes, because we already had in place the technology to work remotely. The courts have also adapted and introduced more technology to allow the administration of justice to carry on. Overall, there have been advances in our profession that were spurred ahead by the pandemic, which will remain with us. In my view, these advances have actually made the administration of justice more efficient and were long overdue. What is the most difficult part of being a personal injury lawyer and how do you handle it? The most difficult part for me is observing how our laws seem to be ever evolving toward favoring insurance companies over victims. Over the past 9 years, I have observed many significant legislative changes that have impacted the rights of injury victims for the seemingly financial benefit of insurance companies. This is sometimes referred to as tort reform, and it is happening in Ontario and in many places in the United States. Through organizations, personal injury lawyers try to inform the people and our government, so that hopefully balance can be restored between the interests of victims and the large insurance companies. Recently, you authored a book entitled, "Are you a Canadian Injured in the United States?" What do you hope injured victims will learn from your book? I authored the book because every year there are so many Canadians that are injured while travelling in the United States. Those victims often have no clear direction or answers to their questions. They are faced with complex issues because they may have claims in both Ontario and the United States. Even if they do find a lawyer, it is likely that their lawyer will not know about the unique cross-border issues that may arise. The book seeks to provide a road map and answer some common questions that Canadians might have if they find themselves involved in a car accident while in the United States. If you can tell an injured victim three things what would they be?
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 nine years and we look forward to continuing to fight for injured clients every step of the way. 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. In most Ontario injury cases where a settlement is reached, the settlement funds from the insurance company are delivered within approximately 30 days from the execution and delivery of settlement documents. In cases involving a serious injury sustained by a minor or someone who is mentally incapable of managing their finances, a structured settlement or payment into court would be considered. A structured settlement is one where payments are made over the course of a period of time, or over the individual’s lifetime. The goal of the structured settlement is to ensure that there is money available to the victim in the future for health care or life care expenses. These types of settlements require additional documentation to be prepared and the approval of the court.
How Do You Advise Clients On When It Might Be A Good Idea To Accept A Settlement Offer Involving Serious Injuries? In every case, our goal is to maximize the recovery for the client, which typically means working the case up as if it will eventually go to trial. Along the way, there will be opportunities to consider a settlement. There are many factors that lawyers will consider when advising clients on whether their case should be settled or tried to verdict. The factors and analysis are individual and undertaken on a case-by-case basis. Nonetheless, when opportunities arise to consider settlement, we will discuss all options with the client, assess their particular needs, and give them our professional opinion and advice so that they can be confident in their decision. For more information on Receiving Settlement in A Personal Injury Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (866) 234-6093 today 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 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. As an Ontario resident that has just been involved in a motor vehicle crash in the United States, there are some important steps you should take immediately to preserve your rights. By following these initial steps, you will be in a much better position to successfully claim for your injuries and losses.
1. Call the police and get an accident report prepared by a police officer. 2.,Get examined by a healthcare professional if you feel that you have sustained any injuries in the accident, no matter how minor they may appear. If an ambulance attends the accident scene and offers to transport you to hospital, accept the ambulance ride and go to the hospital. Injuries, including serious injuries, may not always be apparent in the immediate aftermath of a motor vehicle accident. 3. When you are released from the hospital, contact a personal injury lawyer with experience helping Canadians injured in the United States. Claims on behalf of Ontario residents injured in the United States present unique and challenging circumstances. These claims involve issues and questions surrounding the insurance coverage, choice of law, and venue, among other things. It is important to get advice as soon as possible so that you can make informed decisions and protect your rights. For more information on Resident Of Ontario Injured In The US, an initial FREE consultation is your next best step. Get the information and legal answers you are seeking by calling (866) 234-6093 today. 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. Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew Iacobelli represents victims, and families that have tragically lost loved ones, due to the negligence or recklessness of another person or corporation. Through his education and experience in the United States and Canada, he has had the privilege of serving clients with the unique circumstance presented by cross-border accidents. In those cases, he assists both Canadians who have been injured in an auto wreck while travelling to the United States, and Americans that have been injured while travelling in Ontario, Canada. When an accident occurs while travelling across the border, circumstances and confusion can be overwhelming for victims and their families. People are continuing to travel and the goal of this book is to provide guidance and assistance if you or your loved one has been involved in an automobile accident while travelling across the USA-Canada border. Cross Border Accidents Are Common If you have been in a cross-border accident, you are not alone. Cross border accidents are more common than most people realize. Unfortunately, accidents can happen anytime and anywhere. Every year, many Canadians are involved in auto accidents while visiting the United States. These auto accidents can occur while an occupant of their own automobile or motorcycle, while in a rental vehicle, or while as a passenger in a taxi or rideshare vehicle. Regardless of the circumstance of the auto accident, it is important for Ontario residents to understand that, with few exceptions, you are likely entitled to make a claim for your injuries and losses. In this book, Andrew discusses the first steps a resident of Ontario injured in the United States needs to take, how fault can impact an auto injury case and what you should expect if your case goes to litigation in the United States. The goal of this book is to provide guidance and assistance if you or a loved one has been involved in an automobile accident while travelling across the USA-Canada border. This is a book that seeks to explain some of the common issues and questions that arise when a resident of Ontario, Canada is injured in the United States, or when a U.S. Resident is injured while in Ontario, Canada. Order Your Free Copy Today We are thrilled to announce that Andrew's highly informative book, "Are You A Canadian Injured in the United States?" is now available to you. For a limited time, we are providing copies of this book for free. To order your free copy please feel free to contact us at 1-866-234-6093. The complexity in cross-border cases stems from the fact that the laws from various jurisdictions may apply to different aspects of the claim. It takes a lawyer with experience to untangle the issues and coordinate the claims. Andrew Iacobelli is a citizen of the United States and Canada, and has experience practicing law both in the United States and Canada. We are happy to speak to you and answer your questions. Fee free to call us to request a FREE CONSULTATION Call us 24-7 at 1-866-234-6093 or complete our online contact form here. 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. What is the Statute Limitations in Ontario for a Underinsured Motorist Claim (UM UIM Claim)?12/29/2020 The applicable statute of limitations for UIM claims and when the limitation begins to run has been the subject of considerable debate and legal analysis by the Courts in Ontario. The leading case in Ontario is from the Court of Appeal decision in Schmitz v. Lombard General Insurance Company of Canada, 2014 ONCA 88. That case addressed the application of the Limitations Act to claims under OPCF 44R. In Summary, that decision provided that the limitation period for claims under OPCF 44R start to run on the day after a demand for indemnity is made. The rational is that a UIM claim sounds in breach of contract and, therefore, the time limit for the claim will commence to run on the day after a demand for indemnity is made to the insurance company.
Despite this decision, it is recommended not to delay in commencing a claim for UIM coverage. If demand is made, you or your lawyer should be immediately prepared to issue the lawsuit against the insurance company to avoid missing the statute of limitations. Many underinsured motorist claims arise from accidents involving Ontario resides that are injured while visiting the United States. We have experience in these claims and regularly work with attorneys in the United States to pursue the Ontario UIM and first-party benefits claims on behalf of Ontario residents. To learn more, call me to discuss the facts of your particular situation. 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. This painting by American artist, Charles M. Russell hangs on the walls of Iacobelli Law Firm, and serves as a reminder to circle the wagons when making an offense. In many lawsuits that we commence on behalf of our clients, a decision is made to sue all parties with any relationship to the event at issue. For instance, in a car accident, all of the drivers and owners of the involved vehicles may be sued. Similarly, in a product defect case, the manufacturer, distributers and retailer would typically all be named as defendants in the lawsuit.
Sometimes, the information gathered suggests who the real target should be, but that is not always readily discernable. I was reminded from a very experienced trial lawyer, friend and mentor from New York, that lawyers are not to make findings of fact - that role is reserved for judges and juries. It is for this reason, that many trial lawyers, myself included, circle the wagons and sue everyone that had a real connection with the events of the case. This method guards against the risk of failing to name an essential party to the action. Most of the time, through the process of litigation and discovery, it becomes clear which parties should remain in the lawsuit, and which should be released. So, when you initiate your claim, remember to circle the wagons! 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. This has been a year full of challenges as our ways of working, schooling and spending leisure time have drastically changed over the last several months. On behalf of Iacobelli Law Firm, we are thinking about everyone around the world that has been deeply affected by the novel coronavirus (COVID-19).
As I reflect upon this past year, 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 over the last year. Although it may have been challenging at times, our Team persevered and continued to run a successful law firm. I am equally appreciative that our work and mission will continue into a new year and I want to take this opportunity to thank my staff who made this possible. During these stressful times, Iacobelli Law Firm worked differently, and harder than ever, to fight for our clients. Our Personal Injury Lawyers continued to attend multiple video conferences every week including Examinations for Discovery, Mediations as well as Court Hearings, and we are so grateful that we can advance claims on behalf of our clients with the aid of technology. Our Clients Are Courageous We understand how difficult it is to recover from an unexpected accident and how hard this year has been on our clients as they recover but they showed us how adaptable, resilient and courageous they truly are. We are thankful to our clients for putting their trust in Iacobelli Law Firm and as we think of each of our clients this holiday season, we are extending our best wishes to you and your loved ones for a safe and healthy future. A New Chapter This past year has also given me the opportunity to write a book entitled, “Are you a Canadian Injured in the United States?” It has been a dream to author a book. Through my education and experience in the United States and Canada, I have had the privilege of serving clients with the unique circumstance presented by cross-border accidents. In those cases, I assist both Canadians who have been injured in an auto wreck while travelling to the United States, and Americans that have been injured while travelling in Ontario, Canada. The goal of this book is to provide guidance and assistance if you or a loved one has been involved in an automobile accident while travelling across the USA-Canada border. Although many Canadians are staying home this winter, there are still many that are heading south. I am excited to share with you that my book will be released this month. Our Personal Injury Lawyers Are Available Throughout the Holiday Season We have weathered many challenges in our history, and while this may be one the most difficult we have faced, I am also seeing positive change and a new future ahead of us. I believe that we are becoming stronger – more inclusive and efficient. As this outbreak continues to evolve, we want to ensure you that our Personal Injury Lawyers continue to offer free consultations and support through this difficult time. Our Firm values the health and safety of both its employees and our community. On behalf of Iacobelli Law Firm, we wish you and your family a safe and enjoyable Holiday Season and we look forward to continuing to support our community in 2021. Our Personal Injury Lawyers understand how important it is to be available to our community at all times especially during the Holiday Season and Iacobelli Law Firm realizes how difficult and life-changing it can be for your family when you are involved in an unexpected accident. We are a dedicated Ontario Personal Injury Law Firm that provides compassionate and competent legal counsel for the injured throughout Ontario 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 and 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. Ontario residents injured in a crash involving an out-of-province or U.S. based transport trucks, tractor trailers or semi truck have rights to recover for their losses. Accidents involving tractor trailers occur often throughout Ontario highways. Often, these accidents will involve trucks or drivers from another province or state. For injured Ontario residents, it is important to know that you have rights to recover for your injuries or losses. In fatal accidents, family members will also be able to advance a claim for the loss of their loved one. Out of province transport trucks travelling on Ontario highways are subject to the same laws as Ontario vehicles and drivers. Ontario residents that are involved in a crash with a tractor trailer may be able to advance both no-fault and at-fault insurance claims. Tractor trailer accidents are not the same as crashes involving passenger vehicles. Transport trucks can, and often do, cause serious injury, death and property damage on roadways. These vehicles are involved in trade and commerce and are usually defended by large corporations, their insurance companies and lawyers. Even in a seemingly straight forward collision, the special interest defending these claims will go to great lengths to find avenues to defend the conduct of the truck and it's driver. It is common for truck accident cases to have accident reconstruction experts, bio mechanical experts and/or human factors experts. In many cases, insurance companies will deploy resources immediately following the notice of a serious accident involving injury or death. All of these efforts are made by and on behalf of the trucking company in order to defeat or limit the claim of the injured victims. For these reasons, it is important to have an experienced truck accident lawyer working for you and your family as soon as possible following a crash involving a transport truck. If you have been injured due to the fault or negligence of a truck, do no delay - request a FREE Consultation with a trucking accident lawyer today. We offer a FREE Consultation so please feel free to call us 24/7 day or night at 1-866-234-6093 or complete our online contact form here. 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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