Iacobelli Law Firm is pleased to announce that lawyer, Colton M. Leung, has been elected to serve on the Board of Directors for the YRLA. Colton was selected at the Annual General Meeting held on November 18, 2020. Colton is proud to serve in his local Law Association, and is looking forward to serving his professional colleagues in this capacity. Colton M. Leung is a civil litigator with practice emphasis on representing victims in regard to personal injury and wrongful death claims throughout Ontario. In addition to motor vehicle accidents and slip and fall accidents, Colton regularly represents the victims of nursing home neglect and injuries.
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Many Ontario residents have employee benefits including short term and/or long term disability benefits. A Long Term Disability insurance plan is supposed to provide income continuation benefits in the event that you are unable to return to your job because of an injury or sickness that results in disability. Many of these LTD plans are insured through large insurance providers.
If your LTD claim has been denied or delayed by the insurance company, you may have rights to enforce the contract and recover the benefits that have been withheld. In these claims, waiting too long to get the advice of a lawyer can negatively impact your chance of success. As with all civil claims in Ontario, there are deadlines for commencing a legal action to enforce your rights if you are denied long term disability benefits. Time is never on your side. Even though the insurance company may have expressed a very thorough reason for denying your claim, you may not have to accept their conclusion. You and your treating doctors know your state of health better than any insurance company ever will. If you continue to be of the view that your injuries prevent you from returning to work, don't let the insurance company force you to return to work before you are healthy enough to do so. Get Help Today With a Free Consultation An experienced lawyer in disability claims can assess your claim and help you to understand and enforce your rights. We offer prospective clients a Free, no obligation, consultation with an experienced disability claims lawyer. If we can assist with your case, we will often be able to offer representation on a contingency fee basis, so that you pay nothing up front and pay no fees to us unless we are successful in recovering money for you. To learn more about how we can help with your disability claim denial, call us for a Free Consultation at 1-866-234-6093 or complete our online contact form here. We represent clients for disability claim denials throughout the Province of Ontario. If you were injured in a car crash, you may be considering contacting a personal injury lawyer to help you obtain compensation for your losses. How soon should you meet with a lawyer? From our experience, those individuals that get the help of a lawyer immediately or shortly following a car accident are more likely to have a successful outcome in their case. This does not necessarily mean that your case will conclude sooner, but the ultimate outcome may be better when you have advice and guidance from a lawyer throughout the process.
Whenever someone is injured in a car accident, they will be dealing with experienced and sophisticated insurance companies and their representatives. Very often, the insurance companies will be taking steps that tend to minimize the value of an injured person's claim. With advice and guidance from an experienced injury lawyer, the insurance company will be held accountable throughout the process. This can make a big difference to the success and outcome of a claim. With that said, even if you have waited a long time, it is important not to delay any further. Get advice now to help protect your rights. There are time limits to commence claims following a car accident, so time is never on your side. If it has been a year or more since your injury, you should get advice immediately. Your lawyer will need time to obtain and review documents and records to properly assess your claim and provide advice. If there is a looming deadline, some lawyers will not be interested in taking on your case. For all of these reasons and others, it is important to call a lawyer as soon as possible following a car accident injury. Many car accident injury lawyers, including our law firm, offer free consultations with no obligation. You can have a free consultation with an experienced lawyer that is completely confidential. There is no reason not to get the advice immediately and see if you have a case. If our firm takes on a personal injury case, we always offer to represent clients on a contingency free retainer, which means we don't get paid a cent unless we recover money for our clients. To speak with a personal injury lawyer today, call our office 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. In the immediate aftermath of an accident, it is usually the physical injuries that are assessed and treated. If you experience long-term health effects, you will continue with doctor visits ongoing to learn coping strategies for returning to a normal life. Unlike physical injuries, however, the emotional injuries after an accident also require serious attention and appropriate treatment. Being the victim of another person's negligence can be very traumatic and can lead to serious psychological and emotional injuries. Often, these injuries are as disabling as a physical injury
Our Team at Iacobelli Law Firm, knows first hand the mental and emotional anguish unexpected accidents can have on you. Here are some tips to keep in mind while you recover. Learn about Post-Traumatic Stress Disorder (PTSD) We commonly associate post-traumatic stress disorder with people who undergo extreme stress, such as soldiers who have been in combat situations. However, PTSD can affect anyone who lives through something very traumatic such as a car accident. Not everyone who goes through something so stressful and traumatic will suffer from PTSD—and you may or may not experience these symptoms. Some of the most common indicators of PTSD include:
Children can experience PTSD differently than adults. Their symptoms could include some of the following:
There are a variety of treatments available for PTSD. Your mental health professional can recommend cognitive behavioral therapy or psychotherapy to help you manage your symptoms, among other things and can also teach you pain management techniques that may help. Learn How to Manage Anxiety Whether or not you have PTSD, heightened anxiety after an accident is quite common. Recognize that anxiety is both normal and manageable. We recommend you try the following when you find yourself becoming anxious:
Take Care of Yourself You have just been through a very traumatic experience. It’s okay to give yourself time to cope. Be patient with yourself; as with physical injuries, emotional scars take some time to heal. Suffering silently can only add to your mental anguish and distress. Talk to a trusted friend or family member about your experience and how you are coping. Just make sure someone is available to help you process your anxiety and emotions. It can also be helpful to find a therapist who can help you work through your issues. They are qualified to give you advice on managing your stress and coping with your trauma. Similarly, you deserve to be compensated for all types of damages incurred. Talk to your personal injury lawyer about how the accident affected your mental health to make sure you receive the treatment you need and deserve. If you have been seriously injured in an accident, Iacobelli Law Firm has extensive experience representing families who have been injured and we realize how difficult and life-changing it can be for you and your family. We are a dedicated Ontario Personal 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 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. Michigan and Ontario share a common border and, not surprisingly, during ordinary times there is a lot of travel between Michigan and Ontario. The border is one of the most important land crossings for the transportation of goods between the United States and Canada. Additionally, many travelers going between East and West cross through Michigan and Ontario on route to their destination. Unfortunately, sometimes motor vehicle accidents can occur while someone is travelling outside of their home state or province.
If you are a Michigan resident that has been involved in a car accident while travelling through Ontario, you may be wondering what rights you have. Another common question is whether you need an attorney in Michigan or Ontario. In this short article, I’ll try to share some information about your rights if you are a Michigan resident injured in an accident in Ontario, Canada. This is a particularly interesting area of practice for me, as I have close ties to both Ontario and Michigan on a personal level, and on a professional level. I have lived in both Ontario and Michigan, and I am a licensed attorney in both jurisdictions. My experiences working as a lawyer on both sides of the US-Canada border fostered an interest in cross-border accident claims. The first thing that a Michigan resident should know is that they do have the right to bring a claim in Ontario against an at-fault driver that causes an accident and injury. These claims are governed by Ontario law and must be advanced in Ontario, Canada. Nonetheless, you can advance this claim through an Ontario lawyer without being physically present in Canada. In fact, in the vast majority of cases, the Michigan resident does not need to physically attend in Ontario throughout the duration of their claim. Most proceedings can occur via video conference, and most cases settle outside of court. An injury claim in Ontario is usually paid by the insurance company for the at-fault vehicle. Most vehicles in Ontario have substantial insurance limits, usually in the amount of One Million Dollars or more. There are unique features with Americans injured in Canada, particularly when it comes to damages claims and medical expenses. We have experience helping Americans and Michigan residents recover money for their losses. Often we need to help educate Canadian insurance adjusters about the unique features of US medical expenses and future care costs in order to maximize our client's recovery. If you are a Michigan resident injured in an Ontario, Canada car accident call us for a Free Consultation. We are happy to speak with you and provide a Free, no obligation, consultation so that you can have your questions answered. If you already have a Michigan attorney and require assistance with the Canadian aspects of your case, we invite your attorney to call us to see how we can assist. We regularly work with attorneys throughout the United States to assist with their cross-border accident claims. Call us toll free 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 is a licensed lawyer in the State of Michigan, Florida and the Province of Ontario, and restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. Seniors residing in nursing homes and long term care homes are there for comfort and support. These facilities exist for the purpose of providing the care and comfort that individuals may require in their advanced age. Many residents in nursing homes have mobility issues, which make them more vulnerable to falls. It is the duty of the nursing home to assess residents for falls risk, and implement a plan of care to help protect residents from falls. In our experience in handling nursing home negligence cases, we see many fall incidents that could have been prevented. Many times when we investigate the circumstances, we learn that the nursing home fall occurred because a plan of care or other procedures were not followed by nursing home staff. Unfortunately, in the elderly, a fall at a nursing home can result in serious injuries, including broken bones, head injuries, brain injuries, and sometimes even death. If a loved one was injured in a nursing home fall, you may be able to make a claim for the injuries or losses. Nursing homes in Ontario are insured for liability in the event that a resident or visitor is injured due to negligence. In addition to a negligence claim, you can also have the incident investigated by the Ontario Ministry of Health and Long Term Care. The Ministry will typically conduct an investigation and provide a report of their findings. You can make a complaint with the Ontario Ministry of Health and Long Term Care by calling the toll-free Long-Term Care ACTION Line at 1-866-434-0144. To learn more about making a complaint, you can visit the Ministry of Health's website here. It is also advisable to contact a Ontario lawyer that handles nursing home negligence and abuse claims. Iacobelli Law Firm may be able to help if your loved one has been injured as a result of nursing home negligence or abuse. For a free consultation contact us at 416-900-1070 or 1-866-234-6093. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. Iacobelli Law Firm is pleased to welcome Macey Schweller as the newest addition to our team. Macey is a law clerk, and brings a wealth of training and education to support our clients. Macey earned a paralegal certificate from Durham College before joining our firm. We believe that Macey's enthusiasm, energy and passion will be a great asset to the clients we represent. After a serious Ontario car accident, many people are unable to return to work. For most, The absence from work is temporary due to the immediate impact of the injuries. For some, however, a serious accident may render them incapable of ever returning to their prior job. In both situations, an immediate question often asked by a car accident injury victim and their family is “who will pay for the loss of income?”
Many Ontario accident victims wonder if their loss of income will be covered by Ontario Employment Insurance, their workplace disability benefits, the auto insurer, or some other insurance company. Like many issues in law, this question does not have a simple answer that fits all circumstances. Determining which insurance company will be responsible for paying loss of wages after a Ontario car accident will depend on the specific circumstances of the case. In a car accident case, Ontario auto insurance law provides Statutory Accident Benefits for all injured victims. For more detailed information on accident benefits, and what is covered, visit our website and search accident benefits. We have a lot of detailed information about accident benefits. For the purposes of this article, however, I will summarize that accident benefits provide some coverage for income replacement for an Ontario car accident victim that is unable to return to their employment. This benefit is usually limited to $400 per week. For those individuals that are fortunate enough to have workplace short term disability and/or long term disability benefits, then they will need to apply for those benefits as well. The auto insurance Statutory Accident Benefits is not responsible as the first payor in circumstances where the injured victim has available other disability benefits. What about EI sickness benefits? In the case of a car accident, EI will require the victim to apply to their Statutory Accident Benefits before seeking EI sickness benefits. In the event that EI benefits are paid due to a person’s inability to work because of a car accident, EI will usually seek repayment of the benefits paid out. If you or a loved one has been injured in a car accident and are unable to return to work, you probably have many questions about your rights. The income continuation benefit is just one of many issues that you may be facing at this difficult time. Learn more about your rights with a FREE Consultation from an experienced Ontario personal injury lawyer. There is no obligation, and the consultation is confidential. To request a Free Consultation call us 24/7 at 1-866-234-6093 or complete our online contact form to request a return phone call. We serve accident victims throughout Ontario. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. A common question we get from our Florida attorney colleagues is whether Canadian law requires notice to the Underinsured Motorist (UIM) carrier before settling with the at-fault driver's insurer in Florida. While Florida and many jurisdictions have specific legislation requiring notice to the UIM Carrier before settling with an underinsured tortfeasor, Ontario does not have any such legislation. As such, there is no strict requirement to provide notice to an Ontario UIM carrier before settling with an underinsured motorist. In most cases, however, the implication of settling with the underinsured motorist will result in a release, which would bar any right of subrogation on the part of the UIM insurance carrier.
In the case of Somersall v. Friedman, 2002 SCC 59 the Supreme Court of Canada considered whether a limits agreement with an uninsured tortfeasor, without notice to the UIM Carrier, precluded the plaintiffs from advancing a claim against the UIM carrier. In determining that the right to advance the UIM claim against was not precluded, the Supreme Court of Canada noted that "[t]he respondents have not interfered with the appellant’s rights of subrogation to such an extent as to deprive it of a right it acquired in the contract. Only a clear and unambiguous obligation upon the insured to maintain a claim in tort and not to waive it in exchange for a payment can support an interpretation favourable to the appellant." In support of its finding, the Supreme Court of Canada also emphasized that, "it has long been the law, in the absence of contractual terms to the contrary, that the insurer’s right of subrogation will not arise until the insured has been fully indemnified. Here, the appellant’s right of subrogation has not yet arisen, and in any event there is no evidence that the respondents did not honestly and in good faith believe that it was prudent and wise to enter into the limits agreement. Absent any evidence of actual or probable loss, the insurers should not be allowed to raise an alleged breach of subrogation rights in order to bar a claim made in good faith by the insured. Moreover, the plain language of the contract does not support a finding that the limits agreement interfered with a contractual right of the appellant. The only clear obligation on the insured is to “cooperate with the insurer” (except in a pecuniary way) in the pursuit of the action, but this obligation only arises once a payment has been made, and no payment has yet been made here." Should You Provide Notice to the UIM Carrier before Settling with the Underinsured Tortfeasor? Although the decision in Somersall v. Friedman provides that an Ontario resident injured by an underinsured motorist can settle without notice to the UIM Carrier, the question is should you provide notice? The short answer is yes. In our practice, we strongly encourage providing at least 30 days notice to the UIM Carrier before signing a release in favor of the underinsured party and their insurer. In the unlikely event that the UIM carrier wants to preserve their right of subrogation, they would simply advance the amount of money being offered by the underinsured party. In such cases, the injured party could still bring the UIM claim and the UIM carrier is free to pursue subrogation should they choose to do so. We recognize that some Florida attorneys conclude the matter in Florida for policy limits without notice to the Ontario UIM Carrier. In those cases, the injured Ontario driver would still be able to maintain their UIM claim, provided the settlement meets the standards set forth by the Supreme Court of Canada; namely, that it was done in good faith by the insured. Ontario UIM Claims arising out of Florida Car Accidents Must Be Pursued in Ontario Court One final point about UIM claims for an Ontario resident arising out of a Florida accident, is that these claims must be commenced in Ontario. Ontario UIM claims are also subject to Ontario law on damages, even though the claim arises out of a Florida or other foreign accident. If you suspect that you have a Underinsured Motorist Claim arising out of an accident that occurred in the United States, we may be able to assist. Andrew Iacobelli is a licensed attorney in Ontario, Florida and Michigan and has experience with cross border accident claims on behalf of Canadians and Americans. We regularly work with counsel throughout the United States and would be pleased to speak with you about assisting with your cross-border claim. For more information, please contact Andrew Iacobelli at 1-866-234-6093 Ext. 110. If you have an injury claim that is in litigation in Ontario, there is a good chance that your case will have a mediation. Cases filed in some Ontario courthouses, such as Toronto, Windsor and Ottawa, have mandatory mediation before the case can be set for pre-trial or trial. Whether mandatory or voluntary, the mediation process is an excellent opportunity for plaintiffs and their lawyers. Simply put, a mediation is a settlement discussion between the parties and their representatives. A mediator participates in the process in order to facilitate and encourage meaningful discussions and pushing the parties toward a resolution of the case. The mediator will usually be a lawyer with experience and knowledge of the issues pertaining to your case. In personal injury cases, most mediators have experience as practicing lawyers in the field of personal injury litigation. This will help the mediator communicate with the lawyers about unique issues on liability or damages that may be applicable to the particular case. Mediators cannot force you to settle your case - the decisions is always up to the client. Although mediators often talk about success and failure of the mediation on the basis of whether a settlement is achieved, I disagree with this view. For an injured person, success is not measured by whether the case settles at mediation - rather a successful mediation is one that achieves a fair result for the specific case. In my practice it is important for clients to understand that there can be a lot of benefit to a mediation even if settlement is not achieved at that time. When a case does not settle at mediation, the process can still be worthwhile. Preparing for and attending mediation brings issues in the case into focus and can help the parties narrow issues. The process can often help settle cases later, often for more money, or at least reduce issues for trial. It is important to listen to the advice of your lawyer when mediating a case. In the end, however, the injured client will make the final decision on whether to settle or say no to the final offer at a mediation. While mediation can be stressful for an injured party, it is really an excellent opportunity and you should not be discouraged if the case does not settle at mediation. We have seen many cases not settle at mediation and end up with very successful results for our clients in the end. if you have an upcoming mediation, you should be pleased that your case is likely well on its way to resolving. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada as well as offices in Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. |
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