In our recent YouTube video and Podcast, we discuss Ontario long-term disability claims and what your rights are if your Ontario Insurance Company has denied your application for long-term disability benefits. We hope you enjoy this episode and find it informative. As always, if you a question about your own situation, call us day or night for a Free Consultation. What are Ontario Long Term Disability Claims? Andrew: So Ontario long-term disability claims, why don't you talk to us a little bit about what those are and how we get involved in those kinds of cases? Colton: Whenever you are involved in an accident, let's say a motor vehicle accident or a slip and fall injury, and you have long-term disability through work or through another insurance company. You're able to apply to these long-term disability benefits and you get compensated for your time that you miss off of work for that specific injury. Andrew: Client comes to us specifically for a long-term disability claim that's been denied. Colton: Mm-hmm. Andrew: Another scenario would be where we're representing the person in connection with another injury, whether it's from a car accident, slip and fall, or a defective product or whatever it might be. And then it just evolves that they're unable to return to work for an extended period of time. And then an application has to be made for long-term disability as long as the carrier of the insurance companies pays those benefits. Our role is really just to support it . What happens when the insurance company determines a person is no longer eligible for long term disability? Andrew: So what happens though if the insurance company's been paying it for six months or eight months or maybe more, and then they either get the person assessed or they get some new medical records and they make a determination the person's no longer eligible? Colton: We are able to assist in trying to reverse that denial. So we basically, we advocate on your behalf. We obtain clinical notes and records. You know, we might get some expert reports to show the insurance company and to prove to them that you are disabled from working, you know, your employment or any other employment. And we're gonna get to that a bit later just because the test does change, you know, usually after the two year mark. But we try to advocate on your behalf to have ongoing entitlement of benefits or in the alternative long-term disability carriers they much rather prefer to, you know, resolve the claim in its entirety and pay you for five years down the road in total or whatever the time frame is. Andrew: Unlike other areas of law that we practice, long-term disability is, although they're, they're similar oftentimes each one is different. They have different tests, different languages, different quantum, some are taxable benefits, some are non-taxable. So it's really important for us to get a hold of the contract itself and read the language. And then kind of strategize what's the best avenue to prove this case. Right? Because at the end of the day. We're trying to prove that the insurance company is in breach of the policy or in breach of the contract. What are the tests or requirements to be eligible for long term disability claims? Andrew: What are some of the tests that you typically see in long-term disability to be eligible? Colton: Within, let's say the first two years or 104 weeks. The test is you are considered to be disabled if you are completely unable to return back to your own form of employment. So for example, let's say your employment at the time of the accident or at the time of your disability or injury, is a nurse, right? So the test is that you can't go back to working as a nurse within the first two. The test changes to not being able to go back to any form of employment of which you are suitable by way of training, employment, education, et cetera. Andrew: Generally, the test is less restrictive in the first two years and after the two years it becomes more restrictive, harder to meet that test. How does retirement affect long term disability benefits? Andrew: I think I would also say there's things that people could do that would terminate your benefits sooner. Right? So it will, oftentimes these policies are written till age 65 or retirement, whichever is sooner. So sometimes people might make the mistake of retiring. Maybe they're near retirement, they're fighting with their disability carrier not paying, and then they say, well, maybe I can get a pension. Maybe I'll quit this job, or something else. Colton: Or severance package or something. Andrew: Right? But those steps could actually undermine your claim. Could actually eliminate your claim for future benefits. If you are thinking of making a decision like that to quit or to retire early and you have access to a disability plan, even though it's been denied. Speak to a lawyer first because you might be giving up a lot of money. And then I think it's also important to stress that all of these contracts are different. So while we're talking about what we generally see or oftentimes see. It's really important that we look at the contract and see what the specific terms of that policy are. How to get your long term disability benefits restored if they have been denied Andrew: In most cases, do you have to file a lawsuit to get them to restore the benefits? Colton: Yes. 99% of the time we do have to issue this statement of claim, or in other words, file a lawsuit, before the insurance company gets in touch with us. And then we try to you know, explain to 'em the situation, provide them with documentation, medical documentation. You know, if they're of the opinion that you're still not disabled, then we proceed to litigation and go through the normal recourse and normal steps of pushing it forward in the litigation realm. Long term disability claims in connection with personal injury claims Andrew: Now what happens if the long-term disability claim is connected to another injury? So here's an example. A client comes in, they were in a serious car accident. In the beginning they're off work, they're on short-term disability, they use up all of their sick time. And then as time goes on, unfortunately they are unable to return to work and so they also commence a claim for long-term disability. We have this claim going on to recover money because they were injured in a car accident, but now you also have concurrently another claim going on for long-term disability. Colton: Most of the time the insurance company or the lawyer for the motor vehicle accident claim would also want to know what's happening with the long-term disability claim. Just because they do go hand in hand. Let's say long-term disability indicates that you are still unable to return back to work and you're deemed disabled. Actually helps because it actually shows this individual is unable to return back to work because of the motor vehicle accident. Andrew: The acceptance of long-term disability or the success of that claim can lend itself to more success in the other claim. Colton: Mm-hmm. Double Recovery and Long term Disability Claims Andrew: But what about double recovery? Talk a little bit about set offs and how those two relate to the recovery. Colton: So generally speaking, if you do recover let's say future income loss or pass income loss from your long-term disability claim. The motor vehicle accident claim they're allowed a set off for whatever the long-term disability carrier paid you. Because you can't recover the same amount of money from both sides. Even if there is, you know, a setoff. Nonetheless, it does help with the motor vehicle accident claim in itself because it does make it stronger. Andrew: And also if there is no dispute with the long-term disability carrier and you settle with the at-fault party on whether it's a car accident or a slip and fall or something else. You're not paying fees on that amount of money that's being paid by the long-term disability carrier on an ongoing basis. So for instance, as your lawyers we would charge you fees for the work we do in settling let's say the car accident case. But if the long-term disability has accepted you as disabled and is continuing to make those interim payments to you, we're not charging you anything on that. Colton: Mm-hmm. Andrew: So the client gets that money without paying a lawyer. The only time we would collect a fee on that is if it got into litigation. If we had to resolve the case or file a lawsuit or, or something of that nature. Time limitations for filing a lawsuit if your long term disability claim has been denied Colton: It's also important to note that whenever there is a denial from a long-term disability carrier, they would send you a denial email or denial letter listing their reasons for your denial and the date that it's denied on. And this date is very important because there are time limitations and due dates for us to commence a lawsuit within a specified period of time. Andrew: Fatal mistake is, sometimes where a client tries to deal with it on their own and get some supplemental records. And in the meantime, precious time is going by and sometimes if you get to a lawyer late, even if the hard deadline hasn't expired, a lot of lawyers just won't take that case because they don't want the risk of taking on a case without ample period of time to properly investigate it and obtain all the information necessary to file a lawsuit. I think that's a really important point. Do not delay. Get a consultation with an experienced lawyer soon. What are the reasons you may be denied long term disability? Andrew: So some of the reasons that we see where people have been denied long-term disability. From my perspective, very often it's because of a lack of just medical support. Colton: Lack of following doctor's advice for treatment. Because an insurance company, they're of the opinion that if an individual isn't continuing on with their treatment or on doctor's advice. They're not really as injured as they are, or they're not disabled because they're not seeking medical treatment that was referred to them, or recommended to them by their treating family doctor. Andrew: To an insurance company, that's an opportunity because now you don't have treating doctors to say you have this ongoing injury or disability. So the insurance company will use that as an opportunity to kind of supplement with their own opinions. Protect Your Rights: Bringing a claim against an insurance company Andrew: The topic of long-term disability is really specific to your particular policy of insurance. And so it's important if you've been denied or your claim is being delayed or the insurance company's questioning whether to continue paying you or proposing changes to your benefits to seek the advice of a lawyer. Just sit down with a lawyer, have them review your policy. Get advice so you can make an informed decision. And most importantly, protect your rights in the event you have to bring a claim against that insurance company. Have Questions? Contact us today! Colton: If you have any questions, please don't hesitate to reach out to us at any time. Our contact information is listed below. Iacobelli Law Firm realizes how difficult and life-changing it can be for your family when you are disabled from working. 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 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".
0 Comments
In our recent podcast, our car accident lawyers discuss Hit and Run accidents. Specifically, we discuss what happens if you're involved in a hit and run and what recourse do you have? The following are some important tips if you find yourself the victim of a hit and run accident. Call The Police To Report And Document The Hit and Run Accident The first thing that you should do is always call the police so that they can come onto the scene to obtain a motor vehicle accident report documenting that you were involved in a hit and run accident. It's important to realize that a hit and run accident also starts off as an unidentified driver, unidentified vehicle accident. These types of accident are more common than people think. With an unidentified vehicle, it will have implications the claims process. So it is really important to get an early investigation done on the hit and run accident. You want the police out there so they can speak to witnesses. Sometimes there's physical evidence on the scene of the accident. There may be surveillance cameras in the area that captured your accident. There could be cars with dash cams that drove by the area and captured video of the other vehicle. What starts off as an unidentified vehicle sometimes leads to the police identifying the driver, or at least identifying the vehicle. As car accident lawyers, we also do investigations to try to identify the vehicle involved in the crash. We try to speak with witnesses that saw how the accident occurred. Plate searches if they remember the plate. If there's just no way of ascertaining what vehicle was there and who the driver was, it's important to know that even in that circumstance, you may have a claim. A lot of people think that if a car fled the scene and is never located, that they're out of luck, but in many instances you actually still have a lot of rights to seek compensation for your injuries through insurance companies. First Party Claims- No Fault Benefits There are no fault benefits even in hit and run accidents. That is, you are entitled to certain medical rehabilitation benefits, and income replacement benefits if you're unable to return to work as a result of your accident. Those rights are the same whether or not the car is identified or not. These first-party benefits are available to everyone, with few exceptions, irrespective of how the accident happened. Underinsured/ Underinsured Motorist Coverage If the car flees the scene and is never found, the good news is you could still, in many instances, have a claim against insurance. And that's a really unique coverage, we refer to it as UIM. Underinsured or uninsured motorist coverage. In a UIM coverage situation, your own insurance company would act as the at fault party's insurance company and therefore you would seek damages and compensation through your own insurance company instead. Hit and Run Accidents Involving Cyclist or Pedestrian What if the situation is something like a car striking a bicyclist or a pedestrian? Even if it's a cyclist or a pedestrian, your own insurance company would still cover you. Hit and Run Accidents Involving Uninsured Individuals What happens if you are injured in a hit and run accident, and you do not have your own auto insurance policy. Do you still have a claim? In most circumstances you will have the right to benefits and insurance claims for your losses and injuries even if the other vehicle is unidentified and you do not have insurance of your own. MVAC Fund- Motor Vehicle Accident Claims Fund The Motor Vehicle Accident Claims Fund, also known as the MVAC fund, is available to victims that don't have recourse against a private insurance company. It has different limits, but it still has insurance coverage if somebody is injured in an accident and there is no other insurance that you can go against. These are unique type of cases. The litigation is different. Even when you're in an accident, whether you're in a car, you're a pedestrian, or you're a cyclist, if it's a hit and run, or if it's a car that's not adequately insured, the good news for the victim is that there are lots of different options to try to get your injuries compensated. These kinds of cases are often more complicated, more difficult and generally we recommend obtaining a lawyer early to protect your rights to full compensation. Have Questions? Contact us today! Our phone lines are open 24/7 so you can give us a call so that we can better discuss your options in the event that you're involved in a motor vehicle accident. 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 once again, truly proud of our accomplishments. This past April, Iacobelli Law Firm celebrated 10 years and as I reflect upon the last decade, I am so very grateful for our clients and team, 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. 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 equally appreciative that our work and mission will continue into the New Year and I want to take this opportunity to thank all of my staff who make this possible every day. We have had some new additions to our staff this year, including Client Care Coordinator, Shirlene McKay, Law Clerk, Victoria Conlan, and Lawyer Candidate, Alex Taghavi. We were also pleased to welcome Lawyer, Domenic M. Jannetta who joined the firm in 2022 to head the Real Estate, Wills and Estates and Corporate Departments. These additions to our team, make us a much more capable and efficient law firm for our clients. It was a pleasure to be a sponsor and exhibitor at the Toronto ABI Network Conference held last month. The Toronto Acquired Brain Injury Network assists people with acquired brain injuries in accessing publicly-funded health care and social services. The conference featured workshops relating to acquired brain injuries and it allowed us to meet so many wonderful Organizations and Speakers. We understand how difficult it is for our clients to recover from an unexpected accident and I am always truly amazed how adaptable, resilient and courageous our clients are. This year was 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. We are so 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 enjoyable holiday season, and we look forward to supporting our community in 2023. Our Personal Injury Lawyers Are Available Throughout the Holiday Season We understand that accidents can happen at any given time and you don’t have to wait until after the holidays to call our Team. Our Personal Injury Lawyers are available 24/7 throughout the holidays to support you because we know how important it is to be available to our community. 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 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". Serious Crash in Huron County on December 14, 2022 - Passenger Airlifted to London Hospital12/19/2022 On December 14, 2022, at approximately 11:30 a.m., Huron County OPP, Huron County Paramedic Services (EMS) and the Bluewater Fire Department responded to a two-vehicle motor vehicle collision involving a pickup truck and a SUV on Morrison Line at Kippen Road. Reports of the accident indicate that the vehicles involved in this crash sustained extensive property damage. The drivers and two passengers were treated by EMS with one passenger requiring a flight by Air Orange to London Health Sciences Centre because of a head injury.
According to information released by the OPP, the investigation revealed that the driver of the SUV failed to stop for a stop sign at Kippen Road while they were driving southbound on Morrison Line. The eastbound pickup truck collided with the passenger-side of the SUV. The at-fault 36-year-old male driver from London has been charged under the Highway Traffic Act. First and foremost, the personal injury lawyers and team at Iacobelli Law Firm sincerely hope that all involved in this crash make a speedy and complete recovery from their injuries. Car accidents that occur at intersections can be especially serious whenever a vehicle fails to obey traffic control devices, such as stop signs, yield signs or traffic lights. In Ontario, anyone injured in a car accident will have the ability to obtain some coverage through insurance accident benefits. In addition, they may be able to claim for pain and suffering and economic losses from the insurance company for the the at-fault driver. For a passenger, they will almost always have a claim against the at-fault driver or drivers for their losses. It is important to note, however, that these claims or usually defended vigorously by the insurance company and, therefore, it is important to get the guidance of an experienced car accident injury lawyer. Our lawyers represent victims of car accident injuries all across Ontario. Watch this YouTube video to learn more about the rights of passengers injured in a car accident. If you or a loved one has been seriously injured in an Ontario car accident, get the answers to your questions so that you can make an informed decision for your future. To request a free consultation, call us day or night toll free at 866-234-6093 or complete our online contact form to get started immediately. The consultation is free, and completely confidential, with no obligation. 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". 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". 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". |
Author:
|