FOR IMMEDIATE RELEASE
Richmond Hill, Ontario – January 3, 2025 – Iacobelli Law Firm is pleased to announce a significant victory for our client, in a recent case involving non-earner benefits under a no-fault auto insurance claim. Our client was injured in a motor vehicle accident on February 2, 2022, and was entitled to non-earner benefits, but the insurance company unreasonably denied payment.  

Our firm, led by lawyer Colton Leung and paralegal Alyssa Smith, took on the insurance company and fought tirelessly for our client’s rights. The case was heard by the Licence Appeal Tribunal – Automobile Accident Benefits Service (the “Tribunal”). After a hard-fought battle, we were able to secure a favorable outcome for our client, ensuring they received the benefits they were entitled to.  

“We are proud to have helped our client get the benefits they deserve,” said Colton Leung, a lawyer at Iacobelli Law Firm. “This case is a reminder that insurance companies do not always have the best interests of their policyholders in mind. It is important to have an experienced legal team on your side to fight for your rights.”  

This case is a testament to our firm’s commitment to protecting the rights of our clients and ensuring they receive the compensation they deserve. If you have been injured in a motor vehicle accident and are having trouble getting the benefits you are entitled to, please do not hesitate to contact us.  

About Non-Earner Benefits
Non-Earner Benefits are a type of compensation available under Ontario’s Statutory Accident Benefits Schedule (SABS) for individuals injured in motor vehicle accidents. These benefits are designed to assist those who are unable to carry on a normal life as a result of their injuries but do not qualify for income replacement benefits because they were not employed or self-employed at the time of the accident.  

If you have been denied non-earner benefits, it is important to seek legal assistance as soon as possible.

About Iacobelli Law Firm
Iacobelli Law Firm is a personal injury law firm that represents clients in a variety of personal injury matters, including motor vehicle accidents, slip and falls, and product liability claims. We are committed to providing our clients with the highest quality legal representation and getting them the best possible results.

Contact Iacobelli Law Firm Today
If you have been injured in a motor vehicle accident and have questions about your rights, please contact Iacobelli Law Firm today for a free consultation.

If you've been injured in a car crash in Ontario and returned to work immediately after the accident, you may think your path forward is clear. But what happens if your injuries worsen over time, leaving you unable to work? This situation is more common than you might think, and it can significantly affect your rights to claim income replacement benefits (IRBs) under Ontario's Statutory Accident Benefits Schedule (SABS).

Understanding Income Replacement Benefits (IRBs)
Under Ontario's No Fault Benefits system, the SABS, if you are employed at the time of your car accident, you may be entitled to income replacement benefits if your injuries render you unable to perform the essential tasks of your job. Here’s how it works:

1. First 104 Weeks Post-Accident: You are eligible for IRBs if you suffer a "substantial inability" to perform your job’s essential tasks.
2. After 104 Weeks: To continue receiving IRBs, you must demonstrate a "complete inability" to engage in any employment or self-employment reasonably suited to you based on your education, training, or experience.

What if You Returned to Work But Later Became Disabled?
It’s not uncommon for car accident victims to push through their pain and return to work soon after the incident, only to find that their injuries worsen over time. This delay in recognizing the severity of the injuries can impact when the "discoverability" of your claim arises.
​
The recent Ontario Court of Appeal decision in The Personal Insurance Company v. Tagoe, 2024 ONCA 894, underscores the importance of the "discoverability" doctrine in such cases. Here's what this means for you:

• Discoverability: You may not be bound by the initial denial of IRBs if, at the time, your condition hadn’t yet worsened to the point of meeting the eligibility criteria for benefits. The clock for the two-year limitation period to apply for dispute resolution with the Licence Appeal Tribunal (LAT) only starts ticking when your entitlement to benefits becomes discoverable — that is, when you meet the criteria for substantial or complete inability to work.
• Pre-emptive Denial by Insurers: The court clarified that insurers cannot issue a "pre-emptive" denial of IRBs when the claimant does not yet meet the eligibility criteria for benefits. If your condition worsens after such a denial, you may still be entitled to apply for benefits, even if more than two years have passed since the denial.

Key Takeaways for Injured Workers in Ontario
If you returned to work but later became disabled due to worsening injuries from a car crash, here’s what you should know:

1. Document Changes in Your Condition: Seek medical advice and maintain records of how your injuries impact your ability to work. This evidence is critical in demonstrating when your eligibility for IRBs became apparent.
2. Seek Legal Advice Early: Navigating the rules around IRBs and discoverability can be complex. A legal professional experienced in personal injury claims can help you assess your rights and ensure you meet the necessary deadlines for applications and appeals.
3. Don’t Be Discouraged by Initial Denials: If your insurer initially denies your claim, it doesn’t necessarily mean the end of your entitlement to benefits. You may have grounds to challenge the denial if your condition has evolved since the denial was issued.

How Iacobelli Law Firm Can Help
At Iacobelli Law Firm, we understand how life-changing car accident injuries can be, especially when they leave you unable to work. Our team is dedicated to advocating for victims’ rights and ensuring you receive the benefits and compensation you deserve.

If you or a loved one has been injured in a car crash and are struggling with worsening injuries that prevent you from working, contact us today. We can help you understand your rights, navigate the complex SABS rules, and pursue the benefits you’re entitled to under Ontario law. Let us help you move forward with confidence.

Get in touch with us 24/7 to request a Free Consultation. 

You've been through a traumatic experience, ending up in a hospital or rehab facility after a serious injury. You're surrounded by medical professionals, focused on your recovery. Then, you see it: a brochure for a law firm, a patient or family lounge named after a personal injury law firm, or even a staff member suggesting a "great lawyer" they know. It's easy to feel pressured to go with the flow, especially when you're vulnerable and overwhelmed.

But hold on a minute. Choosing the right lawyer to represent you after a serious injury is a crucial decision, one that can significantly impact your future. While those brochures and recommendations might seem convenient, it's essential to take a step back and ask yourself: "Is this truly the best lawyer for my case?"

Why You Shouldn't Just Take Their Word For It
Here's the thing: hospitals and rehab facilities are primarily focused on your medical care. While they may have your best interests at heart, they're not experts in legal representation. Those seemingly helpful recommendations might be influenced by factors you're not aware of, such as:

• Promotion: Some facilities or staff members may receive financial incentives from specific law firms.
• Limited knowledge: They may genuinely believe they're recommending a good lawyer, but they might not have a comprehensive understanding of your specific legal needs or the full range of lawyers available.
• Sponsorship: In some cases, the recommended lawyer may be a financial sponsor to the medical facility.

Choosing the Right Lawyer for You
So, how do you find the right lawyer? Here are some key factors to consider:

• Experience and expertise: Look for a lawyer with a proven track record in handling cases similar to yours.
• Focus on personal injury: Choose a lawyer who specializes in personal injury law.
• Reputation and reviews: Research the lawyer and their firm online. Read client testimonials and check their standing with legal organizations.
• Communication and trust: You need a lawyer who will listen to you, answer your questions, and keep you informed throughout the process. You need to feel comfortable and confident in their abilities.

Why Choose Iacobelli Law Firm?
At Iacobelli Law Firm, we understand the pressures you may face after a serious injury. We're committed to providing compassionate, client-focused representation. Here's what sets us apart:

• Dedicated to personal injury: We focus  on personal injury law, with extensive experience in handling complex cases, including those involving catastrophic injuries.
• Proven track record: We have a history of success in securing maximum compensation for our clients.
• Client-centered approach: We prioritize open communication, personalized attention, and building strong relationships with our clients.
• No fee unless we win: We work on a contingency fee basis, meaning you don't pay anything unless we win your case.

Don't let convenience or pressure dictate your choice of legal representation. Take the time to find a lawyer who is truly the right fit for you. Contact Iacobelli Law Firm today for a free consultation. We're here to answer your questions, discuss your options, and help you make informed decisions about your future.  Our team will meet with you and your family at your home or hospital.

In our latest YouTube video and Podcast episode, motorcycle accident lawyer, Andrew Iacobelli, discusses motorcycle accident law, liability and safety.  You can watch the video below or on YouTube now.  

Motorcycle Accidents are different than when two large vehicles collide.  They are treated differently by our firm because they have unique features that are unlike other motor vehicle crashes. 

Introduction to Motorcycle Accidents and Liability
Motorcycles, as we all know, are much smaller vehicles than passenger vehicles or trucks. Motorcycles expose the rider to far less protection. Injuries from motorcycle accidents tend to be more severe. There's a far higher likelihood of a fatality. And then there are also specific issues that come up in motorcycle accidents with respect to liability.
Liability is just a legal phrase. In layman's terms, it essentially means fault or blame. So in a civil case like we do, we're civil litigators, we need to establish on behalf of our clients that somebody else is at fault for causing the harms and losses. 

Common Causes of Motorcycle Accidents
When it comes to how the motorcycle crash occurred, there are scenarios that we see over and over again that tend to stand out as the most frequent.

Probably number one is vehicles turning in front of an approaching motorcycle. Left turning vehicles, lane changes. Passenger cars and trucks pulling in and out of private driveways. What we often hear from the defendant or the at fault party and sometimes even witnesses is, I didn't see them, they weren't there a moment ago.

And invariably that leads to, the motorcyclist came out of nowhere, the motorcyclist must have been making erratic lane changes, the motorcyclist was speeding. 

Perception and Misjudgment in Motorcycle Crashes
Studies have been done on this and these perceptions and what the studies have often found is that people's perception and recollection, as much as they're trying to be honest and forthcoming, often are wrong. There's a high incidence of this with motorcyclists. 

Because I do this for a living, because I also ride motorcycles myself. I go out of my way to try to be really conscientious of motorcycles on the road and sharing the road with motorcyclists. 

Your mind, your eyes, learn to detect distance, speed, what's safe and unsafe, how much room you have to make a turn, all based on your experiences. And if all of that experience, 80 or 90 percent of the time, is based on a certain sized vehicle, our mind will use that as kind of the benchmark. Most people won't turn in front of the dump truck, even though there's as much distance where they would feel comfortable turning if it was a regular passenger sized vehicle. Because in your mind, the dump truck appears closer than it is because it's a much larger vehicle than what you're used to seeing. The same is true with a vehicle that's much smaller. 

In the case of a motorcyclist approaching, which is much smaller than the passenger vehicle that you're used to, the driver often has the wrong perception and thinks that the motorcycle is further away than it is and thinks that they have more time and more distance than what they actually do. And unfortunately, that error could lead to really serious injuries for a motorcyclist and sometimes death. 

I say this often to people, if you see a motorcyclist approaching, wait, just assume for a moment that the motorcyclist is closer, let the motorcycle clear your path and then commence the turn. In our experience, once you peel back the layers of those initial observations or what people think they saw, sometimes you get independent video recordings from traffic cameras or nearby CCTV or surveillance. We often find that what the witnesses reported is not correct. The motorcyclist wasn't speeding and it was just simply an error in judgment on the part of the car or truck that turned across the path. 

Sound and Speed Perceptions in Motorcycle Incidents
Sound is another feature that can sometimes confuse us. We've come to learn that certain sounds are associated with speed.

There's a saying amongst motorcycle riders that loud pipes save lives. Whether that's true or not, I don't know. But motorcyclists very often believe that. You know, motorcyclists are very conscientious of the risk they're taking every time they get on a bike and they want to often do as much as possible to make themselves safe. And so I think that's another reason why the observers, whether it's the person who crashed into the motorcycle or the independent witness who observed the crash, might also form the impression that the motorcycle was accelerating or speeding in the moments before the crash, again because they're relying on the sound that they heard. 

You know, this is more for people who pass judgment quickly on motorcyclists. Just keep in mind that sometimes what you think you've observed or heard might be misleading you. Your own eyes and ears may actually be misleading you.
 
Legal Nuances in Motorcycle Accident Cases
This leads me to some of the differences with motorcycle cases, because there are these biases, it takes a lawyer that understands these nuances and these differences with motorcycle cases to really investigate, collect the evidence, retain the appropriate experts, whether it's engineers to do accident reconstruction or human factors experts.

Depending on the jurisdictions, helmets may be mandatory or not. Some motorcyclists ride with protective jackets, gloves, and footwear, and some don't. And so insurance companies sometimes will look at the equipment and try to blame part of the injuries on the motorcyclist for failing to take steps to protect themselves with protective gear.

So insurance companies say, "Well, person's not wearing helmets. Had they been wearing a helmet, they wouldn't have been hurt." But very often the insurance companies just point out something without any evidence at all to support it, other than the absence of the safety equipment. But they haven't actually connected the dots.

Would the helmet have actually made a difference in this crash? Would the boots have made a difference? Whatever it might be. In the case of a car accident, they do that with seatbelts. Would it have made a difference? That's really important too, and oftentimes that requires a very detailed analysis of the mechanics of the crash, the mechanics of the occupants, where they traveled, how they moved, what forces were exerted on their body, to see what if any difference it would have made.

In our experience, sometimes where the insurance company's put it out there, the injury would not have been as extensive had the motorcyclist been wearing certain safety equipment, but then when you actually break it down, you realize that the safety equipment would have made no difference in the circumstances, or sometimes very little difference to the ultimate outcome.

That's really important to investigate because it can have a major impact on damages, the amount of money recoverable. Those are some of the factors that we see that are really unique to motorcycle cases. 

Common Motorcycle Injuries and Insurance Claims
Common injuries that we see in motorcycle accidents are head injuries, broken bones, spinal cord injuries.

It's important to explore the full nature of the injuries because there's lots of motorcyclists that are grateful that they had a close call. They were able to get up and walk away from the scene without breaking a bone, but there are a lot of forces still exerted on the motorcyclist, because they're not a restrained occupant. The reality is the body's gone through a lot of trauma. And so while it may not have broken a bone, there could still be torn muscles, head injuries. 

It's really important for motorcyclists, especially, to take stock and inventory of all of their symptoms, all of their injuries, report all of that to their healthcare providers and get checked out. 

Passenger Rights in Motorcycle Accidents
So what happens if you're a passenger on a motorcycle and you're injured in a crash? As a passenger, you almost always have the right to advance a claim. It's really unlikely that the passenger did anything to cause or contribute to the crash. 

We've represented passengers that were injured sometimes because of the negligence of the motorcycle rider. Sometimes it could be equipment failures, motorcyclists just not maintaining their bike. I've seen blowouts, like tire blowouts, speed and losing control. As a passenger, you can advance a claim against the Operator of the motorcycle, if it was the operator's negligence or fault that caused the accident and injury. And also, if there was another vehicle involved, they can advance claims against all at fault parties.

Safety Tips for Drivers and Motorcyclists
People associate motorcycles with good weather, but in fact, they can be on the road 12 months a year. There are riders that ride motorcycles as a way of life. So for drivers, it's important to pay attention at all times. If you do see a motorcyclist, give them plenty of room, plenty of space. Try not to tailgate motorcycles. You know, it goes a long way. Motorcyclists definitely appreciate courteous drivers. 

​Have Questions? Contact Us Today for a  Free Consultation
If you or a loved one was injured while riding a motorcycle. Feel free to reach out to us. I'm sure you have questions about your rights and remedies. We're happy to talk to you. We provide a free consultation. You can reach our office 24 hours a day, 7 days a week, either by calling us on our toll free number or visiting our website.
Thanks for watching and drive safe.

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, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. ​

The recent data from the Ontario Provincial Police (OPP) reveals a disturbing trend: a sharp increase in fatal motorcycle crashes across the province in 2024. So far this year, 36 motorcyclists have died on OPP-patrolled roads, marking a more than 50% increase over the number of fatalities recorded at this time in 2023. Of these tragic incidents, 12 occurred in July alone, with an additional five fatalities in the first week of August.

The OPP has described this increase as both "senseless and preventable," emphasizing the need for heightened awareness and proactive measures to ensure the safety of motorcyclists. While the specific causes of each accident can vary, common factors often include excessive speed, driver inattention, impaired driving, and failure to yield right-of-way. Each of these factors contributes to a dangerous environment for motorcyclists, who are already vulnerable due to their lack of physical protection compared to other vehicles on the road.

These alarming statistics underscore the urgent need for increased awareness and preventive measures. However, they also highlight the importance of understanding the rights of families who have lost loved ones in these fatal motorcycle accidents.

Legal Rights of Families After a Fatal Motorcycle Crash
When a family loses a loved one in a motorcycle crash, the emotional impact is profound, and the legal implications can be overwhelming. In Ontario, surviving family members may have the right to pursue compensation through a wrongful death claim. Here’s what you need to know:

Who Can Make a Claim?

Under Ontario’s Family Law Act, certain family members are entitled to claim compensation following the wrongful death of a loved one. These typically include:

• Spouse or partner
• Children
• Grandchildren 
• Parents
• Siblings
• Grandparents

Types of Compensation in Wrongful Death Claims
Families may be eligible for various types of compensation, including:

• Loss of Financial Support: If the deceased was a primary income earner, their family might be entitled to compensation for lost financial support.
• Funeral and Burial Expenses: Families can claim reasonable costs associated with the funeral and burial.
• Loss of Care, Guidance, and Companionship: Compensation may be available for the emotional impact and loss of companionship experienced by family members.
• Medical Expenses: Any medical expenses incurred before the loved one’s passing can be claimed.
• Other Expenses: Legal fees and other costs associated with pursuing a claim may also be recoverable.

Proving Liability (Fault for a Fatal Crash)
To succeed in a wrongful death claim, it is essential to establish that another party’s negligence contributed to the crash. This could involve proving that the other driver was speeding, distracted, impaired, or otherwise at fault. Collecting evidence such as accident reports, eyewitness statements, and expert testimony is crucial in building a strong case.

Time Limits for Filing a Claim
In Ontario, there is a statute of limitations for filing a wrongful death claim. Generally, claims must be filed within two years of the date of death. It’s important to consult with a lawyer as soon as possible to ensure that deadlines are met and your rights are protected.  There is a lot of work that needs to be done before the expiration of the 2 year limitation date.  Many cases can be resolved in less than 2 years, but starting early is crucial. 

How Iacobelli Law Firm Can Help
Navigating the legal process following a fatal motorcycle crash can be daunting. At Iacobelli Law Firm, we are dedicated to providing compassionate and skilled legal representation to families who have lost loved ones in motorcycle accidents. Our team understands the complexities of wrongful death claims and is committed to helping you secure the compensation you deserve.  In addtion, we have a particular passion for helping victims of amotorcycle crashes becasue we also ride.  Andrew Iacobelli is an experienced wrongful death lawyer, and also a motorcycle rider who understands the unique challenges faced by motorcyclists on the road. 

If you have lost a loved one in a motorcycle crash, don’t hesitate to reach out to us. Together, we can pursue justice for your loved one and help bring a sense of closure to your family.

Have Questions? Contact Us Today for a  Free Consultation

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. 

Motorcycle accidents are among the most devastating and deadly on the road, and one of the most common and dangerous scenarios is when a larger vehicle, such as a car or truck, turns left across the path of an oncoming motorcycle. At Iacobelli Law Firm, we have extensive experience representing motorcycle accident victims in these types of crashes. Understanding the factors behind these accidents and how to prove fault can be crucial in securing justice and compensation for injured riders.

Why Do Larger Vehicles Turn Left Across the Path of Oncoming Motorcycles?
Several factors contribute to larger vehicles turning left in front of motorcycles:

• Size and Perception Issues: Motorcycles are smaller and less visible than cars or trucks. Drivers of larger vehicles may fail to see an oncoming motorcycle, especially if they are not actively looking for one. This size discrepancy can lead to the erroneous perception that the intersection is clear.
• Human Factors:
  • Attention and Expectation: Drivers may be conditioned to look for larger vehicles like cars and trucks, inadvertently overlooking motorcycles. This expectation bias can result in drivers misjudging the distance and speed of an oncoming motorcycle.
  • Distracted Driving: Distractions such as mobile phones, GPS devices, or even conversations with passengers can significantly reduce a driver's ability to notice motorcycles. A momentary lapse in attention can be fatal for motorcyclists.
  • Speed Misjudgment: There's a common bias that motorcycle riders always travel at excessive speeds. This stereotype can lead to incorrect assumptions about a motorcycle’s speed, causing drivers to make unsafe left turns.

Proving Fault in Motorcycle Accidents
At Iacobelli Law Firm, we understand the complexities involved in proving fault in motorcycle accidents. Our experience and commitment to justice ensure that we utilize resources available to build a strong case for our clients.

• Scientific Analysis and Engineering Expertise: We collaborate with accident reconstruction experts and engineers to analyze the crash scene. These professionals can provide critical insights into the dynamics of the collision, including speed calculations, visibility analysis, and point of impact assessments.
• Human Factors Experts: By working with human factors experts, we can demonstrate how a driver's perception, attention, and decision-making processes contributed to the accident. This can be pivotal in countering defense arguments that attempt to shift blame onto the motorcyclist.
• Comprehensive Evidence Gathering: Our team meticulously gathers all relevant evidence, including:
• Witness Statements: Eyewitnesses can provide crucial accounts of how the accident occurred, especially regarding the behavior of the turning driver.
• Surveillance Footage: Video evidence from nearby cameras can capture the accident in real-time, offering undeniable proof of fault.
• Police Reports: Official reports often contain valuable information about the circumstances of the accident and initial fault determinations.
• Medical Expert Testimony: The severity of injuries sustained by motorcyclists can often indicate the nature of the collision. Medical experts can attest to the impact and provide a clearer picture of how the accident occurred.

Our Commitment to Motorcycle Accident Victims
At Iacobelli Law Firm, we are passionate about advocating for motorcycle accident victims. Our founder, Andrew Iacobelli, is not only an experienced attorney but also a motorcycle rider who understands the unique challenges faced by motorcyclists on the road. We are dedicated to ensuring that our clients receive the compensation they deserve for their injuries, pain, and suffering.

If you or a loved one has been involved in a motorcycle accident caused by a left-turning vehicle, contact Iacobelli Law Firm for a Free Consultation. 

Have Questions? Contact Us Today for a  Free Consultation

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. ​

​The discharge of a patient who has sustained injuries in a motor vehicle accident (MVA) in Ontario involves a multifaceted approach. Discharge planners play a crucial role in ensuring a smooth transition from hospital to home or another care setting, taking into consideration the patient's medical, social, and rehabilitation needs. Additionally, understanding the framework of statutory accident benefits in Ontario is crucial for facilitating an effective discharge process.

Understanding Statutory Accident Benefits
In Ontario, individuals injured in an MVA are entitled to statutory accident benefits under their car insurance policy, regardless of who is at fault. These benefits are designed to provide financial support for medical and rehabilitation expenses, attendant care, income replacement, and other needs. It's essential for discharge planners to have a working knowledge of these benefits to assist patients and their families in navigating the claims process and accessing necessary resources.

Key Considerations for Discharge Planning

• Assessment and Coordination: Begin with a comprehensive assessment of the patient's physical, emotional, and cognitive status. This assessment should inform the creation of a personalized discharge plan that coordinates with various stakeholders, including family members, healthcare providers, personal injury lawyer, insurance adjusters, and community services.
• Medical and Rehabilitation Needs: Ensure that the discharge plan addresses ongoing medical treatment, physical therapy, and other rehabilitation services. Familiarize yourself with the patient's statutory accident benefits to secure funding for these services. This may involve direct communication with the patient's insurance provider or their lawyer to confirm coverage details and facilitate the approval process for necessary treatments.
• Home and Community Care: Evaluate the need for home modifications, assistive devices, and home care services to support the patient's recovery and independence. Discharge planners should provide assistance in applying for these benefits under the patient's insurance policy, including completing and submitting any required documentation.
• Income Replacement Benefits: For patients who are unable to return to work due to their injuries, it's important to guide them through the process of applying for income replacement benefits. This involves gathering medical evidence and other documentation to support the claim.
• Psychosocial Support: Recognize the emotional and psychological impact of motor vehicle accidents on patients and their families. Referrals to counseling services, support groups, and other community resources can be integral to the patient's overall recovery.
• Advocacy and Education: Consider if the patient has a lawyer that can act as an advocate for the patient, ensuring they have access to the full range of benefits and services to which they are entitled. An experienced car accident lawyer can educate patients and their families on their rights under the statutory accident benefits schedule and provide guidance on how to navigate potential challenges in the claims process.

Collaborative Efforts for Success
The discharge planning process for MVA patients in Ontario requires a collaborative effort among healthcare professionals, patients, families, lawyers and insurance providers. Establishing open lines of communication and fostering a team approach can significantly enhance the patient's recovery journey and ensure a successful transition to life after the hospital.

By integrating a comprehensive understanding of statutory accident benefits into the discharge planning process, healthcare professionals can better support patients in accessing the care and resources they need. This not only aids in the patient's physical recovery but also addresses the broader spectrum of their rehabilitative and psychosocial needs, paving the way for a more holistic approach to patient care following a motor vehicle accident.

How We can Help:
If you are a discharge planner and need guidance on the statutory accident benefits, we can help.  Our experienced injury lawyers regularly provide guidance and assistance to discharge planners and other healthcare professionals navigating the complex insurance issues following an Ontario auto crash.  Call us anytime to speak with our lawyers about your particular questions, or we can come to your facility to provide a lunch and learn.  Lawyers Andrew Iacobelli and Colton Leung regularly provide complimentary educational talks to healthcare professionals throughout Ontario.   

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. 

In the realm of personal injury law, particularly with car accident cases, the recent decision in Schroeder v. Co-operators General Insurance Company, 2024 ONCA 54 by the Court of Appeal for Ontario provides a critical examination of underinsured motorist (UIM) claims, specifically regarding the timing of demand for indemnification and the commencement of limitation periods. As legal professionals dedicated to advocating for victims of car accidents, it is imperative to dissect and understand the implications of this decision for future cases.

The Schroeder Case: A Brief Overview
Lynn Schroeder's ordeal began with a motor vehicle accident in the United States, leading to a journey through the legal system that culminated in a pivotal court decision. Schroeder, seeking compensation beyond the $25,000 offered by the at-fault party's insurer, turned to her own insurer, Coseco, under her underinsured motorist protection. The crux of the legal battle centered around when the limitation period for Schroeder to pursue her UIM claim commenced.

The Court's Findings
The court's decision hinged on the interpretation of when a "demand for indemnification" was actually made, which would trigger the start of the limitation period. Contrary to Coseco's position, the court found that a formal demand for specific compensatory damages made on February 13, 2019, initiated the limitation period, not previous communications that merely expressed an intent to pursue a claim.

Implications for Legal Practitioners
This ruling emphasizes a crucial aspect of handling UIM claims: the significance of the timing of the indemnification demand. As car accident injury lawyers, it is vital to recognize that initiating a UIM demand is a double-edged sword. On one hand, it is a necessary step in advocating for the rightful compensation of our clients. On the other, it marks the start of the limitation period, which can significantly impact the viability of the claim.  This is particularly important for attorneys in the United States that may be representing a Canadian injured in an auto crash in their state.  

• Clarification of Demand Obligations: The ruling reinforces the notion that for a demand obligation under an insurance policy to commence the limitation period, a clear demand for specific compensatory damages must be made. Merely indicating an intention to proceed with a claim is not sufficient.

• Protection for Insured Parties: This decision underscores the protections available to individuals pursuing underinsured motorist claims, ensuring they have adequate time to seek indemnification once a clear demand is made.

Application in Cross-Boder Accident Claims
This decision is particularly important in the area of cross-border car accident injury claims.  When Canadians are injured in an auto accident in the United States, there is a significant chance that the at-fault party will not have adequate insurance coverage.  We regularly assist Canadians and U.S.-based attorneys with the first-party claims arising out of accidents in the USA.  American attorneys will frequently send demand letters to the Canadian UIM carrier.   This decision provides further clarification with respect to the statute of limitations on such UIM claim. 

Conclusion
The Court of Appeal for Ontario's decision in Schroeder v. Co-operators General Insurance Company provides clarity and protection for individuals navigating the complex landscape of underinsured motorist claims. As a car accident injury lawyer, it is crucial to understand the implications of this ruling, as it not only influences how we advise our clients but also shapes the strategies we employ in pursuing fair compensation for them. This case exemplifies the importance of diligent legal representation and the profound impact of judicial decisions on personal injury law.

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, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. 

If you or a loved one has been involved in a car accident in Ontario, understanding the concept of catastrophic impairment is crucial. This designation can significantly impact the benefits and support you are eligible for under the Ontario Statutory Accident Benefits Schedule (SABS). This article aims to demystify the criteria for catastrophic impairment in layman's terms, providing examples to help you grasp this important concept.

What Is Catastrophic Impairment?
In Ontario, catastrophic impairment is a legal classification used to describe the most severe types of injuries that can result from a car accident. This classification unlocks a higher level of accident benefits, including medical, rehabilitation, and attendant care benefits, to support recovery and adaptation to life after the injury.

Criteria for Catastrophic Impairment
The determination of catastrophic impairment is based on specific criteria outlined in the SABS. These criteria are designed to identify injuries that have a profound impact on an individual's life. Here’s a simplified breakdown:

1. Spinal Cord Injuries: Paralysis or significant loss of use of an arm or leg.
2. Traumatic Brain Injuries: For adults, this could mean a marked deterioration in brain function. For children, a brain injury that significantly disrupts their development.
3. Loss of Vision: Total loss of vision in both eyes.
4. Amputations: The loss of use or amputation of an arm or leg.
5. Physical Impairment: Severe physical limitations that affect 55% or more of the whole person.
6. Mental or Behavioural Impairments: Severe and lasting mental or behavioral impairments that, combined with physical impairments, result in 55% or more impairment of the whole person.
7. Combination of Injuries: A combination of injuries that results in a total impairment of 55% or more of the whole person.
8. Mental or Behavioral Disorders: This criterion considers impairments that result in either a class 4 impairment (marked impairment) in three or more areas of function that precludes useful functioning, or a class 5 impairment (extreme impairment) in one or more areas of function.

Examples to Illustrate
Example 1: Jane, a 28-year-old graphic designer, suffers a spinal cord injury in a car accident, resulting in paralysis from the waist down. This type of injury meets the criteria for catastrophic impairment due to the significant loss of use of her legs.

Example 2: After a car accident, 10-year-old Alex exhibits a traumatic brain injury that severely affects his cognitive functions and development. Alex’s condition qualifies as catastrophic because it disrupts his normal development.

Example 3: Mark loses his sight in both eyes due to an accident. This total loss of vision qualifies him for catastrophic impairment status, providing access to enhanced benefits for his rehabilitation and care.

Example 4: Following a car accident, David exhibits extreme post-traumatic stress disorder (PTSD), characterized by severe anxiety, flashbacks, and social withdrawal, preventing him from engaging in any meaningful work or social activities. This extreme impairment in psychological functioning aligns with the eighth criterion, classifying his condition as a catastrophic impairment.

Why It Matters
Being classified as having sustained a catastrophic impairment means access to more extensive support to cover the costs associated with long-term recovery and living with a severe injury. This includes higher limits for medical and rehabilitation costs, as well as attendant care benefits.

The Role of a Personal Injury Lawyer
Navigating the process of being classified as catastrophically impaired can be complex. A personal injury lawyer with experience in car accident cases in Ontario can provide invaluable assistance. They can help gather the necessary medical documentation, work with medical professionals to assess your injuries, and guide you through the claims process to ensure you receive the benefits you're entitled to.

Conclusion
Understanding catastrophic impairment is essential for anyone involved in a severe car accident in Ontario. Recognizing the impact of your injuries and how they align with the criteria for catastrophic impairment can be the key to unlocking the support and financial assistance necessary for your journey to recovery. If you or someone you know is navigating this challenging path, reaching out to a skilled personal injury lawyer can make all the difference in securing the benefits and care needed to move forward.

Remember, you're not alone. Knowledge is power, especially when it comes to understanding your rights and benefits under the Ontario Statutory Accident Benefits Schedule.

Have Questions? Contact Us Today!

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, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims.