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. 

Navigating the aftermath of a car accident in Ontario involves understanding various legal aspects, especially when it comes to claiming compensation for lost income and diminished earning capacity. A closer look at Section 267.5(1) of the Ontario Insurance Act can shed light on the protections and limitations it places on liability for these types of damages. Let’s break down this section to clarify what individuals can actually recover, debunking common misconceptions along the way.

Understanding Section 267.5(1)
This section of the Ontario Insurance Act is designed to limit the liability for damages related to income loss and loss of earning capacity resulting from bodily injury or death due to the use or operation of an automobile. Specifically, it outlines three key limitations:

1. No Compensation for the First Seven Days: Damages for income loss incurred during the first week following the accident are not recoverable. This means if you're unable to work immediately after the incident, you cannot claim compensation for this initial period of lost income.
2. 70% Compensation for Lost Income After Seven Days: For income lost after the first seven days and before the trial, you're entitled to recover 70% of your gross lost income. This provision applies to the period between the first week after the accident and the trial of the action.
3. 70% Compensation for Loss of Earning Capacity: Similar to the provision for lost income, this clause states that damages for loss of earning capacity (the ability to earn income in the future) are compensable at 70% of the assessed loss during the period between the accident and the trial.

Applying the Provisions with Examples
Example 1: Short-term Income Loss
Suppose you earn $100,000 annually and are injured in a car accident, preventing you from working for two weeks. Under Section 267.5(1):

• First Week: You cannot claim compensation for the lost income of approximately $1,923 (assuming a $100,000 annual salary divided by 52 weeks).
• Second Week: You can recover 70% of the lost income for this week, amounting to approximately $1,346.

Example 2: Long-term Reduction in Earning Capacity
Imagine your injuries result in a long-term reduction in your capacity to work, decreasing your salary from $100,000 to $75,000 annually:

• Before the Accident: Your earning capacity was $100,000 annually.
• After the Accident: Your reduced earning capacity is now $75,000, representing a $25,000 annual loss.

According to the act, you're entitled to recover 70% of this lost earning capacity, amounting to $17,500 annually, until the trial verdict or settlement.

Key Takeaways

• Immediate Income Loss: The first week’s income loss is not compensable under the act.
• Subsequent Income Loss: For income lost after the first week and before the trial, 70% is recoverable.
• Loss of Earning Capacity: Similar to lost income, 70% of the assessed loss in earning capacity between the accident and the trial is compensable.

Conclusion
Section 267.5(1) of the Ontario Insurance Act doesn't preclude individuals from recovering compensation for lost income or diminished earning capacity unless the loss exceeds 70%. Rather, it specifies that 70% of such losses are compensable, subject to the act's provisions.  It is important to note that the calculations above are provided as a simple example for demostration purposes only.  The actual income loss claimed is also subject to regulation, which would impact the calculation and the amount recoverable by the injured party.  Understanding these nuances is crucial for anyone involved in a car accident in Ontario, ensuring they are fully aware of their rights and potential compensation. If navigating these legal waters feels overwhelming, consulting with an experienced Ontario car accident lawyer can provide clarity and support through the process, ensuring that your claims are accurately addressed and maximized.

Note: This article is for informational purposes only and should not be construed as legal advice. Individuals seeking legal counsel should consult with a qualified lawyer.

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". 

Yes, Ontario is a No Fault jurisdiction.  This means that if someone is injured in a motor vehicle accident in Ontario as a driver, passenger, or even as a pedestrian or cyclist, they can claim certain accident benefits without regard to fault.  These benefits are paid by either an insurance company for an involved vehicle or, in some circumstances, by the Motor Vehicle Accident Claims Fund.  Their are priority rules governing which insurance company will pay the no fault benefits. 

In addition to the no fault accident benefits, Ontario law also allows claims against the at fault party.  That is, in addition to no fault accident benefits, if someone else is responsible for causing the accident, the injured party can also advance an at fault claim against that person or company.  In these circumstances the insurance company for the at fault driver will respond to defend and pay the claim.  There are limits on at fault claims in Ontario and certain conditions that need to be met to bring an at fault claim.   

If you have been injured in an accident, you may be wondering what claims you are entitled to and what is covered by no fault benefits.  Contact us for a Free Consultation.  We can answer your questions so that you can make an informed decision for your future.  

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". 

Introduction:
In a tragic incident that unfolded on Saturday, November 25, 2023, a somber cloud looms over Highway 60 near Hidden Valley Road in Huntsville. A serious two-vehicle collision claimed the lives of five individuals, shaking the communities of Richmond Hill and North York, Ontario. Among the victims were four teenagers aged between 15 to 17 and a 42-year-old woman. As our hearts go out to the affected families, Iacobelli Law Firm aims to shed light on the rights of grieving families in the aftermath of such devastating events, specifically focusing on Ontario's wrongful death claims under the Family Law Act.

Understanding Wrongful Death Claims:
The aftermath of a fatal car crash is undeniably painful, and families often find themselves grappling with both emotional and financial burdens. In Ontario, the Family Law Act provides a legal avenue for families to seek compensation for the loss of a loved one in cases of wrongful death.

1. Eligibility for Wrongful Death Claims:
The Family Law Act stipulates that certain family members have the right to file a wrongful death claim. Typically, this includes spouses, children, grandchildren, parents, and siblings of the deceased. These individuals may be entitled to compensation for the losses they endure due to the untimely death of their loved one.

2. Recoverable Damages:
In wrongful death claims, families may seek compensation for various types of damages, including but not limited to:

• Loss of Care, Guidance, and Companionship: This encompasses the intangible aspects of the relationship between the deceased and their family members.
• Funeral Expenses: The cost of the funeral and burial arrangements may be recoverable.
• Financial Support: Dependents may be entitled to compensation for the loss of financial support the deceased would have provided.
• Psychological and Emotional Distress: Family members may seek compensation for the emotional trauma and psychological distress resulting from the loss.

3. Time Limits for Filing Claims:
It is crucial for grieving families to be aware of the time limits associated with filing wrongful death claims. In Ontario, the limitation period is generally two years from the date of the deceased person's death. Seeking legal advice promptly is essential to ensure that families do not inadvertently forfeit their right to compensation due to delays.

4. Legal Support for Families:
Navigating the legal complexities of a wrongful death claim can be overwhelming, especially in the midst of grief. Iacobelli Law Firm is dedicated to providing compassionate and experienced legal assistance to families seeking justice and compensation for their losses.

Conclusion:
The tragic car crash near Hidden Valley Road serves as a poignant reminder of the fragility of life and the devastating impact such events can have on families. As we extend our heartfelt condolences to those affected, we also want to empower families with the knowledge of their rights under the Family Law Act. In these challenging times, Iacobelli Law Firm stands ready to offer support, guidance, and legal representation to help families navigate the path toward healing and justice.

Note: This article is for informational purposes only and should not be construed as legal advice. Individuals seeking legal counsel should consult with a qualified lawyer.

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". ​