As a personal injury lawyer with experience in both Canadian and US legal systems, I'm here to provide you with a comprehensive primer on the basics of personal injury lawsuits in the US, shed light on key differences between Canadian and US legal systems, and offer valuable advice on how Canadians can safeguard their rights and pursue rightful compensation. Let's delve into this crucial topic together.
Understanding Personal Injury Law in the US, with a Focus on Florida
Key Differences Between Canadian and US Legal Systems
Protecting Your Rights and Seeking Compensation
If you are a Canadian injured in the United States, there are steps you can take to protect your rights to bring a claim. These steps include:
Canadians navigating personal injury lawsuits in the US, especially in Florida, requires a solid understanding of the legal landscape and procedures. As Canadians seeking justice and compensation, it's crucial to be informed, prepared, and supported by legal professionals who can bridge the gap between the Canadian and US legal systems. Remember, your rights and well-being deserve protection, and with the right guidance, you can navigate the complexities of personal injury law and pursue the compensation you rightfully deserve.
Contact us for a FREE Consultation with an experienced cross-border injury attorney.
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".
Canadian in Florida Accident and the driver that caused the accident has no insurance - Can I make a Claim against My Own Ontario Canada Insurance Policy?
If you are a Canadian injured in an accident while visiting Florida and the driver of the other vehicle does not have insurance, you may still be able to claim compensation for your injuries. Ontario auto insurance policies provide protection if you are involved in a car accident with uninsured or inadequately insured driver while visiting Florida. This insurance coverage is in addition to no-fault statutory accident benefits, which may also be available to Ontario residents injured in Florida. The Uninsured Claim will be advanced against your Ontario Auto Insurer in Ontario, although some aspects of Florida law will apply. That is, Ontario law on damages applies while the laws governing liability are controlled by Florida law. There are important distinctions between Ontario and Florida law on liability. Significantly, some of the harsh Ontario laws such as the deductible and threshold should not apply in an Uninsured Claim in Ontario, as the Courts have held that those are liability provisions. If this sounds somewhat complicated, that is because it can be. Get informed about your rights by obtaining advice from a lawyer with experience handling Florida uninsured claims in Ontario.
Attorney Andrew Iacobelli is a licensed attorney in the State of Florida and licensed lawyer in the Province of Ontario. He has offices located in Palm Beach County Florida, and Richmond Hill Ontario. Through these offices, Andrew regularly assists Canadians that have been injured while visiting Florida. All cases are unique and may have aspects that need to be advanced in the United States and Canada. We are happy to review the circumstances of your case so that you can make an informed decision. Consultations are Free and there is no obligation. To learn more, call us at 1-866-234-6093 or complete an online contact form to request a Call.
This time of year, many Canadians are travelling to Florida to enjoy the sunshine. When a Ontario resident is involved in a car accident in Florida, they will often have access to Canadian and US insurance benefits. It may surprise you to know that when a Canadian is injured in a car accident in Florida, very often the claims for losses are primarily paid by a Canadian auto insurance policy.
Ontario auto insurance policies provide insurance coverage in the event that you are injured while travelling in Florida or other US States. The Ontario auto policies include first-party accident benefits, as well as coverage for liability and underinsured and uninsured motorists in the event of an accident in Florida.
In the case of a Florida car accident, an Ontario resident will have the option of electing benefits of either Ontario or the State of Florida. The election cannot be changed, so it is important to understand the difference between Ontario benefits and Florida benefits before making an election.
Additionally, Florida also has lower minimum insurance requirements for their drivers and vehicles. As such, many Canadians from Ontario will also need to consider advancing an Underinsured or, sometimes, Uninsured motorist claim in Ontario, even though the accident occurred in Florida. These claims must be commenced in the Province of Ontario, even though the accident occurred in Florida. Canadian courts have recognized that Ontario residents injured in an accident in the United States have a direct right to commence the Underinsured or Uninsured claim independently of any claim they might also have against the at-fault driver in the United States. See, Somersall v. Friedman, 2002 SCC 59 (CanLII),  3 S.C.R. 109; Johnson v. Wunderlich (1986), 57 O.R. (2d) 600, 1986 CanLII 2618 (ON CA), 1986 CanLII 2618 (C.A.);Forsythe v. Westfall, 2015 ONCA 810.
Iacobelli Law Firm regularly represents Canadians in their insurance claims following a car accident in Florida. Lawyer Andrew Iacobelli has experience in Ontario and the United States, and has offices in Ontario and Florida.
If you are a Canadian (Ontario) resident and have been injured in a car accident in the United States, we may be able to assist. We provide FREE CONSULTATION with no obligation to prospective clients. The Consultation is Free, Confidential and without any obligation on your part. Call us any time, day or night, to learn more about your rights or to request a free consultation with a lawyer by calling 1-866-234-6093 or completing our contact form here.
Andrew Iacobelli is a lawyer, licensed to practice law in Florida, Michigan and Ontario. Andrew restricts his practice to the representation of individuals that have been seriously injured.