do I need a lawyer in Canada or USA if I am canadian injured in car acCident in florida (united States)?
If you are a Canadian injured in a car accident while visiting Florida, you may need a lawyer in both Florida and Canada. The law of the state where the car crash occured, such as Florida, will control with respect to your rights to bring a lawsuit to recover for your pain and suffering and economic losses, such as medical expenses and lost wages. The law of state where the accident occurred, will also control all of the procedural rules for bringing a claim, such as time limits, notice requirements, insurance disclosure, etc. So, following an accident in Florida, a Canadian will very often have a claim that can only be handled by a Florida practicing attorney. This is usually not the end of the story, however. Canadians will almost always have rights and benefits in their home province also. This could include no-fault benefits, which in Ontario can be as high as $1,000,000. These benefits cover medical expenses, services and lost wages, in addition to claims you might have in Florida. Additionally, there may be rights to underinsured motorist benefits under your Canadian auto insurance policy, in the event that the at-fault driver is either uninsured or underinsured.
As the snowbird attorney, I regularly assist Canadians that have been injured in cross-border car accidents while visiting Florida or other states. Having a practice both in Canada and the United States allows us to help you recover all of the money damages for your losses in both countries.
Contact us for a FREE Consultation with an experienced Canada-Florida 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".
The Snowbird Attorney, Andrew Iacobelli understands that being involved in a motor vehicle accident is frightening especially when you are a Canadian injured in Florida. Andrew is often referred to as the Lawyer for Canadians, the Snowbird Lawyer or Snowbird Attorney because he has helped countless Canadians that have been injured in the United States.
The Snowbird Attorney regularly represents Canadian residents who have been seriously injured while visiting the United States and can coordinate access to benefits from your Ontario Insurance policies, as well as available policies from US insurers. Where necessary, we have a network of professionals within the United States as well.
Following an accident or injury in the United States, you may be worried and confused about your legal rights and options. It’s difficult to deal with a serious accident when you are a Canadian injured while visiting Florida. In addition to worrying about your health and well-being, you may be faced with a complex insurance claims process, expensive medical bills and many more decisions. Insurance companies and healthcare representatives may be asking you to make decisions and sign documents. You will have many questions.
Attorney, Andrew Iacobelli recognized an important need to reach Canadian residents that have been injured in Florida to not only share important information but to also allow Canadians to reach out to a Personal Injury Lawyer who can help with Snowbird Accidents. “Ask the Snowbird Attorney” is an online group where members can discuss their concerns, ask questions and will help you decide if you need to speak with The Snowbird Attorney. Have you been injured in Florida and have questions? We encourage you to join the group at: Ask The Snow Bird Attorney | Facebook.
Before speaking with the insurance company, it is important to know your rights and you do not have to
face the consequences of an accident in the United States alone. Personal injury attorney, Andrew Iacobelli, is experienced in cross-border personal injury cases and maintains offices in Ontario, Canada and Florida, USA. Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Call us for a FREE CONSULTATION at 1-866-234-6093. We are available 24/7.
If you are a Canadian resident that has been injured while travelling to Florida, it can be very confusing to determine where to obtain help for accident claim. The short answer is that you may need a lawyer with experience with Ontario law and Florida law.
If the accident involves a motor vehicle, such as a car crash, or motor vehicle striking a cyclist or pedestrian then at least part of your claim for insurance benefits must proceed in Ontario. Ontario has a no-fault benefits system known as statutory accident benefits that provide certain basic coverage for Ontario residents that are injured in accidents involving motor vehicles. These benefits are available for accidents occurring in Canada or the United States. Such benefits must be accessed in Ontario, and any lawsuits arising out of entitlement to these benefits need to be commenced in an Ontario court.
In addition to the statutory accident benefits available to Ontario residents injured in Florida, the Ontario resident may also have a claim in tort against the at-fault party and their auto insurance policy. For Ontario residents that sustain serious injuries in Florida, these claims usually involve claims against American and Canadian auto insurance policies. In our experience, most often when an Ontario resident is injured in a car accident in the United States, there is insufficient insurance limits available on the at-fault Florida vehicle. The minimum insurance limits in Florida are far less than in Ontario. As such, Ontario residents that are injured in Florida car accidents will often need to advance a claim in Ontario, Canada for the uninsured and underinsured benefits. In these claims, the jurisdiction is Ontario, although some Florida law applies to resolving the claim.
Cross border personal injury cases can be complex and you should not delay in consulting a Ontario personal injury lawyer to make certain that your rights are fully protected.
Andrew Iacobelli, obtained his Juris Doctor degree (cum laude) from Michigan State University and he is licensed to practice law in the province of Ontario and in the State of Michigan and State of Florida. Andrew is also admitted to practice in the United States Federal Courts for the Southern, Middle and Northern Districts of Florida, and the United States Eleventh Circuit Court of Appeal. Before returning to Ontario, Andrew litigated serious personal injury, wrongful death, and insurance bad faith claims in the United States. Andrew has established a network of legal professionals in the United States with whom he is able to co-ordinate legal proceedings which must be conducted in the United States.
If you have been seriously injured in a Florida accident, call us for a FREE CONSULTATION toll free at 1-866-234-6093.
Canadian injured in the United States Car Accident and Insurance Company is Asking You to Elect Benefits from Ontario or United States - Which Benefits Should I Choose?
If you are an Ontario resident and have recently been injured in a car accident while visiting the United States, your insurance company will ask you to complete an election of benefits form. That is, you will be asked to elect between Ontario Accident Benefits or Accident Benefits (PIP) benefits of the State where the accident occurred. Your response to this can have serious implications for the amount of coverage available for losses and expenses associated with such things as income loss, and medical and rehabilitation costs. It is important to be familiar with the benefits available in Ontario and the state where the accident occurred.
In additon to accident benefits, you will also have to determine whether you have a tort claim against an at-fault driver. Again, the insurance coverages available under your Ontario auto policy and those of the at-fault vehicle will need to be reviewed to determine if your claim will be advanced in the United States or Ontario.
When Ontario residents are involved in car accident in the United States, there are special considerations and steps that need to be taken to protect your rights. It is important to speak with a lawyer familiar with cross-border car accident claims before you make a costly decision. Our law firm regularly represents Ontario residents that are injured in the United States. If you have questions, call us for a Free Consultation at 1-866-234-6093 or complete our online 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.