12 min
Personal Injury Claims in Ontario When a Patient is Incapable of Making Decisions (under a disability or is a minor) Personal Injury Law Podcast | Iacobelli Law Firm
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- How To
In this episode, Andrew Iacobelli and Colton Leung from Iacobelli Law Firm will be discussing what happens in a personal injury claim in Ontario involving an individual under a disability or is a minor who cannot make decisions on their own.
Watch the video version ►
Personal Injury Claims in Ontario When a Patient is Incapable (under a disability or is a minor) - YouTube
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CONTACT US FOR A FREE CONSULTATION
If you've been recently involved in a car accident in Ontario, feel free to give us a call at any time for a FREE consultation.
📞 Calls are answered 24/7 at 1-866-234-6093
Or
🌎 Visit our website at:
https://www.iacobellilaw.com (Ontario, Canada)
https://www.iacobellilawyers.com/ (Florida, USA)
========================
ABOUT IACOBELLI LAW FIRM
Iacobelli Law Firm is a dedicated personal injury law firm serving all of Ontario. If you or a loved one has been injured, you do not have to face the consequences alone. The compassionate and competent legal team at our Ontario personal injury law firm can help you and your family on your road to recovery.
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ABOUT THIS VIDEO
We're gonna be talking about how you start a claim and advance a claim if it's an individual under a disability. So that could be a situation where someone has suffered a severe brain injury and is unable to make decisions on their own. Another example would be if somebody's legally considered a person under disability, for instance, a minor that can't make legal decisions on their own.
What Is A Substitute Decision Maker?
If an individual is disabled in an accident and has sustained very traumatic injuries that renders them unable to make decisions on their own. A Substitute decision maker, usually their next of kin such as the wife or husband would step in and be listed as their guardian. and advise us that their loved one was involved in a very serious motor vehicle accident for example. More likely than not, they're gonna be listed as their guardian. As a substitute decision maker they could make not only all the legal decisions but also financial decisions such as opening or closing bank accounts and authorizing payments.
What Is A Litigation Guardian?
The litigation guardian also makes decisions on behalf of the plaintiff who's disabled or a minor. A Litigation Guardian has effective control over the case brought on behalf of a person with a disability. As a lawyer, we would take instructions from the litigation guardian over matters such as any potential settlements and decisions that would benefit the plaintiff.
What Is A Capacity Assessment?
A capacity assessment is a tool used to evaluate if an adult is capable of making personal or financial decisions on their own behalf and understand the consequences of their decisions. A capacity assessor would run tests to see if the adult understands all the facts and considerations when making a decision. It is important to assess individuals who have suffered traumatic brain injuries to determine whether or not they require someone to step in to make personal decisions for them.
What Are Structured Settlements?
Typically what would happen in a settlement, if you settled your case for X dollars, you get a check for X dollars. In a structured settlement instead of paying you directly the money. The insurance company actually buys an annuity. The settlement is structured so that it pays out whatever form and amounts you've agreed upon. These can be very helpful in cases where someone needs lifelong healthcare and there are monthly expenses required. There would just be payouts monthly to cover those expenses so that the capital's preserved.
With children that are injured, you can structure the settlements so that there are payouts when they reach the age of majority and payouts throughout their 20’s into their 30’s. So there's a lot of value to structured settlements and it’s a good way to preserve capital to protect the injured p
In this episode, Andrew Iacobelli and Colton Leung from Iacobelli Law Firm will be discussing what happens in a personal injury claim in Ontario involving an individual under a disability or is a minor who cannot make decisions on their own.
Watch the video version ►
Personal Injury Claims in Ontario When a Patient is Incapable (under a disability or is a minor) - YouTube
========================
CONTACT US FOR A FREE CONSULTATION
If you've been recently involved in a car accident in Ontario, feel free to give us a call at any time for a FREE consultation.
📞 Calls are answered 24/7 at 1-866-234-6093
Or
🌎 Visit our website at:
https://www.iacobellilaw.com (Ontario, Canada)
https://www.iacobellilawyers.com/ (Florida, USA)
========================
ABOUT IACOBELLI LAW FIRM
Iacobelli Law Firm is a dedicated personal injury law firm serving all of Ontario. If you or a loved one has been injured, you do not have to face the consequences alone. The compassionate and competent legal team at our Ontario personal injury law firm can help you and your family on your road to recovery.
========================
ABOUT THIS VIDEO
We're gonna be talking about how you start a claim and advance a claim if it's an individual under a disability. So that could be a situation where someone has suffered a severe brain injury and is unable to make decisions on their own. Another example would be if somebody's legally considered a person under disability, for instance, a minor that can't make legal decisions on their own.
What Is A Substitute Decision Maker?
If an individual is disabled in an accident and has sustained very traumatic injuries that renders them unable to make decisions on their own. A Substitute decision maker, usually their next of kin such as the wife or husband would step in and be listed as their guardian. and advise us that their loved one was involved in a very serious motor vehicle accident for example. More likely than not, they're gonna be listed as their guardian. As a substitute decision maker they could make not only all the legal decisions but also financial decisions such as opening or closing bank accounts and authorizing payments.
What Is A Litigation Guardian?
The litigation guardian also makes decisions on behalf of the plaintiff who's disabled or a minor. A Litigation Guardian has effective control over the case brought on behalf of a person with a disability. As a lawyer, we would take instructions from the litigation guardian over matters such as any potential settlements and decisions that would benefit the plaintiff.
What Is A Capacity Assessment?
A capacity assessment is a tool used to evaluate if an adult is capable of making personal or financial decisions on their own behalf and understand the consequences of their decisions. A capacity assessor would run tests to see if the adult understands all the facts and considerations when making a decision. It is important to assess individuals who have suffered traumatic brain injuries to determine whether or not they require someone to step in to make personal decisions for them.
What Are Structured Settlements?
Typically what would happen in a settlement, if you settled your case for X dollars, you get a check for X dollars. In a structured settlement instead of paying you directly the money. The insurance company actually buys an annuity. The settlement is structured so that it pays out whatever form and amounts you've agreed upon. These can be very helpful in cases where someone needs lifelong healthcare and there are monthly expenses required. There would just be payouts monthly to cover those expenses so that the capital's preserved.
With children that are injured, you can structure the settlements so that there are payouts when they reach the age of majority and payouts throughout their 20’s into their 30’s. So there's a lot of value to structured settlements and it’s a good way to preserve capital to protect the injured p
12 min