Areas of Practice

Click the links below to learn more about each area of practice at Santucci Law. For answers to commonly asked questions see the personal injury law FAQ page.

Insurance Law

Accident Benefits

Accident benefits are benefits that may be available to you regardless of who was at fault for the accident. You may need treatment that is not covered by OHIP or an income replacement benefit for example. There are many benefits potentially available depending on your circumstances and the date of your accident.

If you have were injured in a motor vehicle accident you need to contact your insurance company of an accident within 7 days of the accident.

If you do not have auto insurance and you were involved in a motor vehicle accident, it may not be clear to you who your insurer for accident benefits purposes may be. It will likely be the insurer of one/any of the vehicles involved in the accident. If there isn’t an insurer at all you may have a claim through The Motor Vehicle Accident Claim Fund (1-800-268-7188).

There are very strict timelines and rules about claiming accident benefits and that is why it is vital that you obtain the assistance of a personal injury lawyer.

In the most severe of cases, you may have a catastrophic injury. The laws are particular about what injuries are considered catastrophic. If this is the case, there is no doubt that you will need the support of a lawyer experienced in these kinds of cases. We can help.

Short & Long Term Disability Benefits Help

You may have short-term, long-term disability benefits, or both either through your workplace or through your own efforts to obtain them privately. Whether you are entitled to these benefits is usually dependent upon whether your injury/illness/disability falls within the definition of disability under the policy. Each policy is different, but usually, there will be two successive definitions of disability. Usually, if you are unable to do your own job you will be entitled to benefits for a certain period of time and after that time frame, if you are unable to do any job given you education training or experience you may be entitled to continuing benefits. These definitions or tests are commonly known as the “own occupation” and “any occupation” tests. There is also some variability concerning these definitions, so you need to know the exact wording.

If you are trying to access these benefits you need to go through the application process and obtain a complete copy of the policy under which you are an insured person. The benefits booklet that you received at your place of employment or through your private insurer is not the policy. It is usually a helpful document in that it is a summary of the benefits available to you but it is not the actual policy.

It is also helpful to know whether your benefits are taxable or non-taxable in your hands. You should contact either your employer or your insurer to find out the answer to this question if you do not know the answer.

Sometimes these policies have other benefits attached to them such as life insurance, pension contributions and medical and rehabilitation benefits. Every policy is different which is why you need copy of the whole policy not just the summary of benefits or the “benefits booklet.”

If your benefits have been denied you need to contact a personal injury lawyer immediately. These benefits are usually a disabled person’s financial lifeline, and you need to protect your rights under the policy. We can help.

Personal Injury Law

Motor Vehicle Accidents

Motor vehicle accident legislation is very complex, and if you have been seriously injured in a motor vehicle accident, it is vital that you find out and protect your rights. You may have the right to sue for compensation for pain and suffering, economic losses, future care costs and housekeeping expenses. Each person’s case is different, and that is why you need to speak with an experienced personal injury lawyer. We can help.

If you have questions please see the Motor Vehicle Accidents FAQ for answers.

Slip and Falls

There many types of accidents other than automobile accidents.

Property owners have a duty keep their premises safe. Serious injury can occur when owners are negligent in that duty, and you may have a claim against them if you are injured on their property. Early contact with a personal injury lawyer is critical in these kinds of cases because there are short notice requirements in some cases such as on municipally owned properties.

You may be entitled to claim compensation for pain and suffering, economic losses, housekeeping and future health care costs. We can help.

Fatal Accidents

The death of a loved one is one of the most difficult circumstances that a family will have to endure. To add insult to injury, that loved one would be alive but for the negligence of the at-fault party. Often family members will not contact a lawyer to ascertain whether they have a provable claim because they may be perceived as someone trying to profit from the death of the loved one. Nothing could be further from the truth.

Under the Ontario Family Law Act, certain family members such as spouses, parents, children and grandparents may be entitled to make a claim for damages for the loss of care, guidance and companionship, that one could have otherwise expected from the deceased if the accident had not happened. There may other claims available as well to family members depending on the circumstances. We are very familiar with the sensitive nature of these kinds of cases. We can help.

Pedestrian Accidents

Talking a walk, going for a run or riding your bicycle are all common activities of daily living and never could you imagine that you would be struck down by a motor vehicle in the process and that your day would end very differently than you expected. You may not even recognize that you have been involved in a motor vehicle accident because you were not operating, nor were you a passenger, in a motor vehicle yourself. But you have been in a motor vehicle accident, and if you were seriously injured you might have rights against the at-fault party, and they are worth protecting. You may also be entitled to accident benefits.

If you’ve been injured in a pedestrian accident we can help.