Tullio D’Angela is all about experience, compassion and results

Sep 30

WRITTEN FOR THE TORONTO STAR - MARCH 20, 2023

The moments, months and possibly years after a motor vehicle accident are arduous to say the least. You want an experienced lawyer on your side as you embark on what could be one of the most grueling times in your life. Tullio D’Angela, founder of Tullio A. D’Angela Professional Corporation (TAD Law) has dedicated his career to helping people navigate the legal world of motor vehicle accidents.

“Representing people involved in accidents coupled with my previous legal work with insurance companies has armed me with a unique perspective. When a person has been injured, they need the time to heal as well as guidance and caring to move forward. I strive to help people through this process. Ensuring that they are treated with respect and dignity,” says D’Angela.

D’Angela’s main personal injury practice areas include motor vehicle accidents as well as slip and falls and long-term disability claims, while his vast legal expertise ranges from conducting tribunal hearings to trials.

“The complexity of a file is determined by the type of case, the facts involved as well as the strengths and weaknesses. My approach involves ensuring my client understands the strategy and thought process involved. The road to recovery is something that needs to be outlined. To recover a substantial claim, injuries need to be permanent and serious. Even if this criterion is met, it can still be an uphill battle,” adds D’Angela.

According to D’Angela, there are two components to motor vehicle accident claims. The first step involves claiming insurance benefits from one’s own insurance company (called accident benefits in Ontario) for medical/rehabilitation treatment and income loss. This entails filling out the necessary paperwork to start the process and starting the client on the road to recovery. The second element is navigating the potential for a lawsuit against the at-fault driver. This involves putting the driver on notice of the potential claim and then issuing a statement of claim, which formally commences the lawsuit to recover damages from sustained injuries.

D’Angela notes that the law regarding motor vehicle accidents claims against at fault drivers in Ontario is stringent. For example, there is a statutory threshold in place, which requires that the injuries sustained in the accident must be a permanent serious impairment of a physical, mental or psychological function. However, even if the injured party meets this threshold, there is still a statutory deductible to overcome.

In Ontario, the purpose of the statutory deductible is to limit the amount an injured person can recover for their pain and suffering. The statutory for 2023 sits at $44,367.24. For example, this means that if the injured party is awarded $50,000 for pain and suffering, they would walk away with little more than $5,000. To compound matters, the statutory deductible is indexed for inflation on a yearly basis. Therefore, over time, the deductible will only increase making it even harder to successfully recover damages for pain and suffering.

“Understanding this nuance in the legal system is critical for the client to avoid any false hope and manage expectations. As well, in a jury trial, the jury is not apprised of the statutory deductible and thus is not aware of the impact it has on damages. The sad reality is that this information is not common knowledge and an injured person runs the risk that a jury will make an award less than the deductible, thereby cancelling out any recovery for pain and suffering damages” says D’Angela. He adds, “This is the main reason why insurance companies instruct their lawyers to file a jury notice.”

Complicating matters more is bias towards psychological or soft tissue injury claims. These types of injuries are not obvious and rely on the credibility of the injured person. Consistency in the conveying pre- and post-accident health complaints is crucial. This is especially important in trials involving a jury. When an injured party suffers a soft tissue or psychological injury then credibility becomes the most important factor in a successful outcome. When the injury is non-physical, sometimes scrutiny and skepticism ensue. Since the injury cannot be seen, it is critical to the case to see a doctor regularly to be forthright and consistent.

Being experienced on both sides of this area of law – as legal counsel for insurance companies and in his current practice representing injured parties - has provided D’Angela with broad knowledge on how to handle even the most complicated of cases to achieve success.

“It’s important to understand that just because there has been an accident and pain is being experienced, doesn’t mean things will always work out as the client wishes or result in recovery of damages. This is simply the reality in Ontario. This is a long road and process. So much more goes into each case than meets the eye,” adds D’Angela.

Above all, it’s imperative to the outcome that the lawyer you hire has the requisite experience to handle the need for a trial or hearing if the file leads in that direction. Click here to schedule a free consultation.

Clients have valid concerns and as lawyers it’s our obligation to guide them and calm their worries, concludes D’Angela.

For more information about Tullio A. D’Angela and how he can help please visit the website and Instagram.