The Sound of Silence: why it’s best with adjusters I often meet with potential clients who advise that they have an upcoming appointment with an insurance adjuster to provide a statement. When I express my concern with the idea of them meeting with the adjuster, the usual reply is “what’s the big deal, I have…
On October 15, 2019 Madam Justice Young of the Supreme Court of British Columbia, issued her judgement in Greig v. Desjardins , awarding punitive damages of $200,000 and aggravated damages of $50,000 against Desjardins for its conduct in denying a claimant’s long term disability benefits: https://www.canlii.org/en/bc/b… The case involved a claimant who had been denied…
Below, please find a brief discussion about some of the topics that people often call me about when considering whether to sue for a long-term disability benefits denial. Below, I have dealt with the following issues: 1.Appeal or sue? 2.Total disability/Any Occupation denials 3.Paid insurance company assessors 4.Limitation dates 1. Long Term disability Denial –…
On July 24, 2017, Ontario’s Court of Appeal decided the case of Dittman v. Aviva. The issue was whether a woman who was burned while buying hot coffee from a drive-through at McDonald’s, was entitled to accident benefits. The question was whether her injury was as a result of the use or operation of her…
Suffering with a disability that renders you unable to work is tough. When you’ve been denied a disability claim, that can make the stress seem more insurmountable. That being said, you do have options even after your claim has been denied. Just because your claim is denied, doesn’t mean you don’t have any farther right…
Potential clients often ask me what the “usual” percentage legal fee is for personal injury cases and lawsuits involving slip and falls or car accidents. There is no “set” legal fee or “usual” legal fee – it’s all subject to agreement. My own personal practice is to charge a percentage fee based on four factors:…
Until you have had a serious personal injury , or have worked closely with someone who has, it can be difficult to fully grasp the emotional consequences that a personal injury can bring with it. It can be a particularly difficult situation to explain when the plaintiff/injury victim is still working and doing their best…
In 2004, sisters Shannon and Erica Deering were in a car accident while traveling along Coates Road to Whitby. While driving their vehicle, Shannon believed she saw an oncoming vehicle approaching in their lane, and swerved off the road landing into a rocky culvert after rolling. Both sisters experienced severe injuries to their spinal cords,…