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Car Accident Injury Claims

Car Accident Injury Claims

Overview: There are two parts to the motor vehicle accident claim system. (1) The first is called accident benefits, which are provided immediately and regardless of fault. The int ...

Slip and fall Injury Lawsuits

Slip and fall Injury Lawsuits

Winter weather slip and falls: Slip and fall accidents frequently occur on ice in Ontario Canada. The Eastern region (Oshawa, Whitby, Bowmanville, Ajax) are often hit harder by win ...

Long Term Disability Denial

Long Term Disability Denial

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 ...

CBC Radio show with guest lawyer Steven Polak (Underage drinking permitted by parents) June  20, 2018

CBC Radio show with guest lawyer Steven Polak (Underage drinking permitted by parents) June 20, 2018

A CBC Radio Show (Ontario Today) exploring issues surrounding parents who permit underage drinking in their homes and at parties. Click here for link: CBC Radio (Ontario Today) sho ...

Long Term Disability Denial?  A Lawyer’s perspective

Long Term Disability Denial? A Lawyer’s perspective

By their very nature, corporations are soul-less, heart-less entities (they exist only as legally created entities). Decisions often appear to be dictated by targets, time-lines an ...

Discussing plaintiff car accident injury law defeats and what it can teach us

Discussing plaintiff car accident injury law defeats and what it can teach us

This article discusses a recent Court decision and the dangers that injured plaintiffs must consider and be aware of when seeking compensation for their injuries and damages. Too o ...

Brain Injury Decision-Glasgow Outcome Scale (car accident/catastrophic injury/benefits)

Brain Injury Decision-Glasgow Outcome Scale (car accident/catastrophic injury/benefits)

On January 12, 2018 the License Appeal Tribunal released its decision in A.K. and State Farm Insurance Company. The decision can be found here: CLICK HERE FOR DECISION In that case ...

Long Term Disability Denial

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 - should you appeal or should you sue? If you ar ...

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Woman who spills hot coffee on herself at McDonalds drive-through entitled to accident benefits

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 vehicle.  The link to the decision is here: http://www.ontariocourts.ca/decisions/2017/2017ONCA0617.htm ...

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Purchasing Disability Insurance: What You Need to Know

If you’re a business owner or a salaried person without benefits there are certain liabilities from which you may need to be protected. One of them may be any losses that can result from a disability. If you become sick and unable to work for a long period of time, disability insurance can replace a portion of any income that has been lost during that time if it goes beyond a certain period (usually 90 days ...

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Car Accident Injury Benefits are changing again

While I have been knee-deep in the industry as a personal injury lawyer who frequently deals with car accident injury lawsuits for many years, it seems that the changes that are being made to car accident victims' benefits are almost at a rapid fire pace over the last few years. A new round of benefit changes, effective June 1, 2016 will make further changes to the Standard Auto Insurance policy and the ben ...

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New Study looks at effects of physical/mental injury/disability on labour market participation

A new study on Statistics Canada's website examines labour market participation rates among individuals who have a physical/mental injury that results in some disability.    The study can be found here: http://www.statcan.gc.ca/pub/75-006-x/2014001/article/14115-eng.htm It found that the employment rate of people aged 25 to 64 with a mild disability was 68%, compared with 54% for those iwth a moderate disab ...

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When things go wrong with your long term disability insurance company…

It all seems proper and appropriate when you receive your initial claim forms and speak with the (often pleasant) representative at the insurance company about obtaining benefits from the disability insurance policy that you have paid into for all those years.  At that point you are thinking, "Lawyer, why do I need a lawyer?" But then you end up with a long protracted absence and it becomes apparent that yo ...

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My Disability Insurer’s Doctor says I can work and cut off my long term disability benefits

Long term disability insurance companies such as Manulife, Sunlife, Great West Life, Desjardins and others will often consult with physicians when determining whether or not an insured should be paid short or long term disability benefits. People are often surprised by the process, the results and the comments made by those physicians.  The first thing that often surprises people is the use of medical consu ...

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My insurer says that I can do “any occupation” and denied my disability benefits

I often receive calls from people who have been denied long term disability benefits (LTD benefits) or income replacement benefits (accident benefits) on the basis that their insurer says that they do not meet the "any occupation" test. The "Any Occupation" test for disability benefits typically becomes the governing test after two years of disability.  When you first read it, it is a scary thing - "Any occ ...

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Appealing long term disability benefits insurance denials vs suing

If you are reading this, you have probably been denied long term disability benefits by your LTD insurance carrier.  Whether the denial was made by one of the well known disability companies like Manulife, Great West Life, Desjardins, or others, there is normally an opportunity to "appeal" or dispute the initial denial. However, despite the ability to appeal, for the purposes of the limitation period to sue ...

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personal injury lawyers percentage fee for slip and fall and car accident injury claims

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: (1) the time expended on your case, (2) the complexity of the matters in issue, (3) the degree ...

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