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Disability Insurance Denial – Fees and Strategy

Disability Insurance Denial – Fees and Strategy

It comes as a shock to most people: you are unable to work, you have been paying the disability insurance company regularly and on time (otherwise they would have cut off your cove ...

Insurance Assessors – Serious Concerns Raised

Insurance Assessors – Serious Concerns Raised

When you are injured in a car accident, there are usually two parts to your claim - (1) an accident benefits claim; and (2) a claim against the other driver (which is secretly defe ...

Feel less protected when driving recently??  You should, and you should explore steps to protect yourself…

Feel less protected when driving recently?? You should, and you should explore steps to protect yourself…

There are some very bad apples out there that cause car accidents - people who just do not seem to care and make no apologies for their negligence, despite causing horrible injurie ...

Are alligators safer than gorillas at law? Or just how powerful is the Disney brand?

Are alligators safer than gorillas at law? Or just how powerful is the Disney brand?

During the past few weeks we have seen a very powerful demonstration of the strength of the Disney brand and the importance of image when we compare two separate tragic incidents. ...

Car Accident Injury Benefits are changing again

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 be ...

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

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 st ...

Deductible on pain and suffering (car accident injury) – RECENT NEWS

Deductible on pain and suffering (car accident injury) – RECENT NEWS

In Ontario, a "pain and suffering" award is only available to people who suffer a 'permanent and serious physical or psychological impairment or permanent and serious scarring'.  F ...

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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Judge Awards 3 Million in punitive damages against Disability Insurers in disability denial lawsuit

On April 8, 2013, The Globe and Mail reported on a ground-breaking recent decision in Saskatchewan where a judge awarded 3 million dollars in punitive damages against two insurance companies for failing to pay disability benefits to a 52 year old welder (Mr. Branco). In that case, it was reported that the insurance companies denied the plaintiff long term disability benefits and made inappropriate demands i ...

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The Emotional Consequences Of Personal Injury

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 to make ends meet. Although it can certainly be a more challenging scenario to prove the ...

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