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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 coverage), then you get a letter from them saying that they have simply denied the claim.  Sometimes a doctor that they hand-selected and hired said you weren't entitled anymore and other times you are completely in the dark about the ...

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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 defended by the other driver's insurer).  Both of those companies have the right to not listen to treating doctors and to, instead, hand-pick medical doctors, pay them and send you to see those doctors for opinions.  Many insurer's ha ...

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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 injuries.  But there are also a ton of "good apples" who have a momentary lapse of concentration - ie: a moment of inattention due to a screaming child, or a tired eye.  All of those people need to be aware that the government's recent l ...

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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. In the first incident, we have a mother take a child to the zoo and when a rambunctious young child crawled under a gate and into a gorilla area.  The gorilla had to be shot to save the child.  There was an outcry among some membe ...

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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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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'.  For many of those people that have, through no fault of their own, suffered serious and permanent injury, the insurance company who insures the at-fault driver then gets to apply a "deductible" in many of those cases. For those of ...

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Study finds persisting lapses in attention for mild brain injuries in kids

A new study has provided further research and analysis into the effects of mild brain injuries on children's attention.  This is further important information for personal injury lawyers and their clients who have suffered unfortunate brain injuries in car accidents or by other means. WebMD notes that: "Parents, teachers and doctors [ed., and lawyers] should be aware that attention impairment after traumati ...

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New Law makes drastic changes to catastrophic impairment definition for car accident injury cases

The government has moved ahead with a new regulation that drastically alters the definition of catastrophic impairment and the benefits available for people who sustain catastrophic injury. The new regulation can be found here: http://www.ontario.ca/laws/regulation/r15251 This will result in significant changes for car accident injury victims and is an unfortunate addition to an already long list of recent ...

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New changes for personal injury lawsuits in car accident injury cases

New changes to the auto insurance regulations have been brought in, effective August 1, 2015.  A summary of the changes can be found in this bulletin from the Financial Services Commission: https://www.fsco.gov.on.ca/en/auto/autobulletins/2015a/Pages/a-05-15.aspx This is a link to the now amended regulation: http://www.ontario.ca/laws/regulation/960461 Summary of some important points: *Deductible will now ...

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