The fine print matters. It especially matters in long term disability claims. The overwhelming majority of personal injury cases are tort cases. They are not predicated on a contract. Car Accident Cases Dog Bite Cases Slip and Fall Cases Assault Cases Product Liability Cases All of these claims are based…
Articles Posted in Insurance
Not Being Able to Sue for Personal Injuries in a Car Accident Case
This week, the Provincial Government of Alberta will announce that people will no longer be able to sue for personal injuries arising from a car accident. I hate seeing when governments take away the rights of innocent people to best suit their corporate overlords. This dramatic change to the law…
Who says that personal injury laws are supposed to be fair?
I’ve had a few interesting conversations over the past few days with some very thoughtful, rational, insightful and logical people. These people are not lawyers. They have no skin in the game when it comes to the field of personal injury law. That means that they are neither lawyers, insurance…
Qualifying for Long Term Disability vs. Qualifying for Canada Pension Plan Disability
Long Term Disability Law can be rather complicated. It’s complicated because Long Term Disability is based in contract, and every contract is different. For many people, understanding the words and concepts contained in these long term disability contracts is hard to grasp, and confusing. I can’t say that I blame…
Adverse Cost Insurance for Personal Injury Cases in Ontario
Over the past decade, personal injury lawyers have seen an explosion of a new insurance product offered to their law firms and to their personal injury clients. It’s called Adverse Cost Insurance or After-The Event Insurance. How does it work and what does it do? Adverse Cost Insurance or After-The…
Unavoidable and Inevitable Accidents In Ontario
When a car accident happens, you would like to think that the insurance company insuring the at fault driver will pay out on a meritorious claim. That makes sense. But more often that not, insurance companies try to avoid (putting it kindly) their obligation to pay out on such claims.…
Suing your Mom or Dad or another family member in a car accident case
When I was a young personal injury lawyer, an odd case appeared on my desk. The Plaintiff was an older automobile executive, who broke 3 vertebrae, torn his rotator cuff and fractured his skull in a car accident. The injuries were quite significant. They prevented the client from returning to…
Damages in Personal Injury Cases (Ontario)
The entire field of personal injury law is rather effective at making sure that accident victims aren’t unjustly enriched by the benefits or moneys which they receive in their case. Cases have been fought all the way to the Supreme Court of Canada to make sure that innocent accident victims…
New Disability Bill May Have Unintended Consequences which will benefit Insurance Companies
This is an example of how governments with the best intentions can still screw things up. It’s quite noble for the federal government to want to help people with disabilities make ends meet. Get people with disabilities more money in their pockets so that they can pay their bills, live…
An Arborist, a Can of Beer and a Chainsaw
Sounds like a typical law school fact pattern for a tort case. A property owner retains an arborist to do a routine pruning job on a set of Norwich Maple Trees in his yard. The arborist advertises that he is both “licensed” and insured. Upon attending at the job site,…