Articles Posted in Insurance

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What’s new in the world of Long Term Disability Law in Ontario? Well, I’m glad you’ve asked.

Not to sound like an insurance salesman, but have you even given any thought to what you would do if you found yourself in the terrible position of being so sick, or so injured that you can no longer work?

Canada Pension Plan Disability Benefits only cover so much. ODSP payments are also very limited. Your EI will expire after around 8 weeks or so. Cashing in RRSPs is a tough pill to swallow.

That’s were Short Term and Long Term Disability Insurance comes in. Critical Illness Insurance may also apply.

At our law firm, we see things when the bad stuff hits the fan so to say. When things go wrong recovering STD/LTD benefits, people call us. We see lots of crazy, and not so crazy stuff. The purpose of this Toronto Injury Lawyer Blog post is to give you a better understanding of what Courts are saying with respect to handling these claims, along with the changes we are seeing on behalf of insurers in the industry. Some of the big names which provide LTD and STD insurance are Manulife, Great West Life, SunLife, Industrial Alliance, Desjardins, Canada Life, SSQ and Standard Life.
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This has been an interesting month at our offices. I can honestly say, that we’ve come across some very peculiar questions this past month at our Toronto, London and Peterborough offices. We do our very best to answer all of your questions, and I’d like to share some of those queries with you, our Toronto Injury Blog readership. NOTE: We’d like to thank our readership for your on-going support and words of encouragement. I’m always amazed by the amount of people who keep up with our blog and derive a benefit from it.

So, without further a due, here are some of the top questions we’ve heard at Goldfinger Injury Lawyers for the month of May:

1. HOW CAN I BECOME A CLIENT OF GOLDFINGER LAW?
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When you open a new bank account, often the bank will try to sell you on purchasing additional insurance. Sometimes, that insurance is complementary. Be careful.The same can be offered through your workplace. People think that their job comes with benefits. But when those policies and benefits are further examined, we quickly learn that those policies and benefits don’t cover everything you thought they did. The effect is that it creates false sense of security for policy holders that they are protected, when in fact, they aren’t.

I’ve had lots of people tell me that their employer or their credit card covers them for accident insurance. Then, while on a beautiful Carribbean vacation, they get in to a catastrophic car accident. You or a loved one might have broken some bones, or got pretty badly hurt. You figure that your medical bills will be taken care of. But, upon arrival at the hosptial, it turns out that your bills are NOT covered by insurance.
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Our law firm handles a wide variety of short term, and long term disabilty claims. The insurance companies we go up against in these cases are well known to our lawyers as we have dealt with them on countless occassions. Large, deep pocketed insurance companies such as Great West Life, Manulife, SunLife, Desjardins, SSQ, Standard Life, Industrial Alliance, Canada Life, RBC Insurance and BMO Insurance are some of the most common LTD and STD carriers we see.

Time and time again, we also observe people being taken advantage of by their insurance company. We want this to stop, and we want you to better understand what it takes to win a difficult LTD or STD action. That’s why this Toronto Injury Lawyer Blog Post will be devoted exclusively to Long Term and Short Term Disabilty Claims. If after reading this blog post, you still have questions about these sort of claims, don’t hesitate to contact the offices of Goldfinger Injury Lawyers for your free consultation with one of our attorneys. Our offices are located in Toronto, London and Peterborough. If you can’t make it to one of our three offices, then we would be happy to meet with you at a place more convenient to you.
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Lots of injury and insurance lawyers across Ontario have been looking for some guidance with respect to what sort of cases rightly, or wrongly fall in to the Minor Inury Guideline or MIG as it’s known in the industry.

If you’ve never heard of the MIG, that’s ok. You’re not alone. Probably 99% of Ontarians have never heard of it, despite of the fact that it now applies to 100% of insured motorists in the province.

After a car accident, people are entitled to no fault benefits from their car insurer. These no fault or accident benefits are intented to help the accident victim get better following the collision. They pay for such things as physiotherapy, massage, chriopractic care, occupational therapy, speech language therapy, or just a gym membership.

The MIG was introduced by Ontario’s Provincial Government and took place effective September 1, 2010. Insurers and their lobbysists pushed for its introduction. Essentially, it allowed insurance companies to cut your medical and rehabilitative benefits from $50,000 down to $3,500. The justification for this was that insurers were paying too much to litigate matters, too much on rehab following car crashes, and spending too much money on fraud. Here is a copy of the MIG
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Clients are constantly asking me for the best way to get the insurance company to pay for treatment following an accident.

There are no quick and dirty legal answers to this question, but there are certainly a few routes which need to be explored. While we have a great OHIP system here in Ontario, some forms of treatment simply aren’t covered by OHIP, or they take far too long to get via the public system.

The first question one must ask is whether or not you have private medical benefits offered through your employer, or a private insurance plan. Some people have work coverage for up to $500 in massage, physio, chiro treatment etc offered through their workplace. This would be your first source of recovery for treament funding, regardless of whether or not you’re entitled to accident benefits or not. Under the Insurance Act, the law requires that your first exhaust your private or “collateral benefits”, before you can even touch your accident benefits via Ontario’s complicated No Fault Accident Benefit Regime.
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We get lots of calls at our law firm from accident victims across Ontario all with the same simple inquiry:

“I’ve been hurt in a car accident. I applied for accident benefits through my car insurance company. And now the car insurance company isn’t paying any accident benefits! Why is that and what can you do to help me?”

Our lawyers do our very best to help every person who calls our office with such an inquiry. We understand that people become very dependent on the benefits which an insurance company provides for them following a serious car crash. An insurer may pay you up to $400/week for an Income Replacement Benefit. They may pay you up to $1,500/month in an Attendant Care Benefit. They may also be paying for your massage, physiotherapy, pain management clinic, psychological counseling, or some other form of treatment which is not covered by OHIP. On the other hand, an insurance company may refuse to pay you anything.

There are plenty of reasons why your accident benefits might not be getting paid. Maybe you’ve changed your address and you haven’t replied to any letters which the insurance adjuster has been sending you? Maybe the insurance company hired a private investigator to take photos/video of you and caught you doing the death walk along the top of Toronto’s CN Tower. Maybe you haven’t even completed the requisite paperwork to get your case started in the first place.
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In a car accident involving pedestrian vs. car; car usually wins. If your name isn’t Superman, then it’s safe to say that the car will knock down and injure the pedestrian time and time again.

The question in pedestrian vs. car accidents isn’t always a question of damages; meaning I got hit by a car now pay me. The question can be hotly contested on the issue liability. That means who’s at fault for the accident. Who is to blame. Is the car driver 100% at fault? Was the pedestrian responsible for the accident, and if so, what percentage of liability ought to rest on his or her shoulders? At law, this apportionment of liability (like dividing up a piece of pie) is also expressed as contributory negligence.

Some of the worst car accident cases which my law firm has ever seen have involved cars hitting pedestrians while they’re trying to cross the road. One of the hardest parts of my job is having to explain the theory of contributory negligence to a client. The more injured the client, the more difficult the explanation becomes (not that every explanation isn’t difficult to begin with).
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You never get a second chance to make a first impression. You parents probably told you this a dozen or so times when you were young. This saying applies as equally to everyday life, as it applies to one’s personal injury case.

Your accident lawyer never gets a second chance to make a first impression on you; the client. It’s in that initial consultation that your lawyer will inform you about your rights, what benefits you may be entitled to; what compensation you may be entitled to; and how your case may progress over time.The lawyer will explain to you how legal fees work, what sort of service you can expect from the law firm, and their action plan for your case. If the lawyer is organized, intelligent, articulate, easy to understand, and likeable, there’s a good chance that s/he will have made a good first impression on the client. The term “likeability” is a term we use a lot at Goldfinger Injury Lawyers on many levels.

The client never gets a second chance to make a first impression on his personal injury lawyer. It’s in that initial consultation the client will inform the lawyer about how the accident happened, the extent of their injuries, the extent of their pain, suffering; and how the accident has changed their lives. Because most qualified, intelligent and empathetic lawyers don’t charge any legal fees until the case settles (which may be years and years down the road), it’s in that initial consultation that the lawyer makes an important business decision whether or not to accept the client’s case. After all, if the client comes off as a liar, a faker, a cheater, a malingerer, or an all around bad person, what reputable lawyer do you think will accept that case and that person as a client. Not many. Again, another reason why first impressions are so important.

But, I will share with you why first impressions are so important in personal injury cases for another BIG reason.
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One of the most important, and most difficult parts of any personal injury case is the Examination for Discovery. In the United States, Examinations for Discovery are called Depositions. The two are basically the same thing.

A Discovery is a chance for the lawyer acting for the insurance company to ask the Plaintiff/Accident Victim all sorts of questions about the car accident, their lives before and after the accident, along with their injuries. All answers are recorded by a court reporter. All answers are given under oath, meaning that you have to swear or affirm your answers to be the truth, the whole truth so help you G-d.

The discovery is likely the first time that the lawyer for the insurance company gets to meet the Plaintiff face to face, and hear them speak candidly about their accident.
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