Category: Personal Injury Lawyer

Now, if you didn’t know already, you should be well aware of the fact that insurance companies are anything but charities. The last thing they want is to provide you with the full amount of compensation that you are actually entitled to. You’d think that after being a thorough and complete payer for years, they’d have the curtesy of paying you in full when you need them. That’s not the case – you should know it in advance. We’ve summed up a few of the ways that insurance companies are capable of devastating your claim and depriving you of significant amount of dollars on your claim. Let’s have a look. (more…)

Personal injury claims are some of the most common liability claims being filed. Anyone who has suffered injury at the suspected negligence of another has the right to file suit against the supposed at-fault party. Whether or not the claim is closed in favor of the injured party will be determined by how sturdy a defense the other party’s legal team presented. There are mainly two types of defense that is used in personal injury claims. Was the defendant a direct cause of the injury? Is he/she really at-fault? Also, were there any errors on the part of the plaintiff? How soon did he/she seek medical attention? How timely was the filing of the claim? There are multiple factors that play a part in determining these two lines of defense. (more…)

Wrongful death claims can be filed in the event that a loved one or dependent receives a fatal injury at the fault of another party. These types of claims will almost always require legal representation and more often than not, are settled within a courtroom. If your spouse or family member was killed in an accident related to negligence by an outside party than they are liable for any damages that are incurred. There are different types of damages and it is important to have some understanding of their differences. This will help you to better understand what type of benefits you are eligible for. (more…)

A multiplier is used in a personal injury claim as an equation for determining the amount of damages the plaintiff is eligible for. A multiplier is usually 1.5 to 5 times the amount of expenses incurred by the injured party as a direct result of the accident. Under special circumstances this number can be higher, reaching levels as much as 10 times the cost of medical expenses for the injured party. The multiplier is used to decide a base number for damages to be negotiated between the plaintiff and the defendant. These negotiations can happen in or outside the courtroom depending on the agreement of both parties. (more…)

Settling a personal injury claim involves a lot of back and forth negotiations. You can expect to see multiple counteroffers from both yours and the defendant’s side before a final settlement amount is reached. Don’t be discouraged and don’t expect to get the first amount that you ask for. The key to successfully reaching a settlement agreement is to remain calm and professional throughout the entire process. It would be to your advantage to hire a legal representative to handle any correspondence made during settlement agreements. This will ensure that everything is played fair and that all options are evaluated. (more…)

To maximize the benefits you receive from your personal injury claim it is important that you document everything from your most serious injury down to even the most minor of injuries. It is also important that you do so as soon after the accident as possible. The at-fault party’s insurance will require this documentation as they try to decide how much of a settlement to agree to. You may face problems resolving this issue if you are not timely in filing your claim. (more…)

The truth is that people who have had the misfortune to go through catastrophic accidents and are experiencing significant issues such as long-term disability oftentimes have quite a lot of questions. This is especially true when they have their claim denied.

A lot of people get confused when it comes to whether or not they should appeal a denial of their Long-Term Disability claim. The confusion usually stems from the fact that they don’t know why their claim got denied in the first place.

Lapse of Statute of Limitation

There are quite a lot of cases in Ontario which are subjected to this type of situation. The important thing that you need to know is that the court is only interested in what is referred to as “clear and unequivocal denial”. This most commonly comes in the form of a denial letter issued by the insurer. Once the denial is properly established, there is a two year limitation period which is set forth allegedly in the legislation of Ontario. If you fail to commence your claim within the first two years, counting from the date of the receiving of that denial, this is going to get your claim dismissed for delay.

However, the merits for that specific clear and unequivocal denial is oftentimes up to debate. It’s important to note that insurers are likely to take the position that this denial had taken place rather early which will cause the aforementioned limitation period to expire.

On the other side of the spectrum,  we have the claimants of Long Term Disability that will do everything they can to establish that the denial in the form as it is demanded by the court hasn’t been properly laid out in time, hence allowing more time to pursue legal action.

Plaintiffs are usually confused by the option that insurance companies commonly give to them. They would oftentimes allow them to appeal a claim which is already denied. However, keep in mind that this is an appealing process which takes part internally and it has nothing to do with the appealing which is held in court. This is something that you need to understand. With this in mind, a lot of people tend to believe that once this happens, they would get their claims reinstated. In fact, what this is going to do is rarely effective and in most of the situations the insurer will just dismiss the appeal and proceed as it is.

This is the main reason for which you might contact a professional and experienced personal injury lawyer in Collingwood. Keep in mind that there is a significant danger when it comes to appealing a claim which could cause a lot of further harm for your case and that’s why relying on a lawyer is critical. The legal professionals understand how to go about filing an appeal and re-instating your claim for compensation.

The majority of the insurance adjusters are most likely to want to handle your claim as quickly as it is possible without any additional hassle. However, there are also those adjusters who are going to go the extra mile just so that you don’t settle your case as easily. Arguments are going to be made, words will be exchanged and at the end, the settlement talks will inevitably fail. If there is one thing that you should know is that it’s highly unreasonable for you to settle with adjusters who are trying to bully you into making a decision of this kind. (more…)

Being injured in an accident is something that could cause quite a lot of issues. However, it is important to notify anyone who can be hold responsible for the accident, if you want to recover any damages. You don’t need to know who was actually at fault. The important thing is that you talk with your personal injury lawyer and the let them know who you think is at fault. With this in mind, there are a few things that you might want to take into proper consideration when it comes to it, so take a quick look. (more…)

This is one of the most common questions that a lot of people are wondering when they have to rely on the assessment of the insurance adjuster to get their compensation. Is the adjuster going to use a settlement formula in order to provide an actual value of my case? (more…)