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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.