Long Term Disability Claim Denied: Should I Appeal Again?

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.

Steps To Take After The Compensation Settlement Talks Fail

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…)

Why Are The Responsible Parties Notified After A Claim Is Filed?

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…)

Who Is Considered Liable For A Dog Bite Or Attack?

The unfortunate truth is that a dog bite could be particularly traumatizing and rather shocking experience. This could leave the victim with long lasting emotional and physical scars. In Ontario, however, the legislative authority has seen the necessity of proper regulation and has allowed the victim to seek compensation and hold the owner of the dog liable for the harm which has resulted. This is something particularly beneficial. (more…)

Key Considerations For Car Accidents Injuries To Be Considered Catastrophic

There are quite a lot of different sub-types when it comes to car accidents and other vehicular accidents but the most devastating and serious ones are those which are referred to as catastrophic or CAT cases. However, it’s important to understand that just because the incident looks quite terrible, it doesn’t necessarily mean that it has to be catastrophic. Furthermore, just because the injuries are serious, it also wouldn’t mean that they are catastrophic. (more…)

How Much Is My Claim Worth?

If you have been injured in certain accident or because of the negligent behavior of a third party, you might actually be wondering whether or not you are entitled to compensation and how much is it. If you have sustained serious injuries, you are probably thinking how to proceed further on and what are your legal options to get the maximum compensation that you are entitled to. (more…)

Facts About Accidents That Cause Brain Injuries

Different accidents cause an array of injuries and that’s why personal injury law is particularly broad and encompassing. The injuries can range from mild and insignificant bruises to severe harm to your body and mind. With this in mind, it’s important to understand that one of the most severe types of injuries that one might have to deal with is an accident which results in a severe brain trauma. (more…)