The unfortunate truth is that the country of Canada sees quite a lot of car accidents on a daily basis. Ontario is absolutely no exception from this. Of course, as the accident happens, any insurance claim or any personal injury case is likely to raise the matter of who’s the driver who is at fault. This is definitely something to take into consideration. However, finding the right answer when it comes to it has never been so easy. (more…)
If you have been involved in a slip and fall, vehicle accident or any other type of event which caused you injuries, you might be wondering what the total worth of your case is. However, a question of the kind has no simple answers and there are quite a few things which need to be taken into account. In a personal injury case, the monetary damages are paid to the person who has been injured by the person or the insurance company who is found responsible. Of course, it does sound simple when it’s put like this but the truth is quite far away from it. So, let’s have a look at some of the things to consider. (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…)
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…)
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…)
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…)
One of the most common questions that a lot of people wonder about is whether the homeowner’s insurance covers accidents which take place off their property. It’s important to find out whether a legit off-premises claim could be effectively covered by the policy and how your carrier can help you out with it. (more…)
Now, if a dog owner has been unreasonably careless when it comes to handling the proper behavior of his dog, he might be legally entitled to compensate the injuries and suffering of someone who has been injured as a result. (more…)