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Month: July 2020

Long-Term Disability Lawsuits: Know the Steps

Long-Term Disability Lawsuits: Know the Steps

Long-Term Disability Lawsuits: Know the Steps

A long-term disability lawsuit can be an intensive, lengthy process. The time it takes depends on the type of disability plan and can be a complex undertaking. The best option is to contact an experienced and knowledgeable long-term disability personal injury lawyer for trusted advice.

Which Disability Plan Do You Qualify For?

First, your lawyer must determine which disability plan you qualify for:

  • Short-term disability
  • Employer sick pay
  • Employer insurance sickness benefits
  • Canadian pension plan (CPP)
  • Long-term disability
  • Canadian pension plan

Professional Medical Support

Secondly, in order to begin the process, you must have medical evidence supporting your disability claim. Without support from a medical professional, a long-term disability lawsuit claim cannot move forward.

When You Apply for Disability

Ensure that you collect and accurately fill out all related paperwork and/or applications for disability coverage and submit them. If you have any questions, contact your trusted lawyer for clarification – it’s essential that applications for disability are filled out completely before submission, and of course, turned in by the deadline.

Right After You Apply for Disability

Once you have submitted your application for disability, it’s important to know that you may harm your benefits during the transmission period from an employee, to someone on sick leave. For instance, if your employer requests that you accept a severance package, or encourages you to resign from the company, do not agree under any circumstances. If you agree with any of the aforementioned, ruining your chances of receiving disability will be likely (resigning from the company revokes your ability to receive disability benefits).

Waiting for a Decision

In some cases, you may have to be patient when it comes to waiting for a decision to be made on your disability lawsuit. However, generally, it takes roughly 30 days after you have submitted your application. If you have waited longer than 30 days, ensure that you follow up with your lawyer.

When Do I File a Long-Term Lawsuit?

If your disability claim is denied or the amount you sued for is less than you require, your lawyer will assist and collect all of the required documentation to present as evidence for your long-term disability lawsuit. Additional medical examinations may be required to show that you have a disability and are unable to commence work – this filing is called a Statement of Claim.

The Discovery Process

During the discovery process, both parties meet and are interviewed under oath. Your lawyer will spend the time required to prepare you for the questions and explain the entire procedure. Your lawyer will also request all applicable documentation and a detailed explanation as to why their decision was met. Once all information has been reviewed, your lawyer will discuss your options as to whether negotiating a settlement is recommended or whether proceeding to trial is a risk worth pursuing.

Negotiation VS. Trial

Negotiation:

Usually negotiating a fair settlement is a logical alternative than moving forward to trial. If both parties are satisfied with the settlement compensation amount, there is obviously no reason to go to trial and the lawsuit will be dismissed. However, if the insurance company does not agree to a fair settlement, the case can go to trial where an actual judge makes the decision.

Trial:

Trials require substantial preparation and unfortunately may take 2 years or more for the case to even enter the courtroom. A trial, of course, can go two ways: the insurance company can agree to pay you back benefits — plus your current benefits, OR if the decision goes against you, you receive no benefits. Note that a judge may require you to pay part or all of the insurer’s legal fees – one reason why it’s better to reach a settlement over taking a risk by going to trial.

“Oftentimes it’s a relief just to turn the case over to a lawyer so it can be fought vigorously on their behalf…just knowing that someone is fighting the battle so they can concentrate on the quality of life issues can be a huge benefit.” – Tim Louis
http://timlouislaw.ca/bctimlouislaw/long-term-disability-attorney-vancouver-bc/

Tim Louis & Co has been representing those who suffer from long-term disability for over 2 decades. He has successfully sued some of the largest insurance companies in the world on behalf of deserving clients and has appealed the decisions of the Federal government in CPP disability claims on behalf of clients. Tim Louis and his compassionate, experienced team can give you the reliable and trusted advice you deserve. Contact 604-732-7678 or email timlouis@timlouislaw.com for a free consultation.

Leading Accidents that Result in Concussion

A concussion is a mild form of Traumatic brain injury (TBI) that affects brain function and usually caused by a blow to the head, bump, violent shake or any blunt force to the area. Concussions are usually temporary but are a common result of motor vehicle accidents or any other form of personal injury. It’s important to note that even a violent shake of the upper body can cause a concussion.

Neck Massage on Patient After Concussion | Tim Louis and Company
Most of those who suffer from a concussion, recover quickly and fully. However, in more serious cases, symptoms can last for weeks or longer.

Symptoms of a Concussion

It’s important to know that concussions don’t always present symptoms. If symptoms do show up, they may not present themselves right away and can last for days, weeks or longer. The most common symptoms of a concussive traumatic brain injury are amnesia (memory loss), headaches and disorientation.

Physical Symptoms of Concussion:

  • Ears ringing
  • Headaches
  • Nausea
  • Vomiting
  • Fatigue
  • Blurry vision
  • Fluid or blood draining from the nose or ears

Other symptoms may include:

  • The inability to remember the traumatic event that caused the concussion
  • Confusion
  • Feeling of dizziness / Confusion
  • Problems with speech
  • Sleep disturbances
  • Feelings of depression, nervousness and/or anxiety
  • Feeling isolated or alone

When to Seek Medical Attention

Seek medical attention immediately if you or your child has suffered from a head injury – even if emergency care isn’t required.

Leading Accidents that Result in Concussion:

Motor Vehicle Related Injury

Motor vehicle accidents are a common cause of mild or severe TBIs or concussions. These head injuries can occur from any head injury such as hitting the dashboard, driver window or another passenger.

Slip & Falls

When you think about a slip and fall injury, you probably imagine sprains, broken bones, bad bruises or pulled tendons. Head injuries though are very common – so common in fact that they are one of the leading causes of mild to very severe, life-changing forms of concussion.

Any of these slip and fall accidents can result in a mild to severe concussion:

  • Slipping on the wet floor
  • Falling in a store and knocking your head on the floor or against a shelf
  • Tripping over an obstacle or crack on the sidewalk resulting in a blow to the head
  • Falling in around someone’s residence and knocking your head

Assaults

It’s obvious that victims of any type of physical assault are at risk for having a concussion. Any blow to the head, twist and or fall can result in a mild to serious head injury.

Playing Sports

The Public Health Agency of Canada Reports that for females, approximately 20,000 (45%) of brain injuries result from sports and recreation. For males, approximately 26,000 (54%) of brain injuries result from sports or recreational injuries.

According to the Canadian Hospitals Injury Reporting and Prevention Program (CHIRPP), Ice Hockey, Rugby and Ringette are the most common sports with the highest the proportion of brain injuries among children and youth 5-19 years of age, ranging from 27% to 44% of all injuries that happened while playing these sports.

According to the government of Canada, 1 in 2 Canadians has little to no knowledge about concussions. Since only 4 in 10 Canadians are aware of available concussion tools and resources, we have added some reliable and trusted sources below to learn more about the causes and treatment of mild or severe concussions.

Contact A Trusted Personal Injury Lawyer

If you or a loved one has suffered from a mild or severe concussion resulting from a motor vehicle collision, or slip and fall, Tim Louis and his compassionate and talented legal team can give you the reliable, trusted advice you require. Contact us today for a free consultation at 604-732-7678 or TimLouis@TimLouisLaw.com

Sources:

https://www.canada.ca/en/public-health/services/diseases/concussion-sign-symptoms/concussion-sport-infographic.html

https://my.clevelandclinic.org/health/diseases/15038-concussion

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