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Month: October 2022

When to hire a Personal Injury Lawyer

when to hire a personal injury lawyer

Insights into when to hire a personal injury lawyer by Tim Louis

 

When should I hire a personal injury lawyer?

As soon as you have suffered a personal injury, you should hire a personal injury lawyer familiar with this area of law. The party that may be responsible for your injury, such as a store if you suffered a slip and fall or a dog owner if you suffered a dog bite, may have insurance. The insurance company will almost certainly attempt to get you to minimize your injuries and your claim. The insurance adjuster may even suggest that you were/are partially or fully responsible for your injury.

It is very important that you hire a lawyer before you are interviewed by the insurance company’s adjuster. Your lawyer will prepare you in advance for any such interview. There are many standard insurance adjuster questions that you can be familiar with before you are interviewed.

For instance:

  • If you suffered a slip and fall or trip and fall, you may be asked if you consumed any alcohol or drugs, prescription or non-prescription, in the 24 hours prior to your injury.
  • You may be asked what type of shoes you were wearing.
  • You may be asked how many hours of sleep you received the night before.
  • You may be asked if you had an appointment coming up, and depending upon your answer, the adjuster will be able to argue that you must have been in a rush.
  • If your injury resulted from a fall down stairs, you will almost certainly be asked if you were hanging on to the handrail and whether or not you were carrying any thing or object such as a purse.

 

Areas of Practice

I have been practicing in the area of personal injury for over three decades. I have acted for clients that suffered injuries due to falling down stairs, slipping/tripping on a foreign substance (such as a liquid or an item) on the floor of retail outlets, dog bites, tooth injuries resulting from a foreign object in a food product, and physical assault.

 

Dealing with Insurance companies

Insurance companies are not your friend. They make their profits by paying out less settling claims when they collect in premiums. You will almost certainly get a better settlement represented by a lawyer than if you are unrepresented. When I act for an injured client it is always my goal to get a settlement without going to trial that is equal to what a court would have awarded if we did go to trial. The best way to avoid a trial is to prepare for a trial.

 

Liability for Property Owners

Property owners are responsible for keeping their property safe for visitors. This means:

  • Keeping pathways clear of snow and ice in the winter and clear of leaves the rest of the year.
  • Making sure that all stairways conform to the municipal building code.
  • If the property owner is a landlord they must adjust the temperature setting on the hot water tank as required by the municipal regulations so that tenants are not at risk of being burned.

 

Proving Liability – Personal Injury Legal Tips

I am known as an aggressive lawyer. I have never had difficulty proving liability. In part, this because I thoroughly prepare my clients. In part this is because I hire experts to confirm liability whenever appropriate. I will not spare any cost to fight for my clients. In part, this is because I thoroughly prepare before I discover the defendant at examinations for discovery.

 

Why hire Personal Injury Lawyer Tim Louis?

For breakfast, I do not eat cornflakes – I eat insurance companies. I really enjoy going to bat for clients that have been injured no matter what the cause of their injury. I have been suing at fault parties and dealing with their insurance companies for over three decades. As my online reviews will attest, I get the job done.

Contact Personal Injury Lawyer Tim Louis for a free consultation at 604-732-7678 or timlouis@timlouislaw.com

 

Further Reading – Personal Injury Law

Injured at work?
Reporting Injuries

 

Long Term Disability for Anxiety and Depression

Long Term Disability for Anxiety and Depression

Insights into Long Term Disability for Anxiety and Depression by Tim Louis

Long Term Disability for Anxiety and Depression

A claim for long term disability benefits may be made if you are disabled from work as a result of Anxiety or Depression. Both of these conditions can result in an inability to work. Many of my long term disability clients ask me what is the difference between Anxiety and Depression.

What is the difference between Anxiety and Depression?

Both Anxiety and Depression are types of mood disorders. Neither is necessarily disabling in the sense that if not severe, the individual may find that they are able to continue to work with either or both of these conditions.

However, both of these types of mood disorders can render an individual unable to work.

Anxiety can create feelings of worry, nervousness, or dread. Depression causes feelings of sadness, hopelessness, and reduced energy.

Although these two conditions are different, an individual can have both at the same time. In fact, depression and anxiety often occur together. Roughly 60% of people with anxiety also have symptoms of depression, and vice versa. The conditions themselves can also amplify the symptoms of the other, causing the symptoms to worsen or last longer.

Common Questions about Anxiety and Depression and Long Term Disability

Common questions clients of mine suffering from anxiety and/or depression ask me are:

  1. Is long term depression and/or anxiety a disability?
    The answer is yes. The federal government has long recognized these conditions as disabilities. Long term disability insurance companies also recognize these conditions as potentially disabling. However, a mere diagnosis does not in and of itself qualify you for long term disability benefits. Your condition must be so severe that it prevents you from working.

  2. Can depression cause permanent disability?
    Unfortunately, the answer is yes. Sometimes, although luckily rarely, depression can be so long term and extreme that it is permanently disabling. In this case, an individual will never be able to go back to work. Your medical team will be just able to let you know whether or not your depression is likely to be treatable or is permanent.

Suffering from Depression and/or Anxiety?

If you are suffering from depression and/or anxiety to the extent that it is preventing you from working, then in order to make a successful claim for long term disability for depression and anxiety, you should make every effort to bring your family doctor up to speed. They would need to know how your mood disorder is affecting your ability to work.

An example of how depression could affect your life could be an inability to get out of bed due to your depressed mood and fatigue forcing you to call in sick. Your symptoms might cause other problems such as inability to focus, concentrate, or pay attention during meetings or phone calls. Lack of interest in things you once enjoyed due to low energy and feelings of hopelessness can make even the most mundane tasks seem like mountains to climb.

On the other hand, with anxiety, it can affect your life in a completely different manner. You might feel so anxious that you feel physically ill, making you unable to go in to work. You might have panic attacks due to immense feelings of worry and fear. You could have social anxiety, meaning that social interactions themselves can cause you great stress and fear. There are many types of anxiety disorders, and each of them can impact your life in different ways.

Both of these mood disorders can put your life, career, and relationships in disarray.

It is also very important that you are aware of the fact that you are not eligible for long term disability benefits if your mood disorder is caused by the unique workplace environment of your current job. If a change of employers would likely leave you now no longer disabled, but rather able to work, then you do not have a valid claim for long term disability for anxiety and depression. It is for this reason that your application for long term disability benefits should not suggest that the root cause of your mood disorder is your work environment.

Making a Claim for Long Term Disability for Anxiety and Depression

Making a claim for long term disability benefits is relatively easy. Your employer will provide you with the form that needs to be filled out. One of these forms, the Attending Physician Statement, will need to be completed by your family doctor. If you are seeing a specialist such as a psychiatrist for treatment, you may consider having the specialist complete the Attending Physician Statement.

If you have been denied long term disability benefits and do suffer from depression and/or anxiety, contact me immediately for a no-fee consultation. 778-855-3494.

Further Reading

Anxiety, feelings of depression and loneliness among Canadians spikes to highest levels since spring 2020

Anxiety, depression, loneliness at highest levels among Canadians since early pandemic: survey

 

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