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ICBC

Disability Claims for Self-Employed Professionals

Disability Claims for Self-Employed Professionals

disability claim for self-employed
If you are self-employed and have purchased a disability insurance policy, you have assumed that this policy serves as income replacement if you are unable to run your business for a period of time due to injury or illness.

Private disability insurance is commonly more expensive than group insurance, and generally, the type of coverage it provides is usually more valuable as it often provides benefits in the event you are unable to work in your regular occupation. Unfortunately, just because you have purchased an insurance policy, this does not necessarily mean that the insurer will not make it challenging for you to receive benefits after you have submitted a claim. Insurers often heavily scrutinize claims submitted by independent, self-employed individuals – this is because of the sometimes-large benefit amounts provided by some of these policies.

Know the Terms & Conditions of Your Insurance Policy

To protect your rights, it is integral that you understand the limitations and restrictions outlined in your disability insurance policy. The definitions of certain disabilities can change over time, so it is important to keep up to date and understand these changes that may apply to you.

Know Your Rights about Disability Claims

Once you have purchased your insurance policy, be sure you are aware that although you have coverage, this does not mean you should “rest easy.” In reality, what you are really buying are rights that you can enforce against your insurer if they fail to provide the protection that was sold to you.

Know the Strict Time Limitations

 Many people do not realize that there are strict limitations with regards to filing a lawsuit against insurers, and oftentimes they are missed. If you do miss a limitation period, the insurance company is not required to pay your claim, and therefore your right to sue them is null in void.

Here some common red flags you should be aware of:

  • The claim is taking an unusually long time to resolve
  • Irrelevant information is asked of you
  • A claim has been denied

Hire An Experienced Disability Lawyer

In many cases, filing a lawsuit is not necessary. The first step involves a demand letter, outlining any discrepancies, pointing out the facts, and the law – with the demand that an insurer complies with the terms and conditions of the insurance policy. Insurance companies are often fully aware when they are not in full compliance, and take advantage of policyholders because most people do not know the law in-depth, and are privy to any red flags before signing off on their policy.

Contact Tim Louis & Company

Insurance companies may deny legitimate disability claims, as the majority of individuals will give up instead of fighting for the monetary compensation they deserve. If you are self-employed and an insurance company has denied your long-term disability claim, the team at Tim Louis and Company is on your side and will fight in your corner.

For a free, no-obligation appointment, contact us today by calling 604-732-7678 or email timlouis@timlouislaw.com

 

 

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Anxiety and Long Term Disability Claims

Anxiety and Long Term Disability Claims

Anxiety has become a far more common challenge for many in recent years. While the severity of symptoms may vary, many of us have experienced a certain level of anxiety at some point in our lives. For some people, anxiety and panic levels can interfere with daily activities — requiring professional help to cope and help manage the symptoms.

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Below are the 5 most common types of anxiety disorders:

Panic Disorder

People who suffer from panic disorder experience sudden and ongoing intense feelings of terror and emotional control loss. Many symptoms are unique to each individual and can include a racing heartbeat, shortness of breath, dizziness, nausea, chest pain, and numbness, to name a few. According to the National Institute of Mental Health, women are twice as likely to suffer from the condition.

Obsessive-Compulsive Disorder (OCD)

A mental health disorder that affects individuals of all ages, OCD occurs when a person gets caught up in a pattern of sudden compulsions and obsessions. These obsessions (thoughts/images/behaviours are not welcomed by the person and can severely disrupt important daily activities.

Generalized Anxiety Disorder (GAD)

GAD can be characterized by persistent, uncontrollable, ongoing worry about a wide variety of things and events. People who suffer from this disorder excessively worry and anticipate disaster — even if there is no reason to warrant this type of worry. Symptoms can include irritability, having a constant sense of danger, difficulty concentrating, disrupted sleep, fatigue, and increased rapid heartbeat, to name a few.

Post-Traumatic Stress Disorder (PTSD)

PTSD can develop after being exposed to a traumatic event such as a motor vehicle accident, natural disaster, war, assault, a threat with death, or witnesses who have experienced these traumatic events. People with PTSD feel a heightened sense of danger, causing them to feel fearful even when, in reality, they are safe. This is due to the natural fight-or-flight response, which is altered with those who suffer from the disorder.

Social Anxiety Disorder (SAD)

Social Anxiety Disorder, also known as social phobia, is a type of anxiety disorder that causes extreme distress in social settings. Social anxiety is different from shyness, as it is more extreme, persistent, and debilitating. Symptoms can include nausea, rapid heartbeat, trembling, excessive sweating, worrying for days before a social event, excessive worry about embarrassment, missing school, or work because of anxiety. These are just a few symptoms that can take over someone’s life in a negative way.

Why Long-Term Disability Claims are Denied

Long-term disability claims may be denied because of the lack of regular medical care or treatment. Ensuring that you attend all medical appointments and any necessary prescribed medication from a professional specializing in mental health is essential if you want to reduce your chances of having a long-term disability claim denied.

Documentation is Important

Having all of the correct documentation in order and submitted on time is a must for any long-term disability claim submission. Hiring an experienced lawyer specializing in long-term disability claims can ensure that you have all of the correct documents submitted within the specified time frame and any other necessary details that must be sent with your long-term disability application.

Contact Tim Louis & Company Today

An anxiety disorder can have a lasting impact on one’s quality of life. If you or a loved one is experiencing anxiety and has been unable to work because of the condition, contact Tim Louis and his compassionate and experienced legal team today by calling 604-732-7678 or email timlouis@timlouislaw.com. We will make sure to evaluate your situation and advise the best options.

 

 

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Personal Injury Claims for Children

For any parent or guardian, knowing that a child in their care has been injured can be a stressful ordeal. Of course, the number one concern after a vehicle collision is the child’s well being. However, if you are unsure about the next steps to take after an accident, we have gathered essential information necessary to ensure your child’s personal injury claim is filed. Note it is always best to contact an experienced personal injury lawyer to alleviate the stress of dealing with a complex claim involving children.

Personal Injury Claims for Minors

Personal Injury Claim for Your Kids | Tim Louis & Company Law in Vancouver
Personal injury claims for children can be an intricate and complex process. As much as you may want to just focus on your child’s health during this difficult, stressful time, it’s important to be aware of the steps necessary to ensure that your child’s injury resulting from an accident is documented and a personal injury claim is submitted as soon as possible.

Start a Claim As Soon As Possible

It is always ideal to start a claim sooner rather than later. If a claim is submitted immediately, key evidence can be submitted before it is lost and any witnesses will still have clear details of the accident fresh in their mind — which will, in turn, help the claim.

Children do not always have the ability to articulate express their feelings – so documenting any changes in mood and behaviour is important. Children’s claims can span a number of years — another good reason to start a claim immediately and document every detail along the way.

How Long Does a Child Have to Make a Personal Injury Claim?

Another good reason to start a claim right away is the fact that there can be certain time limits to adhere to. As an example, if a child has been injured in a vehicle collision, he or she may be entitled to ICBC part 7 benefits (a no-fault portion of ICBC insurance coverage). http://www.bclaws.ca/civix/document/id/complete/statreg/447_83_07

ICBC Part 7 Benefits include the following:

  • Medical and rehabilitation benefits
  • Funeral and death benefits
  • Disability (lost earnings) benefits

The most commonly known limitation for child claims is 2 years, which doesn’t start until the child turns 19. Another less common limitation in relation to ICBC is also 2 years, but begins right after the crash occurred – and can end as early as the 1-year mark after the accident occurred.

Compensation Settlements for Children

BC law recognizes that children under the age of 19 may be unaware of their rights and may not be able to fully understand the complexities of the situation and are unable to represent themselves. For this reason, minors are prohibited from representing themselves and require an adult to submit the personal injury claim on their behalf. There are 2 options available:

1. A litigation guardian can be appointed
(Typically a parent or close relative will pursue a claim on the child’s behalf)

2. The child may wait until their 19th birthday to pursue a claim. When this happens, he/she has 2 years in which to submit a claim (must be settled by his/her 21st birthday).

Speak to a Lawyer Right After Your Child’s Accident

Personal injury cases involving children are extremely complex. If you or your child has been injured in a motor vehicle collision in Metro Vancouver, Tim Louis and his compassionate and experienced team can give you the reliable and trusted advice you deserve, deal with ICBC on your behalf and ensure that the limitation for your child’s Part 7 ICBC benefits does not get missed. Contact us today for a free consultation and we’ll do everything we possibly can to get the personal injury settlement your child deserves. Contact 604-732-7678 or timlouis@timlouislaw.com. We’re here to help.

Sources:
http://www.bclaws.ca/civix/document/id/complete/statreg/447_83_07

Do I Need A Personal Injury Lawyer?

Hire a personal injury lawyer after concussion

Do you need to Hire a Personal Injury Lawyer

A lawyer is not needed when making an injury compensation claim, but it is highly recommended that you have one. When you hire a lawyer it doesn’t mean you are ready to go to court it just says you want to seek legal advice from someone rational who is not emotionally involved in the claim.

Things You Should

It is not necessary to hire a lawyer when dealing with the Insurance Corporation of British Colombia (ICBC), but if you do, then you must make very informed decisions. The ICBC will appoint an experienced adjuster, who works for them, to negotiate for the settlement of your claim at a reasonable amount from ICBS’s point of view. The adjustors continuously deal with injury claim so they will be tough negotiators.

A good lawyer will do the following for you:

  • Advise you accordingly
  • Try and obtain a fair settlement for you
  • Collect evidence and proper medical information
  • Decide the extent to which you should be compensated in regards to your case

If your lawyer and the designated adjustor can’t come to a proper settlement, then it’s up to your lawyers to take the case to court so that they can obtain a full and fair compensation on your behalf. Less than 1% of the ICBC claims proceed to court.

Advice

If you are unsure on whether you should enlist for the services of a lawyer then pay a visit to one of the many experienced BC personal injury lawyers and seek legal advice and also obtain knowledge on the matter. Most of the lawyers offer initial legal consultation free of charge or obligations. After the meeting, you will be in a better position to decide whether you need to hire a lawyer.

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What Do Lawyers Cost?

The cost of a lawyer is entirely dependent on the case in which they are handling. In a personal injury insurance claim, you have the right to hire a lawyer and pay on a contingency basis. A contingency fee agreement means that the lawyer you hire will accept a predetermined fixed percentage of the recovery or the money to be paid to the client, if you recover nothing from your claim then you shouldn’t spend your lawyer anything. Regularly, contingency fees in British Colombia range from 20 to 33 percent of the total recoverable amount. Lawyers hired on contingency basis receive their payments at the time when they collect your compensation cheque from the insurance firm not before.

Most of the time when you want to enlist for the services of a lawyer you have to visit him. During the first meeting the lawyer gets to familiarize himself with a case, and then you will move on to the sensitive fee issue, make sure you understand the fee contract before signing it. In some cases the lawyer’s services can be paid using a predetermined hourly rate, when using such a mode of payment the lawyer may ask you for a retainer, a retainer is an amount of money that acts as security and will be used to meet the lawyer’s upcoming expenses, the lawyer will thereafter send you interim accounts for immediate payment. The method of payment while hiring a lawyer is entirely up to you.

While still discussing the topic of remuneration you must get to understand who will be responsible for disbursements. Disbursements are the expenses that the lawyer will incur in the prosecution of the claim example of such fees are the cost of medical records, cost of hiring experts, court registry fees, and other similar expenses. The disbursements may quickly sum up to thousands of dollars.

If you are to pay the lawyer on a contingency fee basis, then all the expenses incurred in the prosecution of the claim are covered by financed by the firm. It’s important to understand who will be responsible for this cost is they can’t be recovered from the ICBC. At times lawyers will deduct the expenses from their final fee if they can’t be collected as part of their final settlement.

Protection Of The Public

There are specific laws in place to govern the relationship between the lawyers and their clients. The rules of the law society of British Colombia states that in case a court awards a higher amount, the maximum amount a lawyer is entitled to for personal injury and wrongful death arising from the use or operation of a vehicle is 33.33%. Lawyers rarely charge this percentage except in exceptional circumstances like a highly complicated case or if several numbers of procedures need to be taken to bring the claim to an amicable solution.

Also, there is a 90 day cooling off period; the law states that within 90 days of hiring a lawyer you can appeal to the district registrar of the supreme court of British Colombia to have the agreement reviewed if the fee is found to be too high it shall be adjusted accordingly.

Personal Injury Attorney Vancouver

Tim Louis & Company
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678
http://bc.timlouis.com/

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