vancouver car accident lawyer

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


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.


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

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 for a free consultation.


Q5. How long on average should I expect my case to be settled in case it does not advance to the trials?

A. Each case is different and unique in its way. Those that are too serious may take very long to settle. Examples of these are brain injuries, losses of limbs, and catastrophic injury cases. This stems from their complex nature and the accompanying medical issues.

Some may take months to settle. These are cases that are moderate in severity, less catastrophic and not so serious in liability. The precise length of time decided to solve each case, however, depends on each nature of the case, the extent of the recovery, the severity of the injuries, and the kind of attitude the insurance company or adjuster perceives your situation or you.

These notwithstanding, court cases are generally long and protracted. This is because insurance companies never like making payments or settling claims. They are also meticulous and usually insist that all the documents about the applications are submitted and scrutinized before any claims may be awarded. In all, cases take months and years to settle.

personal injury law books

Q6. Should I visit a doctor after undergoing an accident?

A. By all means, you should. The primary reason is not for the sake of the impending court case but your health and personal well-being. It is common knowledge that only hurt rather than healthy people do need medical attention. Insurance companies and the courts usually are too quick to point this out while ascertaining the claims and compensation requests.

In case you lack a family doctor, you are advised to visit the nearest clinic. If a clinic does not exist within a reasonable walking distance from your area of residence, you are encouraged to attend the emergency department of your nearest hospital.

In your visit to the hospital, the doctor will typically jot down the facts of the holiday and nature of injury in a note. He will then almost always prescribe some medication or refer you to a specialist for advanced medicines. These notes are intended to offer more information concerning your health status.

For instance, they may indicate that you are in sound health. Alternatively, they may state that you are gravely injured as the result of an accident. Our legal team will usually compile these medical records from your doctor and use them as the basis for building your case.

It is not enough to state that you have been injured or hurt. This is because courts in Ontario will usually demand tangible proof to these effects. As such, your pains, damages, sufferings, and symptoms have to be proved before a court of law.

Perhaps the best and most reliable way of doing so is by furnishing the various health records. It, therefore, follows that if you do not see a doctor after an accident, you will miss out on your treatment and appropriate medical attention. You will also less likely build a strong case to your defense.

This way, the courts and the insurance company will often find you liable for failing to mitigate your damages. This arrangement is not healthy for your case or you. We would like to do everything in your capacity to recover and lead a healthy life as you had done before the accident. Whereas this might not always be the possibility in all cases, it can, in fact, be the case for individual persons.

hammer and book inside a car accident law firms

Q7. What are the differences between the accident benefit adjuster and the tort adjuster?

A. Both of these professionals work for car insurance companies but in different departments. Examples of these include the CAA Insurance, Wawanesa, Liberty Mutual, Belair Direct, TD Meloche Monnex, Intact, The Personal, Co-Operators, Aviva, Economical Insurance, and State Farm.

The accident benefit adjuster works in the pain, suffering, or bodily injury department. The tort adjuster on the other hand accident benefits department. They may as well work for entirely different companies altogether.

In most instances, the accident benefit adjuster will often be the insurance adjuster of your car or that of your spouse. They are ordinarily responsible for administering your no-fault accident benefits that arise from your car accident. These benefits encompass income replacement benefits ($400 per week), housekeeping benefits ($100 per week), attendant care benefits ($1,500 per week), and income replacement benefits ($400 per week), among others.

A tort adjuster, on the other hand, works for the insurance company that covers the driver or the other party that was responsible for hitting you. Their roles do not entail processing accident benefits as they merely handle the tort component of your claim.

These include, but are indeed not limited to past or future losses of income, damages for pain and suffering, the loss of competitive advantage, and Family Law Act claims. They also do not handle other costs that are not incorporated as part of the accident benefits.

If both the tort and accident benefit adjusters work for the same company, a barrier is erected between the two of them to discourage and flow or exchange of communications and ideas between the two parties.

The failure to adhere to this principle may often land the insurance company in trouble with the authorities. The company may usually be held accountable for bad faith damages. The same applies if there is sufficient evidence to prove that there was collusion collaboration, communication between the two parties without your consent.

Our lawyers can furnish you with the necessary information as pertains the kinds of behaviors that constitute bad faith. They will also detect and prove that there was indeed cooperation between the insurers, adjusters in the same company, or negligence while handling your case.

Vancouver Personal Injury Attorney

Tim Louis & Company Law
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678

Is It Worth Getting A Personal Injury Lawyer

Have you ever been involved in an accident? It is such a hectic life-altering event. It is the moment you wish for the best, but you expect the worst. The personal injury comes in when you have been a victim of such an occurrence. How do you handle the situation? Where do you start? Who do you first consult when the position is more than you can control? Accidents might affect you a lot mentally. Your health insurance might start complications, and you are very weak t begin negotiations with them. This is precisely where the personal injury attorney comes in.

Hiring a personal injury lawyer comes along with significant advantages. You get to have great peace of mind as you have someone with the right knowledge of the law of the land. They will handle e all the required procedures that apply to all the injury claims that you get to have. With an attorney on your side, you will never go wrong.

car accident law includes trucks as well such as this photo

What Benefits does the Lawyer Bring on Board?

Creating Value On Your Suffering

They know how much your claim is worth. Most of the people do not have an understanding of how much amount of money they can get from their application. Every request that gets you either through an accident can as well benefit you. When you are doing it on your own, you are likely to leave it to go and concentrate on your recovery. This will, however, happen once you have the persona that will stand by your side. Some claims are worth a fortune. An attorney can put a value on your pain and suffering.

Most of the attorneys will take their cases on the contingency basis. This is the best case as there are no upfront costs. You do not have any reason to fail to hire a personal injury lawyer. Through this, they will be able to address your case accordingly.

They Are Experts In The Field

The reason he is an attorney is that he understood the entire legal process. They have as well been trained and certified before being allowed to represent people in legal matters. At times you get to develop a gap in your legal knowledge. Through this insurance companies help you in the legal action. They will help you get your compensation and even take your case to court in the case the insurance doesn’t work in the right way.

It would be a very hurting situation when you know that you missed a settlement of thousands of dollars just because you did not follow a few legal procedures.

injury attorneys library

Presents Confidence in the Insurance

Very few people are prepared to go to trial when you don’t have a well-renowned attorney. The insurance knows that you are prepared to go to trial. The case can even rule against your favor after you invested a lot of money in the case. Hiring an accident attorney makes things easier. They will help you through the case settlement. The lawyers are well trained to handle the situation, primarily through trial. Through statics, most of the cases have been battling against the different insurance companies. In such a case insurance will ensure that they get a motivating settle that will stop the case from proceeding to trial.

Vancouver Personal Injury Lawyer

Tim Louis & Company 
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678

Scroll to top