Can I claim punitive damages in an LTD case?
It is common for LTD claimants to feel angry, frustrated, disrespected, and mistreated by the insurer that has denied their benefits. They may feel strongly about suing the insurer not only for the denied benefits but for additional damages intended to ‘punish’ the insurer for harsh, harmful or egregious conduct in the way it has handled the claim. Those additional damages are commonly referred to as ‘punitive damages’.
However, our courts rarely award punitive damages in LTD insurance cases. This is because of laws relating to contracts. Even if they seem wrong, insurer's actions generally do not rise to the level required for punitive damages. Moreover, insurers will rarely, if ever, pay punitive damages as part of a settlement of a long-term disability insurance claim.
While punitive damages are rare, our long-term disability lawyers can explain what compensation may be available to you. Our team has represented many claimants facing situations like this. We take these cases on contingency, so there are no upfront fees. Contact us to schedule a free consultation and get clarity on your options.
Expertise.
FAQs.
- My child suffered a birth injury 20 years ago. Is it too late to seek legal help?
- If your child suffered a birth injury 20 years ago, it may not be too late to seek legal help. Ontario laws allow exceptions for minors, disabilities, and late discoveries. Consult Gluckstein Lawyers to explore your options and understand the legal timelines for your case. Get More Information
- What is considered a birth injury in Ontario?
- In Ontario, a birth injury is harm a baby suffers during labour or delivery, often due to medical negligence. Common injuries include cerebral palsy, HIE, and nerve damage. Unlike birth defects, birth injuries occur during childbirth and may be preventable with proper medical care. Get More Information
- How do I file a complaint about a birth injury in Ontario?
- Filing a birth injury complaint in Ontario involves contacting the hospital's Patient Relations or the Patient Ombudsman for initial concerns. For issues with specific providers, reach out to regulatory colleges like CPSO or CNO. To seek financial compensation, consult a medical malpractice lawyer for guidance. Get More Information
- What damages can I claim in a birth injury lawsuit?
- In an Ontario birth injury lawsuit, you can claim damages to secure your child’s future. Compensation typically covers the vital costs of lifelong care, specialized therapy, and essential medical equipment. At Gluckstein Lawyers, our compassionate Full-Circle Care approach ensures your family is fully supported. Contact us today for a free consultation to discuss your legal options. Get More Information
- My child was diagnosed with CP. How can a lawyer help?
- A cerebral palsy (CP) diagnosis changes your family's life. Gluckstein Lawyers can help by investigating your delivery for medical negligence and explaining your legal rights. We fight to secure the vital financial compensation required for your child’s lifelong care and support. Contact our compassionate birth injury team today for a free consultation to discuss your options. Get More Information
- How do I find a birth injury lawyer who works on contingency?
- If you need a birth injury lawyer who works on a contingency basis, look no further than Gluckstein Lawyers. We believe every family deserves access to justice, so we do not charge any upfront fees. You only pay if your case is successful. Contact our compassionate team today for a free consultation to discuss your legal options. Get More Information
- Where can I find a birth injury lawyer in Toronto?
- If you are looking for a trusted birth injury lawyer in Toronto, Gluckstein Lawyers is here to help. Based near the city centre, our dedicated medical malpractice team provides compassionate, full-circle care for families dealing with severe birth trauma. We offer free consultations to help you understand your legal rights and options moving forward. Get More Information
- Who is the best birth injury lawyer in Ontario?
- While it is hard to name just one "best" lawyer, Gluckstein Lawyers is a trusted leader in Ontario birth injury litigation. We offer expert, compassionate legal representation to families affected by birth trauma. Our devoted team fights hard to secure the compensation necessary to support your child’s lifelong care and honour their future needs. Get More Information
- What causes birth injuries during delivery?
- Birth injuries often result from difficult labor, unusual fetal positioning, or maternal health issues. Sometimes, medical errors occur, such as the improper use of delivery tools or delayed C-sections. If you suspect a medical mistake caused your child's injury, contact Gluckstein Lawyers for a free case assessment. Get More Information
- Who Can Apply for the Canada Disability Benefit (CDB)?
- To be eligible for the Canada Disability Benefit (CDB), the applicant must be between 18-64 years old, be approved for the Disability Tax Credit, and have filed income tax returns in the previous year. Get More Information
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