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Motor Vehicle Accident Lawyers
In a serious motor vehicle accident, a life can change forever in an instant. Whether you're a driver or passenger involved in a single or multi-vehicle crash, or a pedestrian or cyclist struck by a vehicle, the force of the impact can cause injury, disability or death.
The costs associated with managing such a life-altering event can be immense. Choosing an experienced, knowledgeable and trusted motor vehicle accident lawyer will be one of the most important decisions you make. They can help you access the benefits and recover the damages that you deserve.
Gluckstein Lawyers have been helping victims of motor vehicles accidents for almost 60 years. Our team has the expertise to handle the most challenging and complex cases.
If you or a loved one sustained a serious injury in a vehicle accident, contact a Gluckstein Lawyer as soon as possible for a free, no obligation consultation to discuss your options.
What Counts as a Motor Vehicle Accident?
Types of Motor Vehicle Accidents.
The different types of motor vehicle accident claims include:
- Automobile accidents: car accidents involving one or more vehicles caused by distracted driving, driving under the influence of drugs or alcohol, vehicles in poor repair, hit-and-run collisions, weather-related accidents and/or dangerous driving.
- Long-haul transport truck and commercial vehicle accidents: these may result from poor training, unsafe working conditions, distracted driving, fatigue, impaired driving, and unsafe vehicle maintenance.
- Motorcycle accidents: these accidents often result in severe injuries or death because of limited rider protection from other vehicles.
- Cyclists or pedestrian accidents: typically involve motor vehicles colliding with a cyclist or pedestrian or otherwise causing a cyclist or pedestrian to injure themselves to avoid being struck.
- Bus accidents: municipal, intercity, school, or sight-seeing buses or coaches can be involved in single-vehicle or multi-vehicle collisions, which can injure passengers and others.
- ATV and snowmobile accidents: riders of these recreational vehicles must carry appropriate motor vehicle insurance coverage (with certain exceptions relating to private property), and may cause injury or be injured in collisions or roll-overs.
- Boating accidents: operators, passengers, or bystanders (swimmers, other boaters or people in the water or along the shore) can be involved in collisions or negligent actions occurring on the water or involving docks or other objects in the water or on shore, leading to injuries or death.
- Airplane and train accidents: excessive turbulence, crashes, collisions or derailments can result in catastrophic injuries and loss of life. Class actions or mass torts may be necessary if there are significant numbers of casualties.
Two Types of Motor Vehicle Accident Claims.
A person involved in a motor vehicle accident has two ways to make a claim for compensation:
- Anyone involved in a motor vehicle accident in Ontario may be eligible for the statutory accident benefits - even if they don't own a motor vehicle or have motor vehicle insurance coverage. These benefits are referred to as "statutory no-fault accident benefits".
- A person involved in a vehicle accident who is deemed to be not at fault or only partly at fault can file a lawsuit and make a tort claim for damages caused by another person's negligence.
Accident Benefit Claims.
A claim must be pursued by an automobile accident victim, through their own automobile insurance (or, depending on the circumstances, through the insurer of another vehicle involved in the accident), for:
- Medical and rehabilitation benefits
- Attendant care benefits Income replacement benefits
- Non-earner benefits
- Caregiver benefits
- Housekeeping benefits
- Death and funeral benefits
- Other benefits
While all these benefits are capped at certain amounts (that may change each year as a result of inflation), the nature and extent of your injuries, disabilities and personal circumstances will determine what and how much you will be eligible to claim or receive. If no one involved in the accident has motor vehicle insurance (or the accident is the result of a hit and run), you may be able to make a claim for accident benefits through Ontario's Motor Vehicle Accident Claims Fund.
The no-fault accident benefits system was designed to ensure that all motor vehicle accident victims (and certain eligible relatives) would be able to receive benefits to aid in their recovery in a timely manner. After a motor vehicle accident, you must notify your insurance company within seven days, or as soon as reasonably possible, that you wish to apply for no-fault accident benefits, and you must file a completed Application Form (OCF-1) with your insurance company within 30 days after receiving the documents from the insurer.
Insurance companies sometimes delay or deny these benefits unfairly. An experienced motor vehicle accident lawyer from Gluckstein Lawyers can help you fight to get what you deserve. We know how to deal with insurers to get results so that you can focus on healing.
Tort Claims.
A tort claim is a civil lawsuit against a negligent party involved in your accident, which caused or contributed to your injuries. Even if you were partly responsible for the accident, if someone else bears more of the blame, you can seek compensation.
While no amount of money can bring back all that you may have lost, awards for damages are designed to acknowledge your pain, suffering, loss of enjoyment of life and pecuniary (calculable) losses, including loss of income, health care expenses, Family Law Act damages (i.e. claims by certain family members), housekeeping and home maintenance expenses.
Your injuries must impact your life to a certain legal threshold for compensation to be recovered in a motor vehicle tort claim. You must provide evidence, mostly medical, to prove you have sustained a permanent serious impairment of an important physical, mental or psychological function; or, you must prove that you have suffered permanent serious disfigurement. You have two years to bring a lawsuit against the at-fault party for a personal injury.
Insurance companies may try to convince you that your injuries do not meet the "impairment" threshold, or they might make a 'lowball' offer to settle your claim early in the hopes that you won't pursue what you might rightly deserve. Gluckstein Lawyers' expertise with motor vehicle accident claims can be called upon to assess whether you have a case and what a fair settlement should take into account.
What to Do If You've Been Hurt in a Motor Vehicle Accident.
In the aftermath of a serious vehicle accident, you could be in a state of shock and/or so severely injured that you are incapacitated. However, if you are able to take certain steps, you can protect yourself, your loved ones and your rights by trying to do the following:
- Ensure all people involved in the accident are safe and stable.
- Call for help from first responders if any injuries require immediate attention. Always err on the side of caution if you are unsure; some injuries, such as brain trauma, internal bleeding, or other traumatic effects may not be obvious at first.
- Stay at the scene of the accident (if safe to do so, and if conditions permit) until it is appropriate to leave.
- Exchange contact and insurance information with all involved persons. Ask for contact information for any witnesses.
- If you are able to, take photos or video of your injuries and the accident scene.
- Make note of anything that could have contributed to the accident such as poor weather or visibility.
- Be discreet and limit what you say to other people involved in the accident and even your family and especially social media. You may unwittingly say something that could hurt your ability to obtain compensation.
- Go to the hospital for serious injuries and see your doctor as soon as possible for injury assessments and follow-ups.
- Contact a personal injury lawyer before speaking to any insurance provider (particularly one representing an at-fault party). However, report the accident to your own automobile insurer as soon as possible following the accident (or have someone do that for you if your condition prevents you from doing so).
How Can a Personal Injury Lawyer Help?
After a motor vehicle accident, dealing with insurers can feel overwhelming, especially when they attempt to minimize liability while you're already under immense stress. You may feel pressured to accept a low first offer, but this is where having an experienced advocate makes all the difference.
Gluckstein Lawyers understands the insurance process inside and out. We use our expertise and network of specialists to build a strong case for your accident benefits and damages, ensuring your injuries, disabilities, and financial losses are accurately assessed. Our team is not only determined to fight for your rights but also compassionate and committed to your recovery. With client liaisons and medical-trained staff, we provide full-circle care to support you throughout the legal process and help you rebuild your life after an accident.
Contact Us for Your Free, No Obligation Consultation.
If you're unsure about your next steps after a serious motor vehicle accident, a free consultation with Gluckstein Lawyers can provide clarity. We'll listen to your story, explore your options, and determine how we can assist in accessing benefits or compensation for your losses. If we can't help, we'll explain why and suggest alternative paths forward. With nothing to lose and so much to gain, contact Gluckstein Lawyers today.
Related Expertise.
FAQs.
- What to Do If Someone Hits Me and Flees the Scene of a Car Accident in Toronto?
- If you're in a car accident in Toronto and the other party flees, stay calm and act quickly. Ensure everyone's safety and move to a safe location. Call the police and detail the fleeing vehicle. Gather witness information and document the scene with photos. Get the police report and notify your insurance company for assistance with claims and uninsured motorist coverage. Consulting a car accident lawyer can help manage your claim and ensure fair compensation. Get More Information
- Do I Have to Report My Car Accident in Toronto?
- In Toronto, you must report a car accident under certain conditions. According to the Ontario Highway Traffic Act, report to the police if there are injuries or property damage over $2,000. Notify your insurance company promptly to facilitate claims and support. Document key details like time, location, and circumstances for police and insurance reports. Get More Information
- Should I consult a lawyer for my car accident claim?
- It is highly recommended to consult with an experienced car accident lawyer in Ontario. They offer valuable insights, help you understand your rights, and ensure you pursue the maximum compensation possible for your specific case. Get More Information
- Should I seek medical attention after a car accident even if I am not injured?
- Yes, it's advisable to seek medical attention after a car accident, even without immediate injuries, as symptoms can appear later. A medical exam documents your health status, crucial for insurance or legal proceedings. Prioritizing your well-being ensures underlying issues are identified and treated promptly. Get More Information
- How much can someone sue for a car accident in Ontario?
- The amount you can sue for in a car accident varies based on numerous factors, including the severity of your injuries, the impact on your daily life, and any resultant economic losses. Compensation can cover medical expenses, lost income, pain and suffering, and other damages. Get More Information
- What is Surveillance in Long-Term Disability Insurance?
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Surveillance in the context of Long-Term Disability (LTD) insurance refers to the practice where insurance companies may conduct covert monitoring and observation of claimants to investigate the validity of their disability claims. This surveillance is typically carried out by professional investigators who gather visual evidence, such as photographs or videos, to assess the claimant's activities and functional limitations. Here are key points to understand about surveillance in LTD insurance:
- Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.
- Activities Monitored: Surveillance may involve monitoring various aspects of a claimant's daily life, including physical movements, interactions with others, engagement in recreational activities, and participation in events that could indicate the level of disability.
- Covert Nature: Surveillance is typically conducted covertly, meaning that the claimant is not aware that they are being monitored. This approach aims to capture the claimant's behavior and activities in their natural state without influencing their actions.
- Legal Compliance: Surveillance activities must comply with legal regulations and privacy laws to ensure that the rights of the claimant are respected. Investigators must adhere to ethical standards and obtain evidence lawfully.
- Impact on Claims: The results of surveillance can influence the outcome of an LTD claim. If the surveillance footage contradicts the claimant's reported limitations or suggests misrepresentation of disability, the insurance company may use this information to deny or terminate benefits.
- Frequency: Surveillance is not conducted continuously for all claimants but is often employed selectively based on specific factors, red flags, or suspicions raised during the claims process.
- Balancing Privacy and Investigation: While surveillance is a legitimate tool for insurance companies to verify claims, it raises concerns about privacy invasion and the potential misinterpretation of normal activities as evidence of fraud. Claimants have the right to challenge surveillance findings if they believe their disability status has been misrepresented.
Understanding the role of surveillance in LTD insurance can help claimants navigate the claims process effectively, ensure transparency in their interactions with the insurance company, and seek legal advice if they have concerns about the handling of surveillance activities in relation to their disability claim.
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- Purpose: The primary purpose of surveillance is to verify the extent of a claimant's disability and ensure that the reported limitations align with their actual activities. Insurance companies use surveillance as a tool to prevent fraud, confirm the accuracy of claims, and protect the integrity of the LTD system.
- How Much Money Can I Get From My Long-Term Disability Benefits?
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The amount of money you can receive from Long-Term Disability (LTD) benefits in Ontario is influenced by various factors, including the terms of your specific LTD policy, your pre-disability earnings, and the duration of your disability. Here are key points to consider regarding LTD benefits in Ontario:
- Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.
- Maximum Benefit Amount: Most LTD policies have a maximum monthly benefit amount, which caps the total benefits you can receive each month. This maximum amount is determined by the terms of your policy.
- Duration of Benefits: The duration for which you can receive LTD benefits varies and is specified in your policy. Some policies provide benefits until retirement age, while others have a limited benefit period (e.g., two years, five years).
- Integration with Other Benefits: LTD benefits may be integrated with other disability benefits you receive, such as Canada Pension Plan Disability (CPP-D) benefits or workplace pensions. The total amount you receive from all sources may be subject to offsets or reductions.
- Tax Considerations: LTD benefits in Ontario are generally considered taxable income. However, if you paid the premiums for the LTD policy with after-tax dollars, a portion of the benefits may be tax-free.
- Cost-of-Living Adjustments: Some LTD policies include cost-of-living adjustments to account for inflation, ensuring that the purchasing power of your benefits is maintained over time.
- Return-to-Work Provisions: Many LTD policies include provisions for partial disability benefits if you can return to work on a part-time basis or in a reduced capacity. These provisions may affect the amount of benefits you receive.
To determine the specific amount of money you can receive from LTD benefits in Ontario, it is essential to review your LTD policy documents, understand the terms and conditions of the policy, and consult with the insurance provider or a legal expert specializing in disability insurance claims. They can provide detailed information on benefit calculations, limitations, and any additional factors affecting the amount of LTD benefits you are eligible to receive.
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- Percentage of Pre-Disability Earnings: LTD policies typically provide a percentage of your pre-disability earnings as benefits. This percentage can vary but commonly ranges from 50% to 70% of your pre-disability income.
- Why Do Insurance Companies Deny LTD Claims?
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Insurance companies may deny Long-Term Disability (LTD) claims for various reasons, some of which are legitimate while others may involve errors, misinterpretations, or disputes. Here are common reasons why insurance companies deny LTD claims:
- Insufficient Medical Evidence: If the medical documentation provided does not sufficiently support the severity or duration of the disability, the insurance company may deny the claim due to a lack of evidence.
- Pre-Existing Conditions: Some policies exclude coverage for pre-existing conditions or conditions that existed before the policy came into effect. If the disability is deemed to be related to a pre-existing condition, the claim may be denied.
- Policy Exclusions: Certain policies have specific exclusions for certain types of disabilities, treatments, or conditions. If the disability falls under an exclusion listed in the policy, the claim may be denied.
- Failure to Meet Criteria: Insurance policies often have specific criteria that must be met to qualify for LTD benefits. If the claimant does not meet these criteria, such as the definition of disability or waiting period requirements, the claim may be denied.
- Incomplete Documentation: If the required documentation, forms, or information are incomplete, missing, or not submitted within the specified timeframe, the insurance company may deny the claim due to insufficient information.
- Discrepancies in Information: Inconsistencies between the claimant's statements, medical records, and other documentation can raise red flags and lead to the denial of the claim.
- Failure to Follow Treatment Plans: If the claimant does not follow prescribed treatment plans, attend medical appointments, or comply with rehabilitation efforts, the insurance company may deny the claim on the basis of non-compliance.
- Occupational Duties: If the disability does not prevent the claimant from performing the essential duties of their occupation as defined in the policy, the claim may be denied.
- Surveillance Results: Insurance companies may conduct surveillance to investigate the validity of a claim. If the surveillance results suggest that the claimant's reported limitations are inconsistent with their activities, the claim may be denied.
- Fraud or Misrepresentation: If the insurance company suspects fraud, misrepresentation of facts, or intentional withholding of information by the claimant, the claim may be denied.
Understanding these reasons for denial can help claimants navigate the LTD claims process more effectively, address any issues proactively, and seek recourse if they believe the denial is unjustified. It's advisable to consult with legal counsel specializing in disability insurance claims to explore options for disputing a denied LTD claim.
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- Insufficient Medical Evidence: If the medical documentation provided does not sufficiently support the severity or duration of the disability, the insurance company may deny the claim due to a lack of evidence.
- What Medical Conditions Qualify for Long-Term Disability?
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Long-Term Disability (LTD) insurance typically covers a wide range of medical conditions that significantly impact an individual's ability to work and perform daily activities. While the specific criteria for qualifying for LTD benefits may vary depending on the policy and insurance provider, here are common medical conditions that often qualify for Long-Term Disability coverage:
- Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
- Mental Health Disorders: Including depression, anxiety disorders, bipolar disorder, post-traumatic stress disorder (PTSD), schizophrenia, and other psychiatric conditions that impair daily functioning.
- Neurological Disorders: Such as multiple sclerosis (MS), Parkinson's disease, epilepsy, Alzheimer's disease, and other conditions affecting the brain and nervous system.
- Cardiovascular Disorders: Including heart disease, congestive heart failure, arrhythmias, and other cardiovascular conditions that impact physical functioning.
- Cancer: Various forms of cancer, including leukemia, lymphoma, breast cancer, lung cancer, and other malignancies that require extensive treatment and cause disability.
- Autoimmune Disorders: Such as lupus, rheumatoid arthritis, Crohn's disease, ulcerative colitis, and other autoimmune conditions that result in chronic symptoms and limitations.
- Chronic Pain Syndromes: Conditions leading to persistent pain and discomfort, such as migraines, complex regional pain syndrome (CRPS), and neuropathic pain disorders.
- Respiratory Disorders: Including asthma, chronic obstructive pulmonary disease (COPD), emphysema, and other lung conditions that impact breathing and physical exertion.
- Endocrine Disorders: Such as diabetes, thyroid disorders, adrenal insufficiency, and hormonal imbalances that affect overall health and functioning.
- Degenerative Diseases: Conditions like osteoarthritis, degenerative disc disease, muscular dystrophy, and other progressive diseases that result in physical decline over time.
It's important to note that each LTD policy may have specific definitions, limitations, and exclusions regarding covered medical conditions. To determine if your medical condition qualifies for Long-Term Disability benefits, consult your policy documents, speak with your insurance provider, and consider seeking guidance from a healthcare provider or legal expert specializing in disability insurance claims.
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- Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
- Can You Dispute Your Denied Disability Claim?
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Yes, you can dispute a denied Long-Term Disability (LTD) claim if you believe that the denial is unjustified or incorrect. Disputing a denied LTD claim involves challenging the decision made by the insurance company and presenting additional evidence or arguments to support your claim for disability benefits. Here are steps to effectively dispute a denied LTD disability claim:
- Understand the Reasons for Denial: Review the denial letter from the insurance company to understand the specific reasons for the denial. This will help you address the issues raised in your dispute.
- Gather Additional Evidence: Collect any new medical records, test results, physician statements, or other relevant documentation that strengthen your case for disability benefits. Ensure that this evidence directly addresses the reasons cited for the denial.
- Consult with Legal Counsel: Consider seeking advice from a lawyer specializing in disability insurance law. A legal expert can assess your case, provide guidance on disputing the denial, and represent you in negotiations with the insurance company if needed.
- Prepare a Detailed Dispute Letter: Craft a comprehensive dispute letter outlining the reasons why you believe the denial is incorrect. Clearly present the additional evidence, explanations, and arguments supporting your claim for disability benefits.
- Submit the Dispute: Send your dispute letter and supporting documentation to the insurance company within the specified timeframe outlined in your policy. Use a method that provides proof of delivery to ensure your dispute is received.
- Engage in Dialogue: Stay in communication with the insurance company throughout the dispute process. Be prepared to provide further clarification, answer questions, or provide additional information as requested.
- Consider Alternative Resolution: If direct negotiation with the insurance company does not lead to a resolution, explore alternative dispute resolution methods, such as mediation, to seek a mutually acceptable outcome.
- Legal Action: If all attempts to dispute the denial prove unsuccessful, you may consider taking legal action against the insurance company by filing a lawsuit. Your legal counsel can guide you through the litigation process and represent your interests in court.
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- Understand the Reasons for Denial: Review the denial letter from the insurance company to understand the specific reasons for the denial. This will help you address the issues raised in your dispute.
- How Do I Appeal Long-Term Disability Denial?
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When faced with a denial of your Long-Term Disability (LTD) claim, appealing the decision is a crucial step to seek reconsideration and potentially secure the benefits you are entitled to. Here are the steps to effectively appeal a Long-Term Disability denial:
- Review the Denial Letter: Carefully review the denial letter from the insurance company to understand the reasons for the denial, the policy provisions cited, and any additional information or documentation required for the appeal.
- Gather Supporting Documentation: Collect all relevant medical records, test results, physician reports, and any other evidence supporting your disability claim. Ensure that this documentation addresses the reasons for denial outlined in the letter.
- Understand the Appeals Process: Familiarize yourself with the specific appeals process outlined in your LTD policy. Note any deadlines for submitting an appeal and follow the prescribed procedures to ensure your appeal is considered.
- Draft a Comprehensive Appeal Letter: Prepare a detailed appeal letter addressing each reason for denial, providing additional evidence, explanations, and arguments supporting your claim for disability benefits. Be clear, concise, and organized in presenting your case.
- Seek Legal Advice: Consider consulting with a lawyer experienced in disability insurance law to guide you through the appeals process, review your appeal letter, and provide legal representation if needed.
- Submit the Appeal: Send your appeal letter and supporting documentation to the insurance company within the specified timeframe. Use certified mail or another method that provides proof of delivery to ensure your appeal is received.
- Follow Up and Maintain Communication: Keep track of your appeal timeline, follow up with the insurance company to confirm receipt of your appeal, and maintain open communication throughout the appeals process.
- Consider Alternative Dispute Resolution: If the appeal is unsuccessful, explore alternative dispute resolution options, such as mediation or arbitration, to resolve the dispute outside of litigation.
- Legal Action: If all appeals are exhausted and your claim remains denied, you may consider pursuing legal action against the insurance company through a lawsuit with the assistance of legal counsel.
By following these steps and seeking professional advice where necessary, you can navigate the appeal process effectively and increase your chances of overturning a Long-Term Disability denial.
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- Review the Denial Letter: Carefully review the denial letter from the insurance company to understand the reasons for the denial, the policy provisions cited, and any additional information or documentation required for the appeal.
- What Types of LTD Claims Can I Sue For?
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In Ontario, individuals with Long-Term Disability (LTD) claims may have legal options to pursue lawsuits in various situations. Some potential types of LTD claims that individuals in Ontario can sue for include:
Wrongful Denial of Benefits: If your LTD claim is wrongfully denied by the insurance company, you may have grounds to sue for a breach of contract or bad faith denial. This can involve challenging the denial based on policy provisions, medical evidence, or procedural errors in the claims process.
Termination of Benefits: If your LTD benefits are terminated unfairly or prematurely, you may have a basis to sue for wrongful termination. This could include situations where benefits are cut off without proper justification or where the insurance company fails to provide adequate reasons for ending payments.
Breach of Fiduciary Duty: In cases where the insurance provider fails to fulfill its fiduciary duty to act in the best interests of the insured individual, leading to harm or financial loss, a lawsuit for breach of fiduciary duty may be pursued.
Disability Discrimination: If you believe you have been discriminated against based on your disability status in the context of your LTD claim, you may have legal grounds to sue for disability discrimination. This can include situations where you are treated unfairly, denied benefits, or subjected to adverse actions due to your disability.
Violation of Human Rights: If your rights under human rights legislation in Ontario, such as the Ontario Human Rights Code, are violated in relation to your LTD claim, you may have the option to bring a lawsuit for human rights violations.
Bad Faith Insurance Practices: In cases where the insurance company engages in bad faith practices, such as unreasonably delaying or denying valid claims, acting in a discriminatory manner, or failing to adhere to legal obligations, a lawsuit for bad faith insurance practices may be pursued.
When considering legal action related to LTD claims in Ontario, it is advisable to seek guidance from a lawyer specializing in disability law to assess the specifics of your case, understand your rights under Ontario laws, and determine the appropriate course of action to seek redress for any injustices related to your LTD claim.
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- What is Disability?
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Disability is a broad term that encompasses physical, cognitive, sensory, or mental impairments that may limit an individual's ability to engage in certain activities or perform tasks compared to the general population. Disabilities can be temporary, permanent, or episodic, and they vary in severity and impact on daily functioning.
Disabilities can result from various factors, including congenital conditions, illnesses, injuries, accidents, or age-related changes. The effects of a disability can manifest in limitations related to mobility, communication, cognition, sensory perception, or self-care, affecting an individual's independence and quality of life.
In the context of insurance, such as Long-Term Disability (LTD) coverage, disabilities are typically assessed based on their impact on an individual's ability to work and earn income. Insurance policies define disability criteria to determine eligibility for benefits, considering factors such as medical evidence, functional limitations, and the individual's capacity to engage in gainful employment.
Understanding the nature of disabilities, their diverse manifestations, and the challenges they pose to individuals is crucial for creating inclusive environments, providing appropriate support and accommodations, and promoting equal opportunities for individuals with disabilities in various aspects of life.
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- Who is responsible for benefits and damages if you're hurt in an accident while riding a taxi or rideshare?
- In Ontario, both the owner and driver of a vehicle partially or fully responsible for an accident are liable for damages. The type of liability the owner and driver would be exposed to would likely differ if they are not the same person. If you have motor vehicle insurance, you would apply for accident benefits through your own policy. If you do not have a policy, you would apply through the policy of another driver. Establishing which insurer is responsible for benefits and/or damages in taxi and rideshare accident can be complicated and it is always advisable to consult an experience personal injury lawyer to help you clarify matters and understand your rights. Get More Information
- What kind of insurance is required to operate taxis and rideshares?
- To operate a taxi in Ontario, drivers must purchase additional endorsements on their motor vehicle insurance. These endorsements include: OPCF #6A - Permission to Carry Passengers for Compensation Endorsement, OPCF #19 - Limiting the Amount Paid for Loss or Damage Coverage, OPCF #21b - Blanket Fleet Coverage, OPCF #22 - Damage to Property of Passengers. Some rideshare companies such as Uber have also purchased commercial auto insurance policies to further cover their drivers. Get More Information
- What do I do if I've been injured in an accident while riding a taxi or rideshare?
- Once you have taken care to ensure your immediate safety, you should report the accident to police, seek examination by a medical professional at the scene or as soon as possible afterwards, record the contact information and insurance information of all other people involved in the accident, record the contact information of any witnesses, take photos and/or video of the scene of the accident and visible injuries, contact a personal injury lawyer to ensure you understand your rights and then call your insurance provider, or the insurance provider of another driver involved in the accident if you do not have insurance. Get More Information
- How will Gluckstein Lawyers' catastrophic injury accident benefits lawyers help?
- Our team of experienced, skilled and knowledgable catastrophic accident benefits lawyers will assist in filing your claim for benefits, disputing any insurer denials, and building a case to access additional funds through a tort claim if you are eligible to make one. Get More Information
- Aside from accident benefits, how can someone deemed catastrophically injured in a motor vehicle accident fund their care?
- If another person's negligence caused or contributed to your injuries, you may be able to file a tort claim for additional compensation and damages. These civil claims are important and it is possible a person with severe injuries or disabilities will exhaust their SABS benefits while still requiring attendant or other medical care. Get More Information
- Why is it important to receive a catastrophic designation?
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Receiving a catastrophic designation after being injured in a personal injury accident in Ontario is crucial for several significant reasons.
A catastrophic designation often leads to increased benefits under the Statutory Accident Benefits Schedule (SABS). This designation can result in higher coverage limits for medical expenses, attendant care, rehabilitation, and other essential services.
Individuals with a catastrophic designation may gain access to specialized medical treatments, therapies, and support services tailored to address the specific needs arising from severe injuries, such as traumatic brain injuries or spinal cord injuries. Catastrophic designations can lead to higher compensation amounts for future care costs, income replacement, and other financial losses incurred due to the catastrophic injury. This financial support is crucial for long-term recovery and rehabilitation.
Having a catastrophic designation ensures individuals receive ongoing support, including long-term medical care, rehabilitation services, vocational assistance, and other resources aimed at promoting independence and quality of life. Recognition of a catastrophic injury through the designation allows individuals to access resources such as adaptive equipment, home modifications, and specialized therapies that can significantly improve their quality of life post-injury.
Receiving a catastrophic designation in Ontario is instrumental in ensuring individuals with severe injuries receive the necessary benefits, care, financial support, and legal advantages required for their recovery, well-being, and overall quality of life.
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- How are catastrophic injuries defined?
- Injuries are given a catastrophic designation if they align with one or more of eight criteria in the Statutory Accident Benefits Schedule (SABS) guidelines (or an analogous test for an accident victim under the age of 18). Get More Information
- What can you do if you're denied accident benefits?
- Insurers may have an internal process for contesting a denial of benefits letter. Otherwise, you can submit your case to the Licence Appeal Tribunal (LAT) for review. Get More Information
- Are there time limits to apply for accident benefits?
- A motor vehicle accident involving bodily harm must be reported to police and insurers within seven days (or as soon a reasonably possibly thereafter if circumstances won't permit a report within seven days) for certain benefits. The Application for Accident Benefits (OCF-1) form you receive from an insurer must be completed within 30 days. Get More Information
- How do I obtain accident benefits following a motor vehicle accident?
- After contacting your insurer or the insurer of another driver involved in the accident, you will be sent an Application for Accident Benefits (OCF-1) form. Get More Information
- What benefits are available to someone who is injured in a motor vehicle accident?
- The Statutory Accident Benefits Schedule for motor vehicle accidents includes: medical and rehabilitation benefits, attendant care benefits, income replacement benefits, non-earner benefits, caregiver benefits, housekeeping benefits, death and funeral benefits, other benefits. Get More Information
- What is considered to be a catastrophic injury?
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A catastrophic injury causes significant and permanent impact or damage to a victim. However, the term catastrophic injury has a specific meaning and is defined by certain criteria when applied to Ontario's Statutory Accident Benefits Schedule (SABS) for motor vehicle accidents.
Some examples of catastrophic injuries according to SABS criteria include:- A severe brain injury;
- Loss of a limb;
- Extreme loss of vision; and
- Paralysis, among other injuries.
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- What are some steps you should take if you've had an ATV or snowmobile accident?
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Always seek medical attention, even if your injury appears minor. It is important to rule out serious unseen complications such as brain injury or internal bleeding. If you are able, collect the contact information of anyone else involved in or witness to the accident and take photos of the scene of the accident.
Contact an ATV or snowmobile accident lawyer to learn about your rights and options. If applicable, contact your insurer or the insurer of the driver to begin a claim for Statutory Accident Benefits, other private insurance you hold, or file a claim for damages against an at-fault party.
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- What are some signs and symptoms of severe head trauma?
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Each brain injury is a unique event with its own set of effects, there are some common difficulties arising from severe head trauma, including:
- Headaches;
- Confusion;
- Lightheadedness;
- Full or partial paralysis;
- Dizziness;
- Blurred vision or tired eyes;
- Ringing in the ears;
- Bad taste in the mouth;
- Fatigue or lethargy;
- Changes in sleep patterns;
- Behavioural or mood changes;
- Trouble with memory, concentration, attention, or thinking;
- Repeated vomiting or nausea;
- Convulsions or seizures;
- Inability to awaken from sleep;
- Dilation of one or both pupils of the eyes;
- Slurred speech;
- Weakness or numbness in the extremities;
- Loss of coordination;
- Increased restlessness or agitation.
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- Headaches;
- What is the second thing I do if I sustained a traumatic brain injury?
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If you suffered a traumatic brain injury (TBI) due to someone else’s careless or negligent behaviour, after getting medical attention your next priority should be contacting an experienced catastrophic injury lawyer.
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- What is the first thing I should I do if I sustained a serious blow to the head during an accident?
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Any accident involving a serious blow to the head should be enough to seek immediate medical care, even if you feel fine in the following hours or days. Damage to the brain does not always produce noticeable symptoms immediately, so it is best to let a medical professional evaluate your cognitive abilities and brain function after an accident.
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- What are the time limits on filing a catastrophic injury claim?
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In Ontario, the time limits for filing a catastrophic injury claim are governed by the province's Limitations Act, 2002.
In Ontario, individuals generally have two years from the date of the accident or the date they discover their injury to file a personal injury claim, including claims related to catastrophic injuries. This two-year period is known as the limitation period.
If the catastrophic injury was not immediately apparent at the time of the accident and was discovered later, the limitation period may start from the date the injury was discovered or when the individual should have reasonably discovered it.
For individuals who were minors (under the age of 18) at the time of the accident, the two-year limitation period begins to run on their 18th birthday. This provision allows minors extra time to bring a claim.
While there are no formal notice requirements for catastrophic injury claims in Ontario, it is advisable to notify relevant parties, such as insurance companies, as soon as possible after the accident to initiate the claims process.
In certain circumstances, there may be exceptions or extensions to the limitation period. For example, if the injured individual lacks the legal capacity to file a claim, the limitation period may be extended. It is crucial to seek legal advice from an experienced personal injury lawyer promptly after sustaining a catastrophic injury in Ontario to ensure compliance with the applicable time limits for filing a claim.
Missing the deadline could result in the loss of the right to seek compensation for the injuries suffered. A knowledgeable personal injury lawyer at Gluckstein Lawyers can help navigate the complexities of filing a catastrophic injury claim within the specified time limits.
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- Why is it important to seek representation from a personal injury lawyer with experience in catastrophic injuries?
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It is crucial to seek representation from a personal injury lawyer with experience in catastrophic injuries. Personal injury lawyers with experience in catastrophic injuries have specialized knowledge and expertise in handling complex cases involving severe and life-altering injuries. They understand the unique challenges and nuances associated with catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, amputations, and severe burns.
Lawyers who specialize in catastrophic injuries not only provide legal guidance but also offer emotional support and guidance throughout the legal process, helping clients cope with the challenges they face. By seeking representation from a personal injury lawyer at Gluckstein Lawyers with experience in catastrophic injuries, individuals can ensure they receive the level of care, expertise, and advocacy needed to navigate the complexities of their case, pursue justice, and obtain the compensation they deserve for the profound impact of catastrophic injuries on their lives.
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- What benefits can I access if my injury is deemed catastrophic?
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If your injury is deemed catastrophic, you may gain access to a range of benefits that can provide crucial support for your recovery and well-being.
Here are some of the benefits you may be able to access:
- Enhanced Medical Benefits.
- Income Replacement.
- Attendant Care Services.
- Housekeeping and Home Maintenance Benefits.
- Rehabilitation Services.
- Transportation Expenses.
- Case Management Services.
- Home Modifications.
- Future Care Costs.
- Legal and Advocacy Support.
By accessing these benefits, individuals with catastrophic injuries can receive comprehensive support to aid in their recovery, enhance their quality of life, and address the long-term impact of their injuries effectively.
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- What are some common types of car accidents?
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Most car accidents involve two vehicles.
Common accidents include:
- Rear-end collisions;
- Side-impact collisions or T-bone accidents;
- Head-on collisions (often causing the most serious injuries).
Other common car accidents include:
- Striking a stationary object;
- Striking a cyclist or pedestrian.
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- Rear-end collisions;
- What if the at-fault party doesn’t have insurance?
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If an uninsured or unknown party injured you, you should still seek out legal counsel. Consult Gluckstein Personal Injury Lawyers and learn if you can make a tort claim or accident benefits claim through Ontario's Motor Vehicle Accident Claims Fund.
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- What if my injury meets the threshold?
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If your injury meets the threshold, you may be entitled to recover damages from a car accident for pain, suffering, loss of enjoyment of life, health care expenses, Family Law Act damages, and other quantified losses. At Gluckstein Personal Injury Lawyers, we are here to help you understand what damages you can recover. It is important to speak to one of our personal injury lawyers to help you understand your rights. Contact our law firm today.
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- What is the threshold?
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To make a tort claim after a car accident, you must prove that your injury was the result of someone else's negligent, intentional or reckless actions and that it meets the “threshold” defined by the Insurance Act. The threshold is a description of the level of severity your injury must meet.
To meet the threshold, your injury must result in a:
- Permanent serious impairment of an important physical, mental or psychological function; or
- Permanent serious disfigurement.
A personal injury lawyer can help you to determine the likelihood that you will meet the threshold.
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- What can I sue for?
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There are various categories of damages that an injured party can seek compensation for by way of a lawsuit. Any person injured in a motor vehicle accident in Ontario is eligible to claim Statutory Accident Benefits, even if they were at fault for the accident. If an insurer denies you the benefits you rightfully deserve for your injuries you can sue to obtain them. If your injury or a loved one's injury was the result of someone's negligent, intentional or reckless action or inaction, you may be able to sue for:
- Pain, suffering, and loss of enjoyment of life;
- Loss of income;
- Health care expenses;
- Family Law Act damages (i.e. claims by certain family members);
- Housekeeping and home maintenance expenses;
- Other quantified losses.
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- Pain, suffering, and loss of enjoyment of life;
- When should you call a lawyer after a car accident?
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As soon as possible. Beyond speaking with police and medical responders at the scene of the car accident and letting your loved ones know what happened, your first call should be to an experienced personal injury lawyer. In a no cost, no obligation initial consultation, Gluckstein Personal Injury Lawyers will listen to what happened, explain your rights, and answer any questions you may have about what to do next. It is especially important not to talk to an insurance company before you understand what kind of benefits and compensation you deserve.
If your case has merit and successfully results in a payment of compensation, your legal fees and expenses will only be paid out of the compensation you receive. If we cannot obtain compensation for you, you will not be charged. Of course, there is never any charge for our consultations, whether or not you choose us to represent you.
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- Should I hire a lawyer for a minor car accident?
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Minor car accidents with no injuries usually do not require the help of a lawyer. But if you have been injured, even in a minor car accident, you should not delay in contacting a personal injury lawyer. Your ‘minor injuries’ may be more severe than you think and they could lead to life-changing long-term consequences.
Contact a personal injury lawyer as soon as possible following an accident to ensure you don't miss deadlines to file a claim.
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- Should I hire a lawyer for a car accident?
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If you have been injured due to a motor vehicle accident, whether or not you were at fault, it is crucial that you speak to a lawyer. A personal injury lawyer can assess your case and let you know if you can receive compensation for your pain and suffering. It is important to note that there are limitation periods for claiming both ‘Accident Benefits’ and submitting a civil claim with the Courts.
Contact Gluckstein Personal Injury Lawyers today for a no cost, no obligation initial compensation to learn what we can do for you after a car accident.
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- What to do after a motor vehicle accident?
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When you or a loved one suffers a serious injury caused by a motor vehicle accident, the aftermath can be life-changing and overwhelming. You may face a lengthy recovery, daily pain, suffering, a complex insurance claim, and an inability to work or care for your family members, among many other unexpected challenges.
At Gluckstein Personal Injury Lawyers, our team is committed to your wellbeing. If you require support because you have sustained an injury from a motor vehicle accident, we are here for you. No question is too small. Contact our law firm today to speak with a personal injury lawyer about your car accident. We are here to listen.
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Testimonials.
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Karine P.B.
"To Derek and his Team at Gluckstein and Nicholson! I am writing this testimonial to express my most sincere gratitude for helping me through the most difficult time of my life. You and your team gave... -
Sandy H.
"I would highly recommend Gluckstein Lawyers. Charles and the team settled our vehicle accident case and I was very happy with the result. I appreciated how the process was not stressful at all. Some ... -
Tanya F.
"I wish Mr. Rastin and his team all the very best and am ever grateful for how well I was cared for and the compassionate, genuine and professional services that I was provided with. I will recommend ... -
Shirley M.
"Mr. Rastin listened very carefully to our concerns of the effect the injuries will have on our future. He also showed great compassion, something much appreciated when anxiety is all you feel." -
Nancy S.
"I knew I needed a lawyer but I had no idea where to begin or who to trust." -
Ning Bo
“The professional help we got from Charles Gluckstein and Jane Lou has brought us out of hopelessness."
Case Studies.
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Ms. G v. Pilot Insurance Co., 2008
This is a matter where Mr. G and Pilot insurance went to hearing, appeal or Judicial Review on 9 separate occasions. This is one of the earliest, and most important, cases on catastrophic impairment a...Get More Information -
Aviva Insurance Company of Canada v. Danay Suarez, 2021 ONSC 6200
Steve Rastin successfully intervened on behalf of the Ontario Trial Lawyers Association to the Ontario Divisional Court in this case to prevent a leading automobile insurer from preventing access to b...Get More Information -
Tomec v. Economical Mutual Insurance Company, 2019
Steve Rastin successfully intervened on behalf of the Ontario Trial Lawyers Association in this Ontario Court of Appeal case where the principle that Insurance Litigation is consumer protection litiga...Get More Information -
Soullière v. Robitaille, 2014 ONSC 851
Derek Nicholson won over $9 million in this court decision for clients that were catastrophically injured in a motor vehicle accident.Get More Information -
Largest MVA Settlement in 2013
In January 2013, Derek Nicholson secured the largest settlement in Canadian History at the time. Mr. Nicholson won over $15 million in this court decision for clients that were catastrophically injure...Get More Information -
Younis v. State Farm Mutual Automobile Insurance Company, 2012
Joint cases that were argued before the Ontario Court of Appeal considering the “60 day rule” for required mediations under the Statutory Accident Benefits Schedule. This was a leading case that promp...Get More Information
Team.
Blog & News.
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Experience the Gluckstein Lawyers Difference
At Gluckstein Lawyers, we have proudly served the people of Ontario for over 60 years, dedicating ourselves to providing exceptional legal representation to those who have been seriously injured. Our ...Read Full Story -
Common Types of Cross-Border Injuries
The Canada-United States border is the longest international border in the world with more than 100 land crossings spanning almost 9,000 kilometres.Global Affairs Canada reports that an estimated 400,...Read Full Story -
Snowmobiling Can Be Fun But Be Aware of the Dangers
We live in a country of four seasons and even in winter, when temperatures are biting cold and the snow is flying, Canadians look for ways to enjoy the great outdoors. There are many winter activities...Read Full Story -
Ontario’s Most Dangerous Cities to Drive In
Automobile accidents occur every day in Ontario. And if you are injured due to someone else's actions, you need to see a personal injury lawyer. But what are the most dangerous places in Ontario for d...Read Full Story -
When Do Most Auto Accidents Occur and How Can a Personal Injury Lawyer Help?
With the recent arrival of winter, and the holidays approaching, it is important to keep driving safety a top priority. While we are all looking forward to spending time with family and friends, the w...Read Full Story -
Will Removing Bike Lanes Impact Cyclist Safety?
The bicycle lane debate in Ontario has been contested for decades. Both critics and advocates frequently provide convincing arguments about the necessity for bike lanes, whether they are a truly effec...Read Full Story
Podcasts & Videos.
Guides & Papers.
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Guide
Effectively Navigating Injuries and Disabilities: What Benefits are Available to Employees who have been victims of a Motor Vehicle Accident?
What happens when an injured employee approaches you for advice on how to proceed with benefits? How does the person decide whether to proceed by way of tort claim and accident benefits and/or long te...Continue Reading -
Guide
The Employment Factor: How Motor Vehicle Accident Damages are Influenced and Impacted by Employment Benefits
The fundamental goal of the tort law system is to ensure that a plaintiff be restored to the position s/he would have been in absent the tortfeasor’s negligence.Continue Reading -
Guide
Proving Catastrophic Impairment Pursuant to the Statutory Accident Benefits Schedule: Key Considerations
With the introduction of the “catastrophic impairment” under Bill 59 and Bill 198, further common acronyms for consideration are CAT (short form for catastrophic), CAT DAC (catastrophic determination ...Continue Reading -
Guide
In Search of Deep Pockets: Suing the Broker: Broker’s Negligence from a Plaintiff’s Perspective
Given the changes made to the insurance scheme in Ontario in 2016 and the resulting vast reduction in damages available to be recovered from an insurer, the nature of the practice of insurance law has...Continue Reading
Areas We Serve.
Offices
Locations We Serve
Tell us about your accident or injury. We can help.
At Gluckstein Lawyers, the initial meeting is free and without obligation on your part – and we never charge you legal fees until your claim is settled.