- Do I need to be under continuous medical care to receive long-term disability benefits in Ontario?
- Yes, to qualify for and continue receiving LTD benefits in Ontario, most insurance policies require you to remain under regular, ongoing medical care for your disabling condition. This demonstrates that you are actively seeking treatment and complying with medical advice to improve your health or manage your condition. Get More Information
- How long does it take to resolve a long-term disability lawsuit in Toronto?
- The timeline for resolving an LTD lawsuit in Toronto can vary depending on several factors, including the complexity of the case, the responsiveness of the insurance company, and whether the matter is settled out of court or proceeds to trial. On average, LTD lawsuits typically take 1 to 3 years to resolve. Get More Information
- How is long-term disability insurance different from WSIB benefits in Toronto?
- When it comes to benefits related to disability and workplace injuries, there is often some confusion between Long-Term Disability (LTD) benefits and Workplace Safety and Insurance Board (WSIB) benefits. LTD benefits are insurance payments provided for individuals unable to work due to non-workplace-related illnesses or injuries and are typically included in employee group benefits plans or purchased privately. WSIB benefits are compensation programs administered in Ontario for workers injured or made ill due to workplace-related incidents, offering support without requiring proof of fault. Get More Information
- Is there a maximum amount of long-term disability benefits I can receive in Toronto?
- Yes, there is typically a maximum amount of long-term disability (LTD) benefits you can receive in Toronto, as it depends on the terms of your specific insurance policy. Get More Information
- Can I apply for long-term disability benefits in Toronto if I’m already receiving short-term disability?
- Yes, you can apply for long-term disability (LTD) benefits while you are still receiving short-term disability (STD) benefits. Many disability insurance plans are designed to transition seamlessly from short-term to long-term coverage, ensuring continuous financial support if your condition prevents you from returning to work. Get More Information
- What other expenses are involved in an LTD claim?
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Apart from legal fees, every case requires that the law firm incur certain expenses. Most expenses in an LTD claim are incurred in obtaining necessary information, including medical records, expert assessments, and reports from physicians and other healthcare providers.
Other expenses will include court filing fees, process serving fees, and mediator fees. At the conclusion of a successful claim, we will seek to recover the above-mentioned expenses, known as ‘disbursements’, from the insurer. You will be responsible for the portion of expenses that are not recoverable from the insurer. Those expenses will be charged against your settlement or judgment.
If we are unable to recover compensation for you, you will not be charged expenses.
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- How much will my LTD claim cost me?
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We will make reasonable efforts to resolve your long-term disability claim as quickly and cost-effectively as possible.
Our team of lawyers will review your long-term disability insurance policy when handling your LTD claim. We will also check your collective agreement if you are a union member.
Additionally, we will look at the insurer’s claim file. We will examine the medical evidence and other facts supporting or weakening your long-term disability claim. We will also address the legal issues that need consideration.
You usually pay fees, and applicable HST on fees, after the LTD claim ends. Whether you are required to pay fees will depend on the outcome of your claim. If you recover compensation through a settlement or judgment, a money fund will exist and legal fees will be payable out of that fund. If we are unable to recover compensation for you, no legal fees will be payable.
If you are successful with your claim, the insurance company will pay a part of your legal bill as ‘costs’, effectively reducing the amount of fees that you owe to our firm.
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- What happens if I delay disputing an insurance company’s denial of long-term disability benefits?
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If you wait too long to challenge an insurance company’s denial of your long-term disability benefits, you could lose your right to sue the insurer. This is one reason, among many, why it is essential to contact a lawyer immediately following a denial or termination of benefits.
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- Can a long-term disability insurance company make me see a doctor they choose for a medical assessment?
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Before a lawsuit starts, an insurance company is usually entitled, by the terms of the policy, to request reasonable medical examinations in order to substantiate or refute a claim of disability.
However, this right has limits. You can ask for help in traveling for an assessment. This includes transportation, meal costs, and overnight hotel stays.
Even after a lawsuit begins, the insurance company can set up medical assessments. The Rules of Civil Procedure, which dictate how lawsuits are to be conducted, allow specifically for this.
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- Can I claim punitive damages in an LTD case?
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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.
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- If I start a long term disability lawsuit, will I have to go to court?
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The majority of lawsuits settle without going to court. Settlements, not court trials, are typically the preferred way to resolve LTD claims, wherever possible, because:
- Settlements allow the parties to control the outcome of the case and therefore achieve certainty as to outcome, rather than leaving an uncertain outcome to the courts.
- Settlements can be reached at any time, rather than the parties having to await a potentially costly trial that can be many years away.
- Settlements remove the risk that the losing party will have to pay the winning party a substantial amount of money in legal costs.
One crucial, but often overlooked, reason for settlements is that they can include money for future LTD benefits. Trial judges cannot force an LTD insurer pay benefits for the future. Rather, judges only have the power to order the payment of past LTD benefits and interest if the insurer is found to have wrongly denied benefits. Judges can also order the reinstatement of LTD benefits based on the contract terms. Those terms typically speak only to current, not future, entitlement for which the claimant must continuously qualify.
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- How long do I have to file a lawsuit if my long-term disability claim is denied in Ontario?
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If your insurance company denies your long-term disability benefits claim, you should immediately talk to a lawyer. Most policies require that you bring your objection to the insurer within 30, 60, or 90 days.
Policies may require that a lawsuit for denial of benefits be commenced within a year of the denial. The provincial limitations statute that applies to long-term disability insurance claims, however, will typically allow you up to two years to sue the insurer from the denial date. To avoid a problem in this regard, it is best to consult with a lawyer as soon as you are notified by your long-term disability insurer that your benefits claim is denied or is being terminated.
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- Can I appeal a long-term disability denial on my own, or do I need a lawyer?
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Yes, you can, but doing so may not be a good idea. When an insurance company denies a claim, it will typically inform you of your right to appeal the decision within the insurance organization itself. You will likely be advised to send to the insurer, at your own expense, further information to support your claim, usually medical documentation.
In most cases, unfortunately, internal appeals do not result in insurance companies reversing their decisions to deny benefits. Moreover, the time required to start a lawsuit may begin to run from the date of the insurer’s initial denial, while you pursue the internal appeal process, which may be prejudicial to your rights in the event that your appeal is unsuccessful. It is for those reasons, and potentially other reasons as well, that we generally will not recommend that you pursue an internal appeal.
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- What possible remedies do I have if my LTD benefits get denied?
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LTD lawyers can pursue different remedies for you. These will depend on your particular situation, the LTD contract terms, and what the law allows.
If your insurer denies your LTD claim at the very outset and you do not receive benefits, it must provide you with reasons. We will need to consider those reasons. The same is true if you received LTD benefits for a period of time and the benefit payments were then terminated.
If we have serious questions or concerns about how and/or why the insurer responded to your claim in the way that it did, we will discuss next steps with you. This includes the possibility that our firm will be retained by you to investigate a potential legal claim.
We will inform you if we believe the insurer had a valid reason to deny the LTD claim. We will also let you know if in our opinion the insurer had a valid reason to discontinue your LTD benefits. We may also try to assist by providing helpful advice about any options you may have.
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- What should I do if the system initially rejects my long-term disability benefits?
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LTD insurance companies can immediately reject your long-term disability claim in certain circumstances. The denial may be because of an injury, condition or illness that the insurer does not accept as genuine or as sufficiently supported by medical evidence.
Our long-term disability lawyers are well-suited to step in at this point. We have represented many people throughout Ontario who have struggled with their LTD insurance companies.
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- Will I lose my entitlement to long-term disability benefits if my employer terminates my employment?
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No. Even if your employer ends your job, you may still get long-term disability benefits as long as you continue to meet the eligibility criteria.
In contrast, your right to participate in group benefit plans may end if your employer terminates your employment. However, this is separate from your right to continue receiving long-term disability benefits.
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- Can I apply for disability insurance without a lawyer?
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Yes, you can apply on your own. When you do, however, be certain that your application is supported by strong medical evidence, preferably coming from a medical specialist if possible. If the insurer denies your claim, talk to an experienced lawyer. Getting help from someone experienced is essential. This will allow you to better understand the reason for the denial and, if the lawyer takes your case, the plan will be to examine the shortfalls in your application with a view to building a stronger case.
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- What is the difference between "own occupation" and "any occupation" tests?
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Every long-term disability insurance policy is different in certain respects. Most policies require that you satisfy the requirements of the “own occupation” test in order to qualify for the first stage of benefits.
This stage usually extends over one or two years. You will satisfy the occupation test if you cannot perform most of the essential tasks of your regular job, and there is sufficient medical evidence to support your claim in that regard.
After one or two years, the test to qualify for long-term benefits usually changes, and the requirements to satisfy this stage of benefits will depend on the particular policy. Insurance companies call this the “any occupation” test.
You may still receive benefits if you can prove, with sufficient medical evidence, not only that you cannot do your own job but also any other job for which you might be suitable by reason of your education, training, or experience.
It is not uncommon for claimants to lose their benefits when the policy changes from the "own occupation" to "any occupation” stage. It is essential to speak to a lawyer as soon as you receive notification for your disability insurer that your benefits are being terminated because you do not satisfy the requirements under the “any occupation” provisions of your policy.
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- Do my long-term disability benefits also cover things like medications and dental treatment?
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Most insurance companies do not pay such additional benefits under a long-term disability plan. However, your employer’s group benefits plan will often cover eligible drugs and dental. If you are off work for a lengthy period or time, your employer may stop your coverage or ask you to pay or contribute to the premiums. If your employment ends, you may lose these benefits unless extended by arrangement with the employer.
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- Is long-term disability insurance the same as employment insurance (EI) sick benefits?
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No, it is not. Employment insurance is a short-term program for people who have paid into it. It helps those who cannot work because of an injury or medical issue.
The “waiting period” for long-term disability insurance is the period of time that you must wait in order to receive long-term disability benefits. This period is often several months and will vary by policy. Moreover, long-term disability plans may cover you for many years and often provide coverage through age 65.
Employment Insurance has a two-week waiting period. EI sickness benefits may be available up to 26 weeks for financial assistance if you cannot work for medical reasons. As it currently stands, you may be eligible to receive 55% of your earnings up to a maximum of $695 per week.
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- Is long-term disability insurance the same as the Canada Pension Plan Disability?
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No, long-term disability insurance, usually provided through private insurers, is not the same thing as the Canada Pension Plan disability insurance. Private insurance companies typically pay benefits based on a set percentage of your wage while disabled.
The federal government offers the Canada Pension Plan (CPP) disability insurance program. The benefit amount will depend upon the period of time over which you have paid into the CPP program, in addition to meeting the CPP disability criteria.
To qualify for CPP benefits, you must prove a mental or physical disability. The disability must prevent you from doing the essential tasks of your employment, and must be considered severe and prolonged.
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- How long do I have to file a lawsuit after an airplane crash?
- After a plane crash, victims typically have up to 2 years to file a lawsuit, though this may differ by province. Get More Information
- When should I file an injury claim after a plane accident?
- You typically have two years from the accident to file a plane injury claim, though this varies by province. If the accident was concealed, the period starts upon discovery. Ultimate limitation deadlines are 10 years in Alberta, 15 in British Columbia and Ontario, and 30 in Manitoba. Get More Information
- What types of compensation are available after an aircraft accident?
- Victims of airplane accidents may receive compensation for medical expenses, lost income, pain and suffering, and other damages. For fatal accidents, this may include funeral costs and loss of companionship. Get More Information
- Who can be held responsible for an airplane accident?
- Responsibility for an airplane accident can rest with multiple parties, such as the airline, the aircraft manufacturer, maintenance providers, or air traffic control. Get More Information
- What should I do if I or a loved one has been involved in an airplane accident?
- If you or a loved one has been in an airplane accident, prioritize immediate medical care, report the incident to the Transportation Safety Board of Canada (TSB), and consult an aviation lawyer to explore your rights and potential compensation. Get More Information
- What are some examples of airplane accidents that can cause injuries?
- Under personal injury law, plane accidents can involve crashes, mid-air collisions, or incidents on the ground. Injuries may result from turbulence, hard landings, fires, slips or falls, or violence caused by unruly passengers. Get More Information
- What are the potential causes of plane accidents?
- Aviation accidents stem from various factors, with pilot error being most common. Other causes include weather, equipment failure, maintenance issues, and airline negligence. Get More Information
- How do I start a Depo-Provera lawsuit?
- To begin, contact the experienced team at Gluckstein Lawyers for a free consultation. Our lawyers will review your medical history and Depo-Provera use to assess whether you may be eligible to file a claim. Get More Information
- Are meningiomas linked to Depo-Provera treatable?
- Meningiomas are generally treatable, but it's important to consult a healthcare provider for advice tailored to your situation. Treatment options may include monitoring, surgery, or radiation therapy. However, some patients may experience long-term effects even after treatment, which can be an important factor when pursuing compensation. Get More Information
- What should I do if I think my brain tumour is linked to Depo-Provera?
- First, consult your healthcare provider to address your symptoms and ensure proper medical care. Next, collect your medical records and prescription history for Depo-Provera. An experienced lawyer can review this information to determine if there is a connection between your condition and Depo-Provera use. Get More Information
- What is the deadline for filing a lawsuit related to Depo-Provera?
- Lawsuits for drug-related injuries, like those involving Depo-Provera, are subject to statutes of limitations, which may differ by province. The countdown typically begins when you are diagnosed with a tumour or when the condition can reasonably be linked to Depo-Provera. Get More Information
- What compensation can you claim in a Depo-Provera lawsuit?
- In a Depo-Provera lawsuit, compensation may include coverage for medical expenses (both past and future), lost wages, and non-economic damages such as pain and suffering. If the condition has caused significant or permanent impairment, you may also be entitled to compensation for a reduced quality of life. Get More Information
- Am I eligible to file a Depo-Provera lawsuit?
- Depo-Provera lawsuit eligibility usually requires a history of using the drug and a subsequent diagnosis of meningioma or symptoms indicating tumuor growth. Factors such as dosage, duration of use, and timing of the diagnosis can affect your case. Get More Information
- What symptoms should I watch for after using Depo-Provera?
- If you've taken Depo-Provera, watch for ongoing symptoms like severe headaches, vision changes, balance problems, memory issues, or hearing loss. These may signal pressure on the brain from a meningioma. Get More Information
- How are meningiomas related to Depo-Provera?
- Research suggests that the hormonal components of Depo-Provera may be linked to a higher risk of developing meningiomas, especially with long-term or high-dose use. However, not everyone who uses Depo-Provera will experience this risk. Get More Information
- What are meningiomas?
- Meningiomas are tumours that develop on the membranes surrounding the brain and spinal cord. Although most are non-cancerous (benign), they can grow large enough to cause significant symptoms and may need to be removed through surgery. Get More Information
- 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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- What is Hypoxic Ischemic Encephalopathy (HIE)?
- Hypoxic Ischemic Encephalopathy (HIE) is a brain injury caused by oxygen deprivation (hypoxia) and reduced blood flow (ischemia) to the brain, typically occurring around the time of birth. HIE can be caused by factors such as complications during childbirth, umbilical cord issues, placental abruption, maternal infections, fetal distress, or other conditions that restrict oxygen supply to the baby's brain. Get More Information
- What are the long term effects of birth injuries?
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Birth injuries can have lasting effects on a child's health and well-being, leading to various long-term consequences such as:
- Physical Disabilities: Birth injuries like cerebral palsy, Erb's palsy, or brain damage can result in long-term physical disabilities that may affect mobility, coordination, and overall physical function.
- Cognitive Impairments: Some birth injuries can impact cognitive development, leading to learning disabilities, developmental delays, or intellectual impairments that persist into adulthood.
- Emotional and Behavioral Challenges: Children who experience birth injuries may face emotional and behavioral challenges such as anxiety, depression, attention deficit hyperactivity disorder (ADHD), or other mental health conditions.
- Chronic Health Conditions: Certain birth injuries may predispose individuals to chronic health conditions like epilepsy, respiratory problems, vision or hearing impairments, and other ongoing medical issues.
- Social Impact: Birth injuries can influence social interactions and relationships, potentially leading to feelings of isolation, difficulties forming connections, or challenges in social integration.
- Educational Needs: Children with birth injuries may require specialized educational support, individualized learning plans, or assistive technologies to accommodate their unique needs and facilitate academic progress.
- Financial Burden: The long-term effects of birth injuries can impose a significant financial burden on families due to healthcare expenses, therapy costs, assistive devices, and ongoing care requirements.
Understanding the potential long-term effects of birth injuries is essential for parents, caregivers, and healthcare providers to ensure early intervention, appropriate treatment, and necessary support to help children thrive despite the challenges they may face. If you suspect that your child has suffered a birth injury, seeking medical evaluation and legal guidance promptly can help address the long-term implications effectively.
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- Who can be sued for a birth injury caused by medical negligence?
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In cases of birth injury resulting from medical negligence in Ontario, various entities may face legal action, including:
- Healthcare Providers: This category encompasses obstetricians, midwives, nurses, and other healthcare professionals directly engaged in prenatal care, labor, or delivery services.
- Hospitals or Medical Facilities: The institution where the birth injury occurred could be deemed liable, particularly if their policies, practices, or inadequate equipment contributed to the negligent circumstances.
- Medical Staff: Individual healthcare workers whose actions or oversights led to the birth injury can be held accountable.
- Pharmaceutical Companies: If medication or medical devices played a role in the birth injury due to defects or improper use, pharmaceutical companies might be implicated in the legal proceedings.
- Third Parties: External entities such as medical equipment manufacturers, maintenance contractors, or other involved parties in the birthing process that contributed to the negligence leading to the birth injury.
To ascertain responsibility in cases of birth injury caused by medical negligence, a comprehensive investigation, legal acumen, and collaboration with medical experts are essential. If you suspect that your child has suffered a birth injury due to medical negligence, seeking guidance from a specialized birth injury lawyer in Ontario is recommended. They can assess your situation, identify the responsible parties, and assist you in navigating the legal process to pursue rightful compensation
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- Why should I hire an Ontario birth injury lawyer?
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Hiring a birth injury lawyer in Ontario can be crucial for several reasons:
- Legal Expertise: Birth injury cases can be complex, and an experienced lawyer specializing in this area understands the laws and regulations specific to birth injuries.
- Maximizing Compensation: A skilled lawyer can help you seek the maximum compensation you deserve for medical expenses, ongoing care, pain and suffering, and other damages.
- Investigation and Evidence Gathering: A lawyer can conduct a thorough investigation, gather evidence, and consult with medical experts to strengthen your case.
- Navigating the Legal Process: The legal process can be overwhelming, but a lawyer will guide you through each step, ensuring your rights are protected.
- Peace of Mind: By entrusting your case to a knowledgeable lawyer, you can focus on your family while knowing that your legal matters are in capable hands.
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- What is the deadline for filing a birth injury claim?
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In Ontario, there are limitations on how long you have to file a birth injury lawsuit, known as the statute of limitations. It's crucial to consult with a lawyer promptly to understand your legal options and ensure timely action is taken to protect your rights.
For personalized guidance on your specific situation, we recommend reaching out to a reputable birth injury lawyer in Ontario for a consultation.
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- What type of cases do birth injury lawyers take on?
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Birth injury lawyers in Ontario handle a wide range of cases, including but not limited to:
- Cerebral Palsy
- Erb's Palsy
- Brachial Plexus Injuries
- Brain Damage
- Shoulder Dystocia
- Hypoxia
- Bone Fractures
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- What is a birth injury lawyer?
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A birth injury lawyer is a legal professional who specializes in cases where an infant has been injured during the birthing process due to medical negligence or malpractice. These lawyers have a deep understanding of the complex medical and legal issues involved in birth injury cases and work to help families receive compensation for the physical and emotional damages suffered. Birth injury lawyers can assist with cases involving various types of birth injuries.
If you're considering a medical negligence lawsuit following a birth injury, a specialized lawyer in this field can provide meaningful advice and direction after reviewing the medical records and the specifics of the case.
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- What Are My Legal Options if My Municipality’s Water Supply Is Contaminated With PFAS?
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If your municipality's water supply is contaminated with PFAS, you may have several legal options to seek compensation, remediation, or injunctive relief from the parties responsible for the contamination.
Potential defendants may include the manufacturers of PFAS, such as 3M and DuPont, the users of PFAS, such as military bases, airports, and industrial facilities, and the entities that disposed of PFAS, such as landfills and wastewater treatment plants.
Some of the potential causes of action may include negligence, nuisance, trespass, strict liability, breach of contract, and violation of federal or state environmental laws. Potential remedies may include monetary damages, medical monitoring, cleanup costs, injunctive relief, and punitive damages.
However, pursuing legal action against PFAS polluters can be complex, costly, and time-consuming, and may involve multiple jurisdictions, statutes of limitations, and evidentiary issues.
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- How Can I Find out if My Municipality’s Water Supply Is Contaminated With PFAS?
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The best way to determine if your water supply is contaminated with PFAS is to test it. You can contact your local environmental agency, or a certified laboratory, to conduct the testing.
You can also check the Federal Contaminated Sites Inventory website for a list of public water systems that have reported PFAS detections.
If you suspect that your water supply is contaminated with PFAS, you should notify your residents and advise them to use alternative sources of water for drinking, cooking, and brushing teeth, such as bottled water or filtered water.
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- What are PFAS and Why Are They a Problem?
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PFAS are a group of synthetic chemicals that have been widely used in various industries and consumer products since the 1940s. They are also known as "forever chemicals" because they do not break down easily in the environment or the human body.
PFAS can contaminate drinking water sources, soil, air, and food, and can cause adverse health effects such as cancer, liver damage, immune system disorders, and developmental problems. They are regulated by the Environmental Protection Agency (EPA) under the Safe Drinking Water Act, but the current standards are not legally enforceable and may not be protective enough for public health.
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- What constitutes teacher sexual abuse?
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Teacher sexual abuse involves any form of sexual misconduct, harassment, or exploitation perpetrated by a teacher towards a student. This can include inappropriate behavior, grooming, assault, or any unwanted sexual advances.
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- Can schools be held liable for teacher sexual abuse?
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In some cases, a school board may also be found vicariously liable for sexual abuse committed by a teacher (i.e. the school board would be held responsible for the misconduct and abuse committed by the teacher, even if the school board did not know of the abuse.)
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- If I'm a member of the Crown Ward Class Action case, can I still sue for the sexual abuse I suffered while in the care of Children's Aid?
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Yes, you can. Since the Crown Ward Class Action case is only against the Ontario government for its failure to pursue legal action, you are still able to sue Children's Aid for the sexual abuse that happened to you while in its care.
You might be entitled to compensation through both the class action as well as your individual lawsuit. One does not prevent the other.
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- What Happens if I Get Into a Cross-Border Motor Vehicle Accident?
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Your insurance coverage extends to the U.S. Under the terms of your valid Ontario automobile insurance policy, you have the same protection if you get into an a cross border accident in Niagara Falls, N.Y., as you have if that collision had occurred in Niagara Falls, Ont.
If you get into an accident with an at-fault, underinsured driver in Ontario, you are entitled to make a claim and bring a lawsuit against your insurance provider under the OAP-1 and OPCF-44 provisions discussed above. The same thing applies if that accident occurs in the United States.
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- Can I sue if there were no witnesses?
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Yes. We will work with you to establish and build your credibility and use other evidence to support facts that are important to your story.
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- If I received settlement money from the class action, can I still file an abuse claim?
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Yes. The class action is solely related to cultural losses, not individual losses, or harm from physical, emotional, or sexual abuse.
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- Can I sue if my abuser has passed away?
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Yes, under certain circumstances. If the abuser’s death occurred within the past two years you are still eligible to launch a claim against their estate. You may also sue at any time if an institution was involved. If the abuser was someone other than a survivor’s parents, a lawsuit is often still possible, but there may be more complications.
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- Can I pursue a civil claim if the police were not notified of the abuse or if a criminal case was dismissed or resulted in a not guilty verdict?
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Yes. Civil abuse claims are distinct from criminal proceedings. The burden of proof is lower in a civil lawsuit than it is in criminal court.
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- If the abuse happened a long time ago, can I still sue?
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Yes. There is no statute of limitation for harms caused by sexual assault, abuse of a minor, or sexual misconduct involving a minor. Historical sexual abuse cases can still succeed even if they happened many years ago. Our firm has represented many survivors who were abused decades ago.
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- Who determines if an incident involving a surgical implant should be reported?
- To determine whether an incident is reportable, Health Canada states it must meet the following three criteria: First, a malfunction or failure of an implant occurs in real world use or through information from device testing performed by the manufacturer, user or other party. Second, a reasonable assessment determines the device likely caused or contributed to the incident. Third, the incident leads to the actual or potential death or serious deterioration in health of a patient, user or other person. Get More Information
- Who is responsible for tracking incidents linked to surgical implants?
- Once surgical implants are approved for use, Health Canada conducts post-market inspections and monitoring. Recent changes to medical device laws mandate that hospitals and healthcare facilities must report serious incidents to the ministry. However, manufacturers remain primarily responsible for reporting incidents involving their surgical implants. Get More Information
- Are surgical implants safe?
- While there are inherent risks with any surgical procedure, on the whole, most surgical implants have benefits that outweigh the anticipated risks for a given patient. A patient and their doctor would determine if a surgical implant is the right option after the patient is informed of the benefit of the surgery and all known or potential risks that come with the surgery and the medical device. Prior to recent changes to the medical device approvals and monitoring process, however, an unfortunate number of defective surgical implants were permitted for use. Many of these implants remain inside people and have unreasonably high risk of causing harm of death. Although hospitals are now required to track certain implants in order to communicate information about recalls directly to affected patients, if you believe your surgical implant is defective in some way you should consult government sources for ant recall information, make your medical provider or surgeon aware of your concerns, and contact an experienced personal injury lawyer if you have experienced injury or loss related to an implant. Get More Information
- What are some examples of surgical implants?
- Some common surgical implants include: cardioverter defibrillators and pacemakers; coronary stents; insulin pumps; gastric stimulators; artificial hip, knee, shoulder, elbow, wrist, finger and toe joints; phakic intraocular lenses; breast implants; penile implants; cerebral spinal fluid shunt systems; metal screws, rods, pins and plates; artificial discs; intrauterine devices; cochlear implants; and hernia and trans-vaginal mesh. Get More Information
- What are surgical implants and what functions do they have?
- Surgical implants are usually defined as medical devices manufactured from metals, plastics, ceramics, and biomaterials in contrast to transplants which use biomedical materials (living tissues, organs and bone grafts). Surgical implants can provide support to existing tissue and organs, act as prosthetics (replacement body parts), deliver medication, or monitor body functions. Get More Information
- What should you do if you are affected by a product recall?
- If you learn you possess or used a recalled product, the government recommends: following the recall notice’s instructions and/or contacting the manufacturer; keeping the product unless advised by the manufacturer or government regulatory body to dispose of it; preventing anyone else from using or being exposed to the product; and monitoring the recall process by using the government’s recall notification system. If you suffered a personal injury, property damage or another tangible loss from using or being exposed to the recalled product, you should also contact an experienced product liability lawyer. Get More Information
- I suffered an injury while using a product that had already been recalled. Am I still able to make a claim?
- Likely, yes. If you were seriously injured by a product that had been the subject of a recall and you were not aware of the recall, you may have an actionable claim. If you were aware of the recall or ought to have been aware of the recall based on the steps the manufacturer or regulator took to communicate with expected users, you may have more difficulty making a claim because the defendant will likely argue you showed contributory negligence by using the product after you were warned about a danger. If the person responsible for a product was aware of a recall notice and allowed it to be used by another person without informing them of the possibility of a danger or defect, they may share in liability over any damages. Get More Information
- If I own or use a recalled product, am I able to sue for damages?
- Not always. A product recall in itself is not sufficient grounds to launch a claim against a product’s manufacturer, even though a recall notice can be used to help a court infer that a product is defective or a safety risk in a lawsuit. To have an actionable claim against a manufacturer a person must demonstrate that the product’s maker breached a duty of care (in contract or in law) owed to consumers and that this breach caused tangible damages. Get More Information
- What government ministries and agencies are responsible for handling recalls?
- Some recalls are done independently of government regulators and handled entirely by the manufacturer or through a voluntarily arrangement with a regulator. Otherwise, Health Canada is responsible for ensuring the safety of most consumer products and overseeing recalls related to these products. Transport Canada is responsible for overseeing recalls related to motor vehicles and parts and child restraint systems. The Canadian Food Inspection Agency is tasked with food products safety. Get More Information
- What event would prompt a product to be recalled?
- The decision to launch a recall usually comes after one or more of the following events: post-market testing by a manufacturer; consumer complaints about a product; reports of consumer injuries, illnesses or deaths linked to the product; recalls of the product in other markets; and/or government inspections. Get More Information
- What types of corrective actions could be part of a product recall?
- Depending on the severity of the defect, the recall notice may offer an advisory for how to use the product safely, a process to fix the defect, or steps a consumer can take to exchange or replace the defective product. In other cases the notice will outline plans to remove the product from the market. A recall may cover all distributed products or be limited to a particular batch of products or products produced during a certain time period. Get More Information
- How would I know if my medical device malfunctioned?
- If you experienced an unanticipated adverse medical outcome, it is worth your time to investigate the cause. If there is a possibility a medical device caused or contributed to the outcome a personal injury lawyer may be able to review your medical records with a medical expert to determine if there may be a link. If a medical device you have used has been the subject of a recall notice and information in this notice advises that you seek further medical attention or watch for symptoms that may be related to device malfunctions or failures, you should also consult a lawyer to review whether you have an actionable claim. Get More Information
- What are some examples of medical devices that have malfunctioned?
- Gluckstein Personal Injury Lawyers has launched claims on behalf of many clients who have experienced medical device malfunctions or failures, including numerous class action and mass tort proceedings. Some examples of medical device malfunctions we have investigated include: the DePuy Attune Knee System, the ExploR Modular Radial Head System, and the Advanced Bionics Cochlear Implant. Get More Information
- How are medical devices approved for use and monitored for safety?
- The approval process varies by medical device class. Licensing applications for higher risk devices (Class III and IV) must provide evidence of their clinical effectiveness, including clinical trials and reviews, meta-analyses and real-world evidence reviews. To be licensed, a medical device’s risks must be mitigated as much as possible and the regulatory agency must determine the benefits of its use outweigh any remaining risks. Post-licensing monitoring includes: inspections, reports noting information that may change the devices expected risks and benefits, and compiling information on recalls, complaints and problem reports from a variety of consumer and medical sector sources. Both manufacturers and Health Canada have responsibilities to monitor medical devices that have been approved for sale and distribution. Get More Information
- Why do medical devices have different classifications?
- Medical devices vary greatly and each device is given one of four classifications by Health Canada based on the anticipated risk to a person’s health and safety. Class I medical devices (a wheelchair) are low risk, while Class IV medical devices (a defibrillator) pose the highest risks. Class II and higher devices must obtain a medical devices licence before they can be sold in Canada. A second type of licensing (medical device establishment licence) is required for companies to import (Class I to IV), distribute (Class I to IV) or manufacture (Class I) medical devices. Get More Information
- What are medical devices?
- Medical devices are any instrument or component used to mitigate, treat, diagnose or prevent a disease or abnormal physical condition. Get More Information
- Should I participate in a class action or mass tort against the manufacturer of a recalled drug?
- An experience personal injury lawyer can explain the benefits and risks of participating in a class action lawsuit or mass tort if you a a member of an eligible class so that you can make an informed decision. Get More Information
- How can a product liability lawyer help if I believe I or a loved one has been harmed by a recalled drug?
- If you believe you or a loved has suffered a serious or fatal injury that may be linked to a recalled drug or if the drug recall notice suggests you may be at risk of future harm, a knowledgeable, skilled and experienced personal injury lawyer can launch a preliminary investigation into the circumstances around your case. If there is sufficient evidence to argue you or your loved one has suffered damages or losses linked to the recalled drug, the product liability lawyer may be able to help you make a claim for compensation. Get More Information
- What should I do if I am taking a recalled drug?
- Medical professionals advise to keep taking prescription medications that are the subject of recalls until you are able to speak with your doctor, the medication’s prescriber and/or your pharmacist. Some medications may produce withdrawal symptoms if stopped suddenly. Moreover, if the medication is treating a serious health condition, your doctor may want to transition you onto another medication to manage your condition. However, you should stop taking non-prescription (over-the-counter) recalled drugs immediately. Securely store unused medication until you are able to dispose of it according to the instructions in the recall notice or return it and any packaging or proof-of-purchase documents to the place where it was sold. Get More Information
- What are some examples of large-scale drug recalls
- The most well-known drug recall in Canada was thalidomide. Although this drug was known to cause severe birth defects, it received approval for sale in Canada and recall notices were issued months after similar recalls had been introduced in European countries. Other more recent well-known and wide-ranging drug recalls include blood pressure medications containing sartan (due to the presence of a cancer-causing impurity) and Vioxx and Bextra (arthritic drugs that were linked to fatal heart attacks, strokes and serious skin conditions). Get More Information
- Why are some drugs recalled?
- Drugs are generally recalled from the marketplace when the manufacturer or regulator discovers defects make them unreasonably dangerous. Defects can occur at the design stage (insufficient testing for harmful side effects or curative properties or falsified test results), during the manufacturing process (impurities, incorrect ingredients, or improper dosing), or during distribution (improper handling/storage guidelines, labelling or marketing). Recall notices may cover entire classes of drugs or only certain batches of drugs produced. The level of assessed risk of the defect will determine the scope of the recall and how it is communicated to people deemed to be at risk. Get More Information
- What types of drugs can be recalled?
- Both prescription and non-prescription (over-the-counter) medications are subject to recalls by either their manufacturer and/or Health Canada’s Health Products and Food Branch. Get More Information
- How does a plaintiff show they are owed damages under contract law and tort law relating to a defective product?
- For a claim through contract law, the plaintiff must prove they entered into the contract with the defendant and the enforceable terms of the contract or the product’s warranty were breached. A prospective tort claim plaintiff must show: they were owed a duty of care by the defendant with respect to the product; the product, in its design, manufacture, marketing or use was defective or unreasonably dangerous; the product’s defect caused or contributed to harm and tangible damages of a person or their property; and, these damages were reasonably foreseeable. Depending on who is named as the defendant, the prospective plaintiff must also prove the defect or flaw was either known by the defendant or the plaintiff’s negligent actions or inaction caused or contributed to the defect or flaw. The flaw also must be present at a time the defendant had responsibility for or control over the product. Get More Information
- What laws provide for liability claims related to products?
- Generally a plaintiff would use contract law or tort law (common law) to make a claim for compensation. Certain products must also meet specific requirements under government regulations. Showing products did not conform to these regulations may help a plaintiff argue the product was unsafe or unreasonably dangerous. Get More Information
- How could a manufacturer or distributor open themselves to liability if their product causes losses or damages to a person or their property?
- There are three categories of product defects which may open a manufacturer or distributor to liability: design defects (problems introduced before a product is manufactured), manufacturing defects (errors or impurities introduced when the product is built or produced), or marketing defects (a failure to properly label a product, warn users of dangers, or provide instruction for safe use). Products may also become defective after manufacturing and distribution if they are damaged through improper storage or poorly maintained. In these cases a manufacturer or distributor may share in liability with another negligent person if they could have reasonably prevented this damage through proper warnings. Get More Information
- If a product carries inherent risks and I'm injured, would I be able to sue for damages?
- A product may carry certain inherent risks or defined risks that have been specified by the manufacturer, safety agencies, distributors or owners. Injuries related to these risks, if properly understood by and communicated to the end user, would not generally result in liability on the part of the products manufacturers, distributors or regulators. However, even when a product user knowingly and willingly assumes a level of risk by using a product, it does not mean any and all harm caused by the product is deemed acceptable by the law. Get More Information
- What are defective products?
- Generally, the law defines a defective product as one that falls short of reasonable standards to the point where it is unreasonably dangerous to the user, consumer, or their property. Get More Information
- What are the most common causes of injury-causing accidents involving trains?
- While there can be many causes of train accidents, the most common reasons for injury-causing accidents include: negligence of train operators and railway staff (failure to adhere to the proper process, inattention, intoxication, speeding); reckless motor vehicle drivers, cyclists, and pedestrians who trespass or cross tracks at unsafe times; stalled vehicles on tracks; unprotected rail crossings or defective safety features at crossings (lights, bells, crossing arms); mechanical failures and/or defective tracks; derailments; and suicide. Get More Information
- How common are train accidents in Canada?
- Recent statistics show about 1,000 accidents per year across Canada. Freight trains accounted for just under 40 per cent and single cars/locomotives and track units accounted for just under 60 per cent. The remainder, about four per cent, involved passenger trains. About one in six accidents occurred at rail crossings. Two-thirds of rail fatalities (approximately 60 to 70 annually) are the result of trespassing, while about one in four are crossing fatalities. Get More Information
- What are the types of heavy rail transportation systems in Ontario?
- In southern Ontario’s Golden Horseshoe region, GO Transit operates seven heavy rail commuter transit routes. The Union-Pearson (UP) Express is a 23-kilometre long airport rail link between Union Station and Toronto Pearson International Airport that is classified as a heavy rail system. Via Rail is a Crown corporation designed to facilitate inter-city travel across Canada, including routes along the Windsor-Ottawa corridor and some routes reaching the northwestern portions of the province. Two national railway companies, the Canadian National (CN) Railway and the Canadian Pacific (CP) Railway, and an additional 17 other rail companies operate routes either within Ontario or between provinces including Ontario. Passenger service on these systems is generally limited and most of these trains are used for freight service. Get More Information
- What does heavy rail mean?
- Heavy rail transit is usually defined as inter-city rail transit where there are dedicated right of way tracks. Get More Information
- Are there deadlines when seeking compensation for subway, streetcar or light rail accidents?
- If applicable, an application for SABS can be made through your own motor vehicle insurance provider or the provider of a motor vehicle driver involved in the collision. You must begin the SABS application process within 30 days of the accident. Anyone seriously injured in a subway, streetcar or light rail accident in which they were not at fault or only partially at fault can make a claim for damages against the at fault or negligent party/parties. It is important to know that while generally you have two years from the time of the accident/injury to file a claim for damages, if a claim is made against a municipal government or transit authority, notice of claims are required to be filed within 10 days. Get More Information
- What are some common types of injuries sustained in subway, streetcar or light rail accidents?
- Common injuries from these types of accidents include: traumatic brain injuries, whiplash, sprains and strains, spinal cord or other nerve damage, fractures, cuts, bruises, or scarring. Get More Information
- What types of accidents can occur on subways, streetcars and light rail transit?
- People may fall or be pushed onto subway tracks, be hit by vehicles when entering or exiting a streetcar or street-level LRT vehicle, be injured if doors close too quickly on a rider, slip and fall on the vehicle itself or platform/transit shelters, fall or suffer trauma when bracing themselves during a sudden stop, injured themselves due to hazards on poorly maintained vehicles or platforms, through physical altercations between passengers, or through collisions with other vehicles or stationary objects. Get More Information
- What Ontario communities have subway, streetcar and light rail systems?
- Larger urban environments in southern and eastern Ontario have developed or are in the process of developing transit systems employing subway (heavy rail and light metro rail), light rail, and streetcar technology. These communities include: Ottawa, Toronto, Kitchener-Waterloo Region, Peel Region, and Hamilton. Get More Information
- Am I able to make a claim for damages if the bus accident was not my fault or only partially my fault?
- If you were not at fault for the accident or only partially at fault, you may be able to file a tort claim for damages. Transit riders injured in bus accidents that do not involve a collision are no longer eligible for SABS and must file a tort claim for compensation. Anyone else involved in a bus accident may make a claim for compensation to supplement SABS. While there is a general deadline to file a claim within two years of the accident (or within two years of being reasonably aware of your injury), notice of claims against a municipality or Ontario’s Ministry of Transportation must be submitted in writing to the appropriate office within just 10 days of the accident, unless a person’s injury reasonably prevents them from being able to file within that period or another factor alters the timelines established by the law (for example, passengers under the age of 18). Get More Information
- Do I qualify for the Statutory Accident Benefits Schedule (SABS) if I was involved in a bus accident?
- Anyone involved in a collision involving a bus or other motor vehicle in Ontario is eligible to receive SABS. However, the provincial government made changes to the Insurance Act designed to eliminate SABS for public transit riders who are injured if the accident does not involve a collision with an object or other vehicle. Section 268(1.1) of the Insurance Act prevents applications for SABS against either the transit authority’s insurance policy or a rider’s own vehicle insurance. Get More Information
- What are some common causes of bus accidents?
- Bus accidents may be the result of driver inattention or distraction, driver fatigue, speeding and/or dangerous driving, sudden stops or swerves to avoid hazards, influence of alcohol or drugs, poor road conditions, vehicle disrepair/malfunction, hazards on the bus (slippery floors, uneven flooring, falling objects, doors closing prematurely), physical contact (intentional or unintentional with other passengers), verbal abuse or harassment by passengers or the driver. Get More Information
- What are some types of bus accidents that can cause injury?
- Bus accident injuries can occur as a part of a collision (with another vehicle, road user or stationary object), a rollover, erratic driving or swerving, slip and falls, or through incidents (including physical altercations or other abuse) with passengers or the driver. Get More Information
- Who is liable for summer camp accidents?
- If a camp counsellor, supervisor or an organization responsible for the camp has been negligent, breached their duty of care, and the harm done was foreseeable, they should be held liable for damages the camper suffered. However, prior to enrolling a child, many camps require parents or guardians to sign waivers designed to release camp operators and staff from liability for their negligent actions or inaction. Get More Information
- What are some ways camp organizers fulfill their duty of care to campers?
- Camp organizers are expected to: train and vet staff who will be working with children; institute a safe staff to camper ratio; make reasonable efforts to monitor children; teach or train children if they are to engage in activities that require special skills to do safely; provide children with any safety equipment they need for activities; and ensure the facilities and the property is reasonably safe to use. Get More Information
- What are some responsibilities of camp operators and what laws apply?
- The people supervising campers function “in loco parentis,” or in place of the parent - similar to the role of teachers and principals at schools. Under common law, camp counsellors and their supervisors owe a duty of care to these young participants that is comparable to that of a prudent and careful parent. Camp operators are also bound by the Occupier’s Liability Act to keep these children and other visitors reasonably safe from harm while they are using camp facilities or the camp property generally. Get More Information
- What are some examples of injuries that may occur at summer camp?
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Potential camp accidents and injuries include:
- slips, trips and falls
- sports accidents
- near drownings
- severe allergic reactions
- defective product and equipment injuries
- unaddressed harassment
- physical assaults
- sexual assaults or abuse
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- Why should you consult a pediatric injury lawyer following a sports injury or accident?
- A pediatric injury lawyer can help you to understand your various options when your child has been hurt. Experienced lawyers can be especially helpful when there may be complications such as waivers that act as bars to a claim. Get More Information
- If I signed a waiver on behalf of my child that releases a sport organizer from liability for injuries my child may sustain, can I still make a personal injury claim for compensation and damages for their injuries?
- Many people wrongly believe that if they signed a waiver prior to engaging in a sporting activity they cannot sue an organizer or operator for damages. This is not true. A comprehensive, well-worded liability waiver that has been adequately explained and brought to the attention of a participant can be a very difficult bar to overcome in a personal injury lawsuit. However, courts will examine the waiver in the context of the specific facts of the case to determine if it is enforceable. Get More Information
- Can a child be held liable for injuring another child while playing a sport?
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A child who injures another child during the course of play may bear some liability for the injury depending on the circumstances. In these instances, sometimes an injured party can make a claim on the child’s parents’ home insurance or general liability insurance policy.
However, courts will consider the age of the participants, whether the injury occurred from activity outside normal or “fair” play or by intentionally disregarding rules, and whether the child received adequate training, instruction and supervision prior to being permitted to play. Adult organizers, therefore, may share liability or be completely liable for the injury if their negligence or recklessness put participants in an unsafe situation.
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- Why might children be more prone to injury when first trying out a sport?
- Although a sports accident can happen to people of all skill levels, including professional athletes, children who are participating in sports and sporting activities are often novices who are in the process of learning the rules of the game and may not be as familiar with techniques and strategies to reduce the likelihood of common sports injuries. Children are also not expected to be as careful as a reasonable adult would be in the same situation. As a result, it is very important for instructors, coaches and sports organizers to spend time teaching young players how to keep themselves as safe as possible. Get More Information
- What are some common sports accidents and injuries?
- An awkward landing from a fall, a collision between players, or unexpected contact with sporting equipment such as balls, bats, or stationary items can all lead to injuries, including: muscle tears, sprains and strains; torn ligaments and tendons; accidental blows to the head resulting in traumatic brain injuries (TBIs); bone fractures; dislocated joints. Get More Information
- Why should you consult a pediatric injury lawyer following a school injury or accident?
- Serious injuries can be life-altering events - especially for young people with so much of their life ahead of them. An experienced pediatric injury lawyer can help you determine if you're eligible to claim benefits, compensation and/or damages for your child's injuries that will assist in their recovery and healing journey. Get More Information
- Who is accountable for school accidents?
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Teachers are responsible for carrying out reasonable safety measures and protocols, maintaining order and discipline of students under their care in the classroom and other areas of the school grounds, and perform their expected supervisory roles.
Principals must manage the school (including staff such as education support workers) and its activities in a way that adequately supervises and disciplines students.
School boards must ensure schools under their direction adhere to the rules and regulations outlined in the Education Act and take care to maintain school premises in accordance with the Occupier’s Liability Act’s standard of reasonable safety.
If any of these individuals or entities are negligent when carrying out these duties, they may be held liable for a student's injuries.
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- What are some responsibilities of schools and what laws apply?
- Specific duties owed to students in terms of safety are included in the Education Act and its regulations. However, school boards and staff are also bound by the Occupiers’ Liability Act and common law precedent. Get More Information
- What should you do if you suspect your child has been injured or harmed at school?
- After seeking medical attention for any acute injuries, it is advisable to speak with a child injury lawyer to discuss the circumstances behind the injury. An experience school accident lawyer will explain what kind of documentation and evidence will be needed to pursue a child injury claim for compensation and damages. Get More Information
- What are some common school accidents and injuries?
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Some common school accidents and injuries include:
- school bus accidents
- motor vehicle accidents near schools or school buses
- slips, trips and falls from wet floors
- unmarked hazards, or while using playground equipment
- field trip accidents
- gym/sports accidents
- defective equipment/product injuries
- physical or psychological injuries caused by other students or school staff
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- Why should you consult a pediatric injury lawyer following a near drowning injury or accident?
- A near drowning can be incredibly traumatic for a child and result in post-traumatic stress disorder or other significant injuries or permanent disabilities. Damages caused by loss of future earning potential and the cost of expensive medical treatments and/or attendant care can severely affect family finances and your young loved one's opportunity to live a fulfilling life. A pediatric accident lawyer can help you understand your options and potentially work with you to access benefits, compensation and damages. Get More Information
- Who is accountable for near drownings and what laws apply?
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Any adult who was or should have been supervising the child (or an organization or business responsible for hiring such a person) may be liable for damage caused by a near drowning if their negligence caused or contributed to the incident.
Moreover, a person responsible for maintaining a premises where the near drowning occurred may be found liable if they violated the Occupier's Liability Act by not keeping the space reasonably safe for visitors. Finally, if another person's negligent or intentional actions cause the near drowning, they could be found liable under common law.
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- What damage can be done if a child experiences a near drowning?
- A near drowned person is at risk of developing pneumonia and/or acute respiratory distress syndrome. If the near drowning has led to a period where the brain has experienced reduced oxygen levels (hypoxia) or the complete lack of oxygen, a child may suffer varying levels of brain damage causing physical or cognitive disabilities. Significant brain damage may lead to the child being in a persistent vegetative state. Get More Information
- What should you do if you suspect your child has been injured or harmed due to a near drowning experience?
- Common initial signs of a near drowning include cold or bluish skin, cough or shortness of breath, chest pain, abdominal swelling or vomiting. Even if a child has been successfully resuscitated, they are still at risk of secondary drowning and should be assessed by a doctor as soon as possible. Get More Information
- What are some common ways near drownings can occur?
- Children are most likely to suffer a drowning or near drowning in home swimming pools. However, drownings are also common in natural waters such as lakes, rivers, or oceans, any open body of water. Drowning can occur while the child is swimming, if they unexpectedly begin to breathe in water while at play, if they fall into the water from a pool deck, vessel or the shore, or if they suffer a medical condition that causes them to lose consciousness. Get More Information
- Why should you consult a pediatric injury lawyer following a daycare injury or accident?
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A serious injury sustained by a young child can be life-altering. If the child acquires a permanent disability, the cost of medical treatments and the loss of future earning potential can be immense.
A pediatric injury lawyer can help you understand your options and build a strong case for compensation and damages if your loved one's injuries were caused by negligence.
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- Who is accountable for daycare accidents?
- Depending on the exact circumstances surrounding the accident, staff members responsible for supervising children are accountable for accidents. If there is a business owner or organization responsible for hiring staff and maintaining the premises, they may also be liable of share liability. Get More Information
- What are some responsibilities of daycares and what laws apply?
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Any premises providing temporary care and guidance for more than five children under the age of 13 must be licenced by the Ministry of Education under the Child Care and Early Years Act, 2014, unless otherwise exempt.
Other legislation, such as the Occupier’s Liability Act apply regardless of exemptions. Beyond statutory rules and regulations, as adults responsible for supervising minors, daycare providers must act as a prudent and careful parent would.
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- What should you do if you suspect your child has been injured or harmed at a daycare?
- If your child was injured at a childcare centre or home agency, whether licensed or unlicensed, it is worth your time to seek the advice of an experienced personal injury lawyer to determine if you have an actionable claim. Get More Information
- What are some common daycare accidents and injuries?
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Young children are most frequently injured by burns, poisoning, choking or suffocation. In daycare facilities these types of injuries could occur from improperly stored chemicals (burns), unsecured dangerous substances and plants (poisoning), leaving small objects or toys unattended (choking), or leaving plastic bags accessible or improperly preparing a crib (suffocation).
Other common daycare accidents and/or injuries include: falls (from playground equipment, stairwells, high chairs); near drownings (at pools or in baths); exposure to elements (left outside in the cold or in a hot car or room). There is also potential for physical and sexual abuse by staff members or other people who have access to the premises.
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- Why should you consult a pediatric injury lawyer if your child has a concussion?
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A pediatric concussion can lead to lifelong disability or even death when not treated appropriately. If another person’s negligence caused such a loss, your child deserves to receive compensation and damages for what they have endured or will have to endure in the future.
A skilled personal injury lawyer with experience handling pediatric injury cases can assist as you decide whether to file a claim and help build a strong case that could lead to a settlement offer or court award.
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- Who is accountable or liable following a pediatric concussion?
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Any adult supervising a child owes them a duty of care to keep them reasonably safe from dangers and injuries. If that adult has been negligent, or if the organization responsible for maintaining a safe environment or facilitating safe activities has been negligent, they could be liable for your child’s injury.
Even if they were not negligent prior to the accident occurring, they may be liable for contributing to a worsening injury if they do not take steps to notify the child’s parents or ensure the child receives prompt medical attention.
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- How are pediatric concussions treated?
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A medical practitioner may offer specific post-concussion care instructions. Generally, it’s recommended that children with concussions limit strenuous physical or mental activities for the first 24 to 48 hours and gradually increase these activities based on tolerance.
Other suggestions include:
- limiting access to screens (television, computers, phones)
- encouraging them to stay in a cool, dark, and quiet room
- only using acetaminophen (Tylenol) for headache or pain during the first 48 hours
- providing a light diet if nausea/vomiting are exhibited
- using ice or cooling packs to reduce inflammation of the head and/or neck
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- What should you do if you suspect your child has a concussion?
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Anytime a child receives a serious blow or jolt to the head you should seek medical evaluation.
However, if your child exhibits any of the following symptoms after head trauma, you should seek immediate medical attention:
- double vision or unequal pupils
- convulsions/seizures
- severe or worsening headache
- weakness or numbness in arms and/or legs
- significant or worsening drowsiness
- clear fluids or blood coming out of the ears or nose
- projectile vomiting
- stiffness in the neck
- significant changes in personality
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- What are some symptoms of pediatric concussions?
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Common symptoms of pediatric concussions include physical, cognitive, emotional, and/or somatic (sleep) symptoms.
These symptoms may include:
- headaches
- fatigue
- sensitivity to noise or light
- dizziness or balance problems
- nausea and/or vomiting
- ringing in ears
- seeing stars of flashing lights
- slurred speech
- mental fog
- trouble concentrating
- memory problems
- unexpected emotional outbursts
- irritability
- sadness
- nervousness
- changes to normal sleep patterns
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- What is a concussion?
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A concussion occurs when there is a traumatic injury to the head that causes the brain to swell or bruise. The acute phase of this physiological injury usually lasts about 48 hours, but a person with a serious concussion may experience lingering symptoms, including reduced stamina for mental activities.
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- What should you do if you suspect you have been injured or harmed due to a nursing error?
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As soon as you realize that you or a loved one may have suffered serious harm as a result of a nursing error, you should contact an experienced personal injury lawyer to learn about your rights, options, and how to proceed with a claim for compensation if your case is actionable.
As members of one of the country's top ranked personal injury firms, Gluckstein's nursing errors medical malpractice team have the skill needed to manage even the most challenging cases. After launching a preliminary investigation, if we determine we can help you successfully access compensation and damages for the harm done to you, we will offer to be your legal representative and advocate. As we advance your case through proceedings, our team will keep you informed every step of the way and be ready to offer support in any way we can.
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- What are common examples of nursing errors?
- Common nursing errors include medication errors, errors with documentation, failure to properly monitor patient, obstetrical monitoring errors and failing to advise other members of the team when necessary. Get More Information
- What is a nursing error?
- If a nurse breaches standard practices of care due to negligence and a patient suffers an injury or other harm as a result, it is called nursing error medical malpractice. Get More Information
- How can Gluckstein Personal Injury Lawyers' medical malpractice team help if you suspect you have been injured or harmed due to a medication error?
- As knowledgeable, experienced, and skilled personal injury lawyers, the Gluckstein medication errors team can investigate the circumstance behind your injury and determine if you have an actionable claim for compensation and damages from a medical practitioner or provider. Get More Information
- Are certain people at higher risk of medication errors?
- The groups at greatest risk of harm related to medication safety incidents include children and youth, older or elderly people, people taking multiple medications, people with cognitive impairment, people with mental health conditions, and people with disabilities, among others. Get More Information
- What are common examples of medication errors?
- The vast majority of medication errors occur as they are administered. These mistakes could include a wrong dose, wrong medication, wrong patient, wrong route of delivery, wrong time of delivery or improper directions or instructions for taking the medication. Get More Information
- What is a medication error?
- A medication error is a mistake with medication. These errors can be related to a medication product itself, or the practice and procedure of prescribing, transcribing, ordering, compounding, dispensing, distributing, administering and/or monitoring medications. Get More Information
- How can Gluckstein Personal Injury Lawyers' medical malpractice team help if you were injured or harmed due to lack of informed consent?
- A knowledgeable and skilled personal injury lawyer with experience in lack of informed consent cases can help determine if your case is actionable. If there are grounds for a claim, our team will draw on our extensive network of medical experts to help build a strong case for compensation and damages. Get More Information
- What should you do if you suspect you have been injured or harmed due to lack of informed consent?
- Contact an experienced personal injury lawyer as soon as possible after you realize you may have suffered bodily harm due to lack of informed consent. An investigation should begin quickly to preserve memory and to collect medical documents for a preliminary investigation. Get More Information
- Why are lack of informed consent cases sometimes challenging to pursue?
- Informed consent cases require two elements 1) that the patient was not fully informed and 2) that had they been fully informed they would not have accepted the treatment. This is a difficult test to pass as most patients do accept the recommendations of their doctors. Get More Information
- What are some situations where informed consent is not necessary?
- In most emergency situations, a health practitioner may provide treatment without consent. A substitute decision-maker may be required to provide consent if a patient does not have the capacity to provide it. Once informed consent is obtained, a health practitioner is entitled to presume that consent to treatment includes consent to reasonable variations or changes in the treatment provided. Get More Information
- What is informed consent?
- When a patient is given sufficient information about a medical treatment plan to understand and accept the risks and consequences of course of action, they can give informed consent to proceed with such actions. Get More Information
- How can Gluckstein Personal Injury Lawyers' medical malpractice team help if you suspect you have been injured due to a chiropractic error?
- If you believe you or a loved one was injured due to a chiropractic error, Gluckstein Personal Injury Lawyers' extensive network of medical experts can be called on to review your medical records and help determine if your chiropractor was negligent when providing patient care. If you have an actionable claim, our team can help build a case to persuade the defendant to settle fairly or pursue the matter at trial if necessary. Get More Information
- What are other forms of chiropractic medical malpractice?
- In addition to causing injury through improper physical manipulation, a chiropractor may cause harm to a patient by failing to diagnose a serious condition and refer the patient to a doctor, failing to prepare for chiropractic treatment by properly recording and evaluating a patient's medical history, and failing to provide the information necessary for a patient to provide informed consent to treatment. Get More Information
- What are some examples of injuries caused by chiropractic errors?
- When a chiropractor moves the joints beyond their normal range of motion, serious injury can occur. Strokes caused by cervical (carotid or vertebral) arterial dissection are the most common, and most serious form of injury from chiropractic errors. Other injuries include: nerve damage (numbness or tingling sensations), vertigo, spinal stenosis, herniated discs, pinched arteries, muscle weakness, facial paralysis, incontinence from bladder and bowel paralysis, and aggravating bone diseases. Get More Information
- What is chiropractic care?
- Chiropractic care is used to treat certain neuromusculoskeletal conditions. Chiropractors frequently use physical manipulations on the spine and other joints to provide care for these conditions as opposed to using medicine or invasive surgical treatments. Chiropractors may also provide soft tissue therapy, cold laser therapy, ultrasound therapy, and advice and education on coping strategies for pain. Get More Information
- 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 happens if you cannot work due to symptoms of long-haul COVID?
- During the pandemic governments created benefits programs for people who could not work due to COVID infections. As these programs wound down, a person experiencing long-haul COVID would likely need to apply for disability benefits through their employer's health insurance policy, they own policy, or though the Employment insurance disability benefits program. Get More Information
- What are long-haul COVID symptoms?
- Common symptoms include: fatigue (including chronic fatigue syndrome); shortness of breath or difficulty breathing; cough; joint pain; chest pain; memory, concentration or sleep problems; muscle pain or headache; fast or pounding heartbeat; loss of smell or taste; depression or anxiety; fever; dizziness when you stand; worsened symptoms after physical or mental activities. Symptoms may be new onset following initial recovery from an acute COVID-19 episode or persist from the initial illness. Symptoms may also fluctuate or relapse over time. Get More Information
- What is long-haul COVID?
- Long-haul COVID occurs in individuals with a history of probable or confirmed SARS CoV-2 infection, usually 3 months from the onset of COVID-19 with symptoms and that last for at least 2 months and cannot be explained by an alternative diagnosis. Get More Information
- Why are long term disability claims related to mental health sometimes denied?
- As an "invisible" disability, diagnosing and assessing the severity mental illnesses often requires medical providers to consider an individual's self-reported symptoms. Insurers seeking to validate disability claims may their own doctors to review an individual's medical history, require new testing or assessments, and may conduct surveillance to determine if an applicant is as disabled as they claim. Sometimes insurers will use information or alternative opinions in these new findings as a basis to deny a claim. Get More Information
- What if I cannot work due to a mental illness?
- Beyond using regular sick days, many people draw on short-term disability benefits if their symptoms prevent them from working for weeks at a time. Generally these benefits cover between 60 to 100 percent of your salary or average pay for up to six month to a year and they are paid from an employer’s plan or from Employment Insurance sickness benefits. If you still cannot return to work after the short-term disability benefits ends, you may be able to receive long-term disability benefits. Get More Information
- What are some common symptoms of mental illnesses?
- Symptoms common to more than one type major mental illness include: Fatigue; changes in eating habits; changes in sleeping patterns; lack of interest in previously pleasurable activities; distancing yourself from others; inability to maintain peaceful relationships with loved ones; extreme mood swings; unusual anger; sadness; irritability; confusion or fright; memory problems; unwanted memories/flashbacks or persistent thoughts; unexplained pain or body aches; substance abuse; suicidal thoughts; hearing voices that are not there. Get More Information
- What are some of the most commonly reported mental illnesses?
- Some of the most commonly reported mental illnesses include: Attention Deficit Disorder (ADD) and Attention Deficit Hyperactivity Disorder (ADHD), anxiety (generalized anxiety disorder or social anxiety disorder), bipolar disorder, depression (persistent depressive disorder or major depressive disorder), eating disorders (anorexia, bulimia, Binge Eating Disorder (BED), Compulsive Over Eating (COE), etc., Obsessive-Compulsive Disorder (OCD), Post-Traumatic Stress Disorder (PTSD), schizophrenia. Get More Information
- What is mental illness?
- A mental illness or mental disorder is a condition that can cause changes in cognition, behaviour and/or emotion. Although brain-based, these conditions can also result in debilitating physical symptoms, including reduced energy levels, sleep disturbances and chronic pain. Get More Information
- When is it not appropriate to use forceps or vacuum extraction?
- Forceps and vacuum extractions are not recommended: for women less than 34 weeks pregnant; when the baby has a condition affecting bone strength; when the position of the baby’s head is not known; when the head had not reached and passed the midpoint of the birth canal; when the baby’s arms, feet, shoulders or buttocks are leading the way down the birth canal. Get More Information
- If forceps and vacuums are used during birth, is it usually a sign of medical malpractice?
- No. These instruments can and often are used safely to assist wth difficult vaginal births. However, if your child sustained a birth injury and these devices were used, it is important to investigate to determine if improper use caused the injury. Get More Information
- What are forceps and vacuums?
- Forceps and vacuums are types of medical instruments used during assisted vaginal deliveries. Shaped like a pair of long tongs or spoons, forceps are slid on either side of the baby’s head to help guide it out of the birth canal. In a vacuum extraction, a properly sized rigid or soft cup attached to a handle is placed on the baby’s head and attached using suction. Get More Information
- What are some symptoms of periventricular leukomalacian (PVL)?
- Depending on the severity and location of the brain damage, a child may have no symptoms or experience significant disability. Symptoms often become more apparent over time and tend to be pronounced by six to nine months of age. They may include: spastic diplegia, cerebral palsy, developmental delays (mental and physical), poor coordination, vision problems and difficulty with eye movement, hearing loss, cognitive impairment and learning disabilities, developmental delay (mental and physical), scoliosis, seizures, urinary incontinence. Get More Information
- How is periventricular leukomalacia (PVL) diagnosed?
- Symptoms of PVL are frequently associated with other conditions and disorders. Therefore, a physical exam in itself may be the first step in a diagnosis, but confirmation usually comes from either a cranial ultrasound or magnetic resonance imaging (MRI). Get More Information
- What is periventricular leukomalacia (PVL)?
- PVL is a condition where damage to cells or cell death causes a softening of white brain tissue near the ventricles (fluid-filled chambers in the brain). It is believed that PVL is caused if the brain receives too little blood and/or oxygen. Get More Information
- What are some common injuries from obstetrical errors?
- Obstetrical errors can harm a pregnant woman, her fetus, or her baby. Common injuries for pregnant women include perineal injury (blood loss, skin, tissue and muscle damage, injury to the vaginal mucosa or anal sphincter), pelvic floor injury (muscle and nerve damage, prolapsed organs), postpartum infection, and spinal injuries from epidurals. A fetus may suffer from lack of oxygen, fetal distress, fetal infection, and placental abruption. Newborns may experience trauma from forceps and vacuums, lack of oxygen, untreated infection, improper resuscitation, and kernicterus. Get More Information
- When is obstetrical error medical malpractice?
- Monitoring the health of a patient/patients during a pregnancy, delivery and the first few weeks after birth requires certain knowledge, skill and experience. Although no medical provider is held to the standard of perfection, if their negligent actions or inaction breach standards of obstetrical care and cause injury or harm, it may be considered obstetrical error medical malpractice. In these cases, the medical provider may be liable for compensating a patient for the damage they caused. Get More Information
- What are some common obstetrical errors?
- Some common obstetrical errors include: misdiagnosis, surgical errors, medication errors, and postpartum birth injuries. The most common reasons for these errors tend to be errors in clinical judgement, miscommunication, technical issues, and inadequate supervision. Get More Information
- How does Gluckstein establish negligence in a newborn infection medical malpractice case?
- For a newborn infection medical malpractice claim to be successful, a personal injury lawyer must establish that standards of care have been breached, that the breach directly caused serious harm to a person, and that another person's negligent action or inaction caused this harm. To establish negligence, we conduct a preliminary investigation into a client's medical files to determine when and how the infection started, how long it took to identify it, and how it was treated once identified. We also consult medical experts who can provide an opinion about whether it is reasonable to think a doctor with a similar level of experience under similar circumstances would have made the same choices based on protocols in place. Get More Information
- When is a newborn infection considered medical malpractice?
- A newborn infection can be considered medical malpractice if healthcare providers fail to adhere to the standard of care, leading to preventable harm or death, such as failing to diagnose or treat infections timely or adequately. Get More Information
- What are some common newborn infections?
- An infection can begin in utero (during pregnancy), at birth (during delivery) or after birth (in the first few days and weeks). Common maternal infections that affect the fetus/newborn include: toxoplasmosis, syphilis, rubella, cytomegalovirus, zika, HIV, Hepatitis B. Common infections a baby may be exposed to at birth include: streptococcal bacteria, gonococcal bacteria, chlamydia, escherichia coli (E. coli), listeriosis (Listeria monocytogenes), herpes simplex, HIV Hepatitis B. Some common postpartum infections include: bacterial meningitis, sepsis, conjunctivitis, pneumonia. Get More Information
- When is a resuscitation of a new born medical malpractice?
- If there have been signs of fetal distress, if a baby is not breathing or crying normally, or if it does not have a healthy colour or skin tone, a medical provider would likely determine that something beyond routine after-birth care is needed to assist the baby. If the baby’s heart rate is less than 100 beats per minute, some level of resuscitation effort is likely needed. More significant interventions are required if the baby’s heart rate falls below 60 bpm. If the standard of care to provide resuscitation in these scenarios are breached without extenuating circumstances, the medical provider's negligence may cause or contribute to a baby's injuries. This is called medical malpractice. Get More Information
- What is the resuscitation of a newborn?
- Newborns may require some level of intervention to help them with their breathing or to help them start breathing. Up to one in 10 babies born require simple stimulation (drying and rubbing) to help them breath. Three to six percent of newborns require basic resuscitation (bag-and-mask ventilation). Less than one percent need more serious interventions, including: endotracheal intubation, chest compressions and/or medication. Get More Information
- When is jaundice medical malpractice?
- Jaundice is a common condition in newborns. Often it will resolve on its own or with minimal intervention from medical providers. In more serious cases phototherapy or transfusions are used to reduce bilirubin levels. If a medical provider fails to identify, monitor and effectively treat jaundice, it can cause serious injury or death. Medical malpractice occurs when the standards of care are breached by a medical provider due to negligence and a patient suffers harm. Get More Information
- What is the birth injury kernicterus (brain injury) from hyperbilirubinemia - jaundice?
- As a body breaks down old red blood cells, it creates a yellow pigment called bilirubin that is processed by the liver prior to excretion. Some newborns have underdeveloped livers that cannot process this waste efficiently. If there is a delay or disruption in this process, bilirubin that builds up in the body may begin to collect in brain tissue and cause serious and permanent brain damage (bilirubin encephalopathy). Get More Information
- How do you establish negligence in a birth injury case?
- To establish negligence in a birth injury case, you must prove four key elements: a duty of care existed, that duty was breached, the breach caused the injury, and the injured party suffered damages. Get More Information
- How do birth injuries happen?
- Birth injuries can result from difficult labor, improper use of forceps or vacuum extractors, delayed C-sections, or lack of oxygen during birth. Some injuries are unavoidable, but others occur due to medical negligence. Get More Information
- What is Orthopaedic Trauma?
- Orthopaedic injuries cause damage to musculoskeletal structures in the body, including sprains, strains and tears. Blunt force trauma can cause bruising, cuts, fractures (broken bones), herniated discs, and dislocated joints. 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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- How long do you have to press charges for sexual assault in Canada?
- Unlike other crimes or cases of civil liability, there is no statute of limitations for sexual assault cases in Ontario. Even if the assault occurred decades ago, you can still pursue criminal charges or other avenues for justice. Get More Information
- How long does a sexual assault investigation take in Ontario?
- A sexual assault investigation can take anywhere from a few months to a few years depending on the circumstances, the number of parties involved, and what legal avenue a sexual assault survivor chooses. Get More Information
- What is the process of a sexual assault case?
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A sexual assault survivor has many options for how to proceed. They may:
- Bring the case to police for a criminal investigation;
- File a human rights complaint;
- Lodge a complaint with a professional disciplinary body that the perpetrator belongs to;
- Seek emergency funding from Ontario’s Victim Quick Response Program; or
- File a civil claim.
A sexual assault lawyer at Gluckstein Personal Injury Lawyers will carefully explain each of these options and steps involved so you can make an informed decision.
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- What is considered institutional sexual abuse?
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If sexual abuse has been committed against someone who is owed a duty of care by a public or private institution, it can be considered institutional sexual abuse. The abuse can be committed by someone in a position of institutional leadership or another person receiving the services of the institution. Although the institution may not have committed the sexual abuse or known about it, if their negligent actions or inaction caused or contributed to the circumstances that allowed it to take place, the institution may share liability.
Some examples of institutions where cases of sexual abuse have taken place include:- Residential schools;
- Foster homes and group homes;
- Day schools;
- Daycare;
- Hospitals;
- Nursing homes;
- Religious centres;
- Youth sport activities and clubs;
- Seniors residences;
- Assisted living centres;
- Youth corrections facilities;
- Jails and prisons.
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- What is considered historical sexual assault?
- Historic sexual assault or historic sexual abuse are terms to refer to actions that occurred in the distant past. In these cases there may no longer be any physical evidence of the events, but testimony from the survivor can still be persuasive to a court. Get More Information
- Is sexual assault a violation of human rights?
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Yes. Sexual assault is a form of sexual harassment under Ontario’s Human Rights Code.
You can lodge a complaint through the Human Rights Legal Support Centre if the sexual assault occurred in relation to:- Employment relationships;
- Accommodation/housing;
- Providing goods and services or access to facilities;
- Creating contracts; and/or
- Membership in professional associations or trade unions.
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- Is there a time limit to report a sexual assault to the police?
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There is no set time for reporting a sexual assault. The police will begin by taking a statement from you and will then start to collect evidence. If there is enough evidence, the police will lay charges. It is important for any survivor to understand that even if the police do not lay charges, it does not mean they do not believe you. Rather, there may not be enough evidence to proceed within criminal court.
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- What is involved in filing a sexual assault lawsuit?
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For some survivors, choosing to sue is the right choice. Beginning a lawsuit is a big decision. The process can take a few years and you will have to tell your story several times to different people. You may also need to undergo various medical or psychological assessments.
A lawsuit can be a painful process, but it can also be a positive, healing experience. You may receive compensation to help as you move on with your life. Perhaps most importantly, a survivor can regain a sense of power and control in suing the perpetrator(s).
Choosing the right lawyer to help you is an important factor to consider. A lawyer with experience in the area of civil sexual abuse can help you understand the law, and consider all the factors individual to your case.
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- What is sexual assault?
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Sexual assault is any form of non-consensual sexual contact. Sexual assault can happen to anyone at any time. Offenders can be family members, caregivers, teachers, coaches, childcare workers, medical or other professionals, clergy, or total strangers. Sexual assault is a crime of violence. If you have been assaulted, no matter who did it or when it happened, it was not your fault.
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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 happens if a doctor makes the wrong diagnosis?
- Doctors are not held to a standard of perfection. If, based on proper standards of care, they reasonably come to a wrong diagnosis it is not considered medical malpractice. If a doctor breached the standards of care due to negligence and they wrongly diagnosis a patient and cause harm to that patient, they may be found to committed medical malpractice. Get More Information
- Which type of problems occur when a diagnosis wrong or delayed?
- Some medical conditions can be fully treated and cured. In other cases, symptoms of an underlying problem can be treated to improve a patient's prognosis, outcome, or quality of life. When a patient is misdiagnosed and treated for a condition they do not have or a diagnosis is missed, they lose valuable time to treat their illness and they may suffer needlessly. Get More Information
- What’s the difference between a misdiagnosis and missed diagnosis?
- When a doctor incorrectly diagnosed a patient with a medical condition, it is called a misdiagnosis. If the doctor does not recognize how a patient's symptoms would indicate a medical condition in a timely manner, it is called delayed diagnosis. Both misdiagnosis and missed diagnosis can be medical malpractice depending on the patient's unique circumstances. Get More Information
- What are the five most common types of medical malpractice?
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Medical malpractice cases usually deal with:
- Misdiagnosis;
- Surgical errors;
- Failure to treat a condition properly;
- Birth injuries; and
- Prescription medication errors.
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- What causes seizures right after birth?
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The underlying causes of neonatal seizures vary. They include:
- Lack of oxygen before or during birth;
- Infection acquired before or after birth;
- Stroke before or after birth;
- Blood clot or bleeding in the brain;
- Birth defects;
- Chemical imbalances;
- Metabolic disorders;
- Drug withdrawal.
About half of babies who experience seizures after birth will develop epilepsy later in life.
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- Can a traumatic birth cause seizures?
- Yes, children born prematurely or those who experience very difficult births are at an increased risk of suffering brain injuries that may lead to seizures in the first weeks of life. Get More Information
- What is meconium aspiration and are there long-term effects?
- Meconium aspiration syndrome (MAS) occurs when a newborn inhales meconium (their first stool) into their lungs, potentially causing breathing problems. While most babies recover fully, severe cases can lead to long-term complications. Get More Information
- What are the early signs of Cerebral Palsy?
- Early signs of cerebral palsy include developmental delays in reaching milestones like rolling over or sitting, abnormal muscle tone (floppy or stiff limbs), and unusual posture or movement patterns. Get More Information
- What is the most common cause of cerebral palsy?
- The most common cause of cerebral palsy is brain damage or abnormal brain development that occurs before, during, or shortly after birth. This is often due to factors like premature birth, complications during delivery, or infections during pregnancy. Get More Information
- What is a brachial plexus injury and how does it occur during birth?
- A brachial plexus birth injury is damage to the network of nerves (brachial plexus) that controls movement and sensation in the shoulder, arm, and hand, often occurring during childbirth due to stretching or tearing of these nerves. Get More Information
- What should I do if my child has been injured?
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Seek medical attention immediately. If possible, take photos of the scene of the accident, collect contact information of witnesses, and record your own observations or what your child can tell you about what happened. Speak to a pediatric injury lawyer as soon as possible to ensure your rights and your child's rights are protected.
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- Where do these pediatric accidents often occur?
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These accidents can occur:
- In your own home or the home of someone the child knows;
- At daycare centres;
- At school;
- In organized sports; and
- At summer camps among other locations.
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- What are some accidents causing pediatric injuries?
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Common accidents that injure children include:
- Motor vehicle accidents;
- Slips, trips and falls;
- Drownings;
- Suffocation;
- Poisoning;
- Burns, wounds and infections;
- Medical malpractice; and
- Violence.
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- Are party hosts liable for guests who drink excessively?
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A host of a private party is not generally liable for the actions of guest who drinks excessively and then harms another person unless they were grossly negligent and blatantly disregarded their guests' wellbeing. The rules of third party liability are different for licensed establishments or employer-hosted events in some cases.
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- How do I prove liability in a pedestrian crash was due to someone else's negligence?
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A skilled pedestrian accident lawyer can help you investigate the circumstances of the accident to determine whether another person's negligent actions or inaction caused your injuries. They will review any police reports, surveillance footage or witness accounts to reconstruct what happened, who is liable, and/or what proportion of liability another person has for the accident.
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- What benefits are available if I was involved in a motor vehicle accident while walking?
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Any person injured in a motor vehicle accident may be entitled to Statutory Accident Benefits Schedule compensation, even if they do not hold motor vehicle insurance. These benefits include:
- Income replacement benefits;
- Medical and rehabilitation benefits;
- Attendant care;
- Housekeeping benefits;
- Caregiver benefits.
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- How can Gluckstein Personal Injury Lawyers help pedestrians involved in a motor vehicle accident?
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If you were hit by a careless driver while walking, a pedestrian accident lawyer on our team could guide you through the process of seeking Statutory Accident Benefits through your no-fault auto insurance policy. Additionally, if you can prove that another party’s negligence caused you to suffer severe and permanent physical, psychological, or cognitive injuries, a personal injury lawyer may be able to help seek compensation for your damages through a tort claim.
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- How can the traumatic brain injury lawyers at Gluckstein Lawyers help prove another person's negligence following a motor vehicle accident?
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Traumatic brain injury lawyers play a crucial role in proving another person's negligence following a motor vehicle accident. They utilize various strategies and resources to establish fault and seek compensation for their clients.
By leveraging their legal expertise, investigative skills, access to expert witnesses, documentation practices, negotiation tactics, and litigation experience, Gluckstein Lawyers' traumatic brain injury lawyers can effectively help prove another person's negligence following a motor vehicle accident and pursue appropriate compensation for the injuries and losses incurred by their clients.
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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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- How do our spinal injury lawyers help accident victims?
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Our spinal cord injury lawyers can help an injured party pursue compensation for the losses they've suffered. Gluckstein's catastrophic injury lawyers are experienced in navigating claims, calculating an injured person’s losses, and seeking compensation from at-fault parties, both in and out of court.
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- How do I seek fair compensation after an automobile spinal cord injury?
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Seeking compensation after a spinal cord injury often involves filing several insurance claims. If you or a loved one has suffered spinal cord damage in a car crash, you will need to file a claim through the Statutory Accident Benefit Schedule (SABS). The accident benefits system can provide direct compensation to injured accident victims for their economic losses, including lost wages, medical expenses, non-earner benefits, and caregiver benefits.
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- What are my rights if I've suffered a spinal cord injury as a result of another person's negligence?
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Where spinal cord injuries are the result of another person’s actions, affected individuals have the right to seek compensation for their losses, including pain and suffering, the cost of past and future medical care, and income losses.
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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 does it mean to have a catastrophic injury such as Quadriplegia?
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Quadriplegia is paralysis caused by illness or injury to the spinal cord that results in the partial or total loss of use of all limbs and torso; paraplegia is similar but does not affect the arms.
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- How can Gluckstein Personal Injury Lawyers help me if I have been paralyzed in an accident?
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Gluckstein Personal Injury Lawyers has a team of professionals experienced in dealing with seriously injured individuals and will work tirelessly to ensure that our clients’ needs are met both medically and financially.
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- What does it mean to have a catastrophic injury such as Paraplegia?
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Paraplegia is the loss of sensation or movement in the legs and in all or part of the torso, usually caused by an injury below the neck. Many life changes follow an injury that has resulted in this type of paralysis, including:
- Regular rehabilitation, physical therapy, and medical care;
- A new profession or reduced-level employment;
- Alterations to one’s home and car to accommodate different physical needs;
- Added stress to personal relationships, including friends and family.
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- Regular rehabilitation, physical therapy, and medical care;
- Are there damage cap limits for someone deemed to have a catastrophic injury?
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Ontario law imposes certain damage caps that may limit a catastrophically injured person’s recovery. For example, there is a limit on damages for pain and suffering, which is capped at about $370,000 as of 2020, although this amount will increase each year with inflation. Damages for income loss and future cost of care (medical expenses) do not have a cap.
Gluckstein Personal Injury Lawyers can offer insight into what claims you can advance for pain and suffering, income loss, recovery of medical, rehabilitative, and attendant care following a catastrophic accident.
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- How can Gluckstein Personal Injury Lawyers help me if I believe my injuries should be deemed catastrophic?
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Our lawyers are well aware of the long-term implications of many catastrophic injuries. The full impact of the injury may only appear as the person ages. We take that into consideration in advocating for the long-term welfare of our clients. For example, a person who becomes paralyzed due to spinal trauma may have to pay for emergency medical treatment immediately after their accident as well as future rehabilitative treatments, attendant care, and physical therapy.
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- For catastrophic injuries, what are some recoverable damages in a tort claim?
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If catastrophic injuries were caused by the negligent or intentional act of another person, a successful civil claim is critical to the victim’s quality of life going forward. Medical treatment and rehabilitation expenses as well lost income will have huge financial implications throughout the lifetime of a catastrophically injured person.
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- Why is it important to ensure your injury is fairly assessed?
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Outside of the context of statutory accident benefits, these same injuries will often entitle a plaintiff to higher damages in a tort claim stemming from a motor vehicle collision or other type of accident.
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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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- When is an injury considered catastrophic?
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Catastrophic injuries involve severe, devastating loss of functioning that is life-altering. In the context of statutory accident benefits, the definition of "catastrophic impairment" are injuries that result in:
- Paraplegia;
- Quadriplegia;
- Paralysis;
- Amputation;
- Total loss of vision;
- Acquired brain injuries;
- Significant or extreme mental, neurological, and behavioural disorders;
- Traumatic brain injury;
- Spinal cord injury;
- Severe burns.
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- How can I pursue compensation after a boating accident?
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If you have been injured in a boat accident where someone else is partially or fully at-fault for your injuries, you may be able to make a claim for compensation under the Marine Liability Act. However, barring exceptional circumstances, the maximum amount you can recover for loss of life or injury in such an accident is $1 million (and $500,000 for other claims). Some boat owners may have purchased insurance that offers compensation similar to the Statutory Accident Benefits Schedule for motor vehicle accidents, but it is not mandatory.
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- What is a boat operator’s duty of care?
- A boat operator must be properly licensed, ensure they are operating a safe vessel with all necessary and mandated safety equipment and take reasonable precautions to ensure passengers are not putting themselves at undue risk. Get More Information
- How does a boat accident lawyer help me if I've been injured?
- When you've been seriously hurt while out on the water, an experienced boat accident lawyer can investigate whether another person's negligence caused or contributed to your injuries. The lawyer can file a claim for damages on your behalf and build a strong case to help encourage a settlement with the defendant or a court-ordered award. Get More Information
- What are some recoverable damages after a cycling injury?
- Accident victims may recover accident-related medical expenses, both past and future, as well as physical therapy treatments, specialist appointments, prescription medication costs, and attendant care costs. To recover damages for pain and suffering after a biking accident caused by a negligent motorist, the cyclist's injuries must meet a certain threshold of severity, however. Get More Information
- What are some types of behaviours motor vehicle drivers engage in that can cause serious injury to bicycle riders?
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A motor vehicle operator who engages in the following types of behaviour can be held civilly liable in the event of an otherwise preventable bicycle collision:
- Changing lanes without activating a turn signal;
- Entering or turning at an intersection without first checking for cyclists;
- Ignoring a cyclist’s right of way;
- Opening a car door into an oncoming cyclist’s path.
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- How do you establish liability in a bicycle crash?
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In an accident, if a person has not followed the rules of the road or otherwise acted in a negligent manner, they could be found partially or fully liable for damages caused to another person. Some common ways drivers are found liable include:
- Changing lanes without activating a turn signal;
- Entering or turning at an intersection without first checking for cyclists;
- Ignoring a cyclist’s right of way; or
- Opening a car door into an oncoming cyclist’s path.
If a cyclist was also being negligent or being unsafe while on the road, they may be found to be partially at fault for their injuries (contributory negligence). An investigation will help determine whose actions caused the accident and what proportion of the accident they are liable for.
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- How does a bicycle accident lawyer help me if I've been injured in a motor vehicle accident?
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While anyone injured in a motor vehicle accident is eligible for the Statutory Accident Benefits Schedule (SABS), if another person's negligent, intentional or reckless action or inaction caused you harm, you may be able to sue for damages.
A defendant will likely try to argue that you were partly to blame (contributory negligence) for the accident to lessen the damages they owe. A skilled bicycle accident lawyer will help you build a strong case aimed at getting maximum compensation.
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- What is a mass tort action?
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Unlike class-action lawsuits, a mass tort action involves many injured parties against one or a few at-fault parties.
Mass tort actions are similar to class actions; however, a mass tort action treats each injured party individually, rather than as an injured group. It can be an efficient and cost-effective way to navigate the legal system for multiple parties experiencing the same or similar injuries.
Mass tort actions can focus in various areas of law, including personal injury, product liability and medical negligence.
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- How can Gluckstein Personal Injury Lawyers help with your class action or mass tort?
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Class action lawsuits are lengthy and complicated. The most important objective of a class action is to help individuals pursue legal action against large entities, such as corporations or governments that have deep pockets and access to resources. By joining a class action, individuals are provided with an opportunity to seek a legal remedy for the alleged damages. The appeal for members who join a class proceeding may owe to the overwhelming importance of the issues in dispute.
There is nothing you have to do directly to join a class action. A court order defines the class action, and if you fall within the definition which is set by the court, you are automatically included, unless you decide you do not wish to participate in the suit.
If you would like to preserve your right to pursue an individual case, you must opt-out of the class action. There will be a limited window of time for you to opt-out, which will be indicated in the certification order, which is sent out after the proceeding is certified. However, be aware that once you have opted out, you are no longer entitled to any settlement, which may be given if the case is resolved.
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- What is a Class Action Lawsuit?
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A class action is a type of civil claim brought by one or more individuals on behalf of a larger group, made up of class members.
Class action lawsuits are common where the same party injures a group of people in the same way.The interests of the group are represented by one individual known as the “class representative.” The class is treated as a group that was injured, rather than a group of individuals that were injured. Rather than having each person bring his or her own lawsuit, a class action allows the group to collectively sue the at-fault party to resolve the claims in a single legal proceeding.
Class action lawsuits provide an efficient way to litigate common issues. They can focus on multiple areas of law, including personal injury and product liability. By creating a group or class, class action lawsuits create power in numbers. A class action is a way to equalize the playing field against a large entity, and Gluckstein Personal Injury Lawyers is committed to advocating on your behalf.
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- Who can be held liable for a defective product?
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The defendant in most product liability claims is the company or entity that manufactured the item in question, as they are usually directly responsible for the condition of a sealed product when it reaches a consumer. However, there are some situations where other parties may bear partial or total liability for a dangerous product.
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- What are some potential grounds for product liability claims?
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In Ontario, a consumer can only file suit over a product defect if they can prove that the item was “unreasonably dangerous” because of a flaw that existed when the product was made available to the public. The consumer must then show that the defendant owed them a duty of care, that the defect in question directly caused them to suffer an injury, and that they are entitled to compensation for specific compensable losses such as damages for pain and suffering, medical expenses, and loss of income.
There are several forms of actionable product defects, including:- Defective design;
- Manufacturing defects; and
- Marketing defects.
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- Defective design;
- Why should I hire a product liability lawyer?
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Whenever you buy something from a private retailer, you can rightfully expect a safe product that functions as advertised. If a product malfunctions and causes you to suffer harm as a result, or does not come with instructions about how to avoid injury during use, you may be able to pursue litigation against the manufacturer and/or certain other liable parties.
However, seeking compensation for damages stemming from a dangerous product can be difficult without the assistance of an experienced personal injury lawyer. By retaining a skilled product liability lawyer, you can greatly improve your chances of securing a positive outcome against the company or seller who wronged you.
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- What experience does Gluckstein Personal Injury Lawyers have in dealing with product liability cases?
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We have been taking legal action on behalf of seriously injured individuals for more than five decades.
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- What are some of the product liability cases that Gluckstein Personal Injury Lawyers pursues?
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Among the product liability cases we pursue are:
- Dangerous or toxic foodstuffs;
- Unsafe toys;
- Unsafe children’s products;
- Unsafe household appliances;
- Defective autos, airbags and car parts;
- Defective safety equipment;
- Toxic or unsafe house-building materials;
- Defective machinery;
- Defective recreational vehicles.
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- Dangerous or toxic foodstuffs;
- How does the slip and fall team at Gluckstein Personal Injury Lawyers help you after a slip and fall?
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Testimony from certified medical experts can document the extent of your injuries and possible duration of required medical treatment. Physical evidence may help when a favourable settlement cannot be obtained through negotiations with the insurance company and could defer a legal course of action to achieve justice and repayment for your suffering.
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- What are some injuries resulting from a slip and fall where you can secure compensation for pain, suffering and related expenses?
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Our team of lawyers can help you secure compensation for pain, suffering, and expense related to afflictions from a slip or fall accident, including:
- Broken or fractured bones;
- Damage to internal organs;
- Internal bleeding;
- Deep puncture wounds;
- Dislocated bones;
- Head trauma.
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- Broken or fractured bones;
- What law governs slip and falls in Ontario?
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In Ontario, there is a special set of rules that govern liability for property owners who invite others onto their land. The Occupier’s Liability Act mandates that the occupier of a premises owes a duty of care to ensure that the property is reasonably safe for those who enter. This duty includes slips and falls that result from poor care of the premises but may also extend to other injuries that occur on the premises.
The full compensation of any and all medical expenses caused by the accident is the first and foremost goal of our local slip and fall lawyers. Tremendous medical, personal, and legal expense can develop in the aftermath of a tripping or falling incident, and reimbursement for those expenses and your pain and suffering is possible.
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- How long do you have to seek compensation after a slip, trip or fall?
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The general time limit to file a suit for this kind of personal injury is two years. However, recent legislation has significantly shortened the amount of time you have to file a civil lawsuit for certain kinds of incident.
Bill 118 reduced the effective filing deadline for slip and falls caused by icy conditions to only 60 days from the date of injury. Specifically, the prospective plaintiffs have 60 days to notify defendants of their intent to file a claim.
Furthermore, anyone who wants to file a slip, trip or fall case of any kind against a municipal authority has only 10 days to provide notice of their intent to sue to the appropriate agency. It is crucial to contact a personal injury lawyer as soon as possible to get your case started.
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- What if my fibromyalgia and chronic pain is a result of an injury caused by someone else's negligence?
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If your chronic pain results from an injury caused by negligence or fault, your compensation in a lawsuit should account for the chronic pain.
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- How can the long-term disability lawyers at Gluckstein Lawyers help with insurance claims for fibromyalgia and chronic pain?
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Some people suffering from fibromyalgia and chronic pain may find obstacles when they make a claim to their insurance company.
Insurance companies may deny coverage stating that the policy does not cover chronic pain or that not enough proof has been submitted. Tests needed to assess chronic pain disorders and ongoing treatment to manage it can quickly become expensive and may not be covered by OHIP.
If your insurance claim was denied, or if you’re fed up with dealing with insurance companies, schedule an appointment with our long-term disability fibromyalgia and chronic pain lawyers.
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- What is Fibromyalgia?
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Fibromyalgia is a common chronic disorder. It occurs when the brain and spinal cord have heightened processing of touch and pressure, resulting in higher pain sensitivity. People who have fibromyalgia often suffer fatigue. It has physiological and neurochemical components. Those who suffer from it can manage their symptoms and improve their quality of life, but challenges remain.
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- When do I need a long-term disability lawyer?
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A long-term disability insurance policy should be something you can rely on, although this is not always the case. If you or a family member is unable to work for an extended period due to an accident, illness, or injury, we recommend that you consult with a personal injury lawyer as soon as possible. A personal injury lawyer can help determine if you have a potential long-term disability claim against your insurer and advise you on how best to appeal if your long-term disability insurance claim is denied.
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- What if I belong to a union?
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In some cases, a lawsuit against the disability insurer may not be available to you. The only recourse you may have is to file a formal grievance if you are a union member. Therefore, it is important to advise our long-term disability lawyers whether you belong to a union as part of your employment. If you do, the terms of the collective agreement between your union and your company will need to be reviewed to determine whether the grievance procedure is the ‘exclusive remedy.’
If the collective agreement appears to make your employer the party responsible for payment of long-term disability benefits, the long-term disability claim will likely have to be ‘litigated’ using the union grievance apparatus.
On the other hand, if the terms of the collective agreement require only that your employer pays the long-term disability insurance coverage premiums to a disability insurer, or if the collective agreement is silent regarding long-term disability insurance, the likelihood is greater that you will be able to bring a lawsuit against the disability insurer for its denial of long-term disability benefits.
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- Can a long-term disability insurance company force me to see a doctor of their choice for a medical assessment?
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Before litigation commences, an insurance company is entitled to take reasonable steps to continue to determine whether or not you remain eligible for benefits. They are therefore entitled to request reasonable medical examinations. However, this right has limits.
Further, if you are asked to travel for an assessment, you are entitled to ask for assistance, such as transportation, meal expenses, and even hotel accommodation if an overnight stay is required.
After the lawsuit starts, the insurance company is permitted to arrange medical assessments in accordance with the Rules of Civil Procedure that govern the conduct of lawsuits.
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- Is it true that if I start a lawsuit, the insurance company might hire a private investigator to conduct surveillance?
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Yes, however, there are privacy and other rules about how and where a private investigator can conduct surveillance involving an individual. It is essential to consult with a lawyer and ensure that neither the insurance company nor the private investigator exceeds permissible boundaries.
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- What if my long-term disability benefits are denied?
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When you have filed your claim, your insurance company may give you the green light to receive your long-term disability benefits. However, it is important to know that long-term disability insurance benefits may terminate because you now fall under a change in the definition of disability after a certain period of time has passed.
A two-year period is the general cut-off mark, signalling a change from being unable to work “your own occupation” to being unable to work in “any occupation”. The moment your long-term disability benefits stop, you need to call a lawyer. It is not up to your long-term disability insurance company to ultimately decide when your long-term disability benefits end.
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- Do I stop being entitled to long-term disability benefits if my employer terminates my employment?
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No. Even if your employer terminates your employment, your entitlement to long-term disability benefits will continue as long as you remain eligible since your disability arose while you were covered as an employee.
In contrast, your right to participate in group benefit plans may end if your employer terminates you. However, this is separate from your right to continue receiving long-term disability benefits.
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- How long is the insurance company obligated to continue to pay me long-term disability benefits?
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There are generally two broad restrictions on how long an insurance company is obligated to continue to pay you long-term disability benefits.
- The first is based upon entitlement.
To receive benefits, you must continue to meet the disability tests under the applicable own occupation or any occupation provisions.
- The second restriction is related to time or age.
Every contract for long-term disability insurance is different. Some contracts are time-limited; that is, they will only provide benefits for two years, or five years, or ten years, regardless of your age. Almost all contracts are also age-limited. Nearly every agreement in Canada provides for the entitlement to continue to receive long-term disability benefits as long as you qualify for benefits or until you reach the age of 65, whichever comes first.
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- The first is based upon entitlement.
- Are my long-term disability benefits taxable?
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Whether or not your long-term disability benefits are taxable depends on who pays the premiums. In cases where an employee pays the premium by having it deducted from his or her paycheque, any future disability benefit that is received should not be taxable. However, if an employer pays the premium for your long-term disability benefits, the government and the courts will generally consider that benefit a taxable one.
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- How much money do long-term disability insurance policies pay?
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Long-term disability insurance typically pays a percentage of your wage, subject to a specified maximum. A common percentage is somewhere between 60% and 70% of your regular pre-disability salary.
As there are many different kinds of long-term disability insurance policies, it is essential to understand the terms of your specific coverage. For instance, some policies will include coverage for overtime you worked before you became disabled, while others will only pay you a percentage of your regular wage.
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- Can I apply for disability insurance by myself, or do I need a lawyer?
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You can generally apply for disability insurance benefits by yourself. If you are worried that there might be some reason that the insurance company will dispute or deny your claim, such as a pre-existing medical condition, or disputed diagnosis, it may be beneficial to consult with a lawyer early on to discuss how to best present your claim.
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- What is the difference between the “own occupation” and “any occupation” test when determining whether you qualify for disability benefits?
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Every long-term disability insurance policy is different. However, most policies require that you satisfy the “own occupation” test to qualify for the first stage of benefits, usually lasting one to two years. Generally speaking, you meet the own occupation test if you are unable to perform substantially all of the important elements of your regular occupation.
After one or two years, again depending on the policy, the test to qualify for benefits usually changes to what insurance companies refer to as the “any occupation” test. Under that test, you may be entitled to continue to receive benefits if you can establish, on the strength of the medical evidence you submit to the insurer, an inability not only to perform your own occupation but any other occupation for which you are reasonably suited by education, training, or experience.
It is not unusual for claimants to have their benefits terminated once the policy transitions from the “own occupation” to the “any occupation” standard. It is essential to consult with a lawyer as soon as you receive a letter from an insurance company indicating that it intends to terminate your benefits due to the change in entitlement definition from own to any occupation.
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- Does my long-term disability benefit also cover things like medications and dental treatment?
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Most insurance companies do not pay such additional benefits under a long-term disability plan. However, your employer’s group benefits plan will often cover drugs and dental.
After you have been away from work for an extended time, employers may either discontinue your participation in the group benefits plan or require you to pay the premiums for your coverage. If your employment is terminated, your eligibility to participate in the group benefits plan will typically end.
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- What is the difference between short-term disability insurance and long-term disability insurance?
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Short-term disability benefits are available to you soon after you have become disabled. In general, the waiting period for applying for short-term disability benefits is between 0 and 2 weeks. An insurance company can provide short-term disability benefits, but more often, such benefits are paid by your employer directly.
Long-term disability benefits, on the other hand, usually only commence following a three to six-month waiting period and may be payable for months or even years, depending on the nature of your disability.
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- Is long-term disability insurance the same as employment insurance sick benefits?
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No, it is not. Employment insurance sick benefits is a short-term insurance program offered to claimants who have paid into the employment insurance program and are prevented from working at their occupation due to injury or medical condition. The waiting period under private or group long-term disability insurance (that is, the period you must wait before you are eligible for benefits) is often several months and varies based on the policy.
Moreover, long-term disability plans may cover you for many years and often provide coverage through age 65. Employment Insurance has a two-week waiting period. And then you were entitled to receive benefits for only 15 weeks. However, the federal government has recently signalled its intention to increase unemployment insurance sick benefits coverage from 15 to 26 weeks.
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- Is long-term disability insurance the same as Canada Pension Plan disability?
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No, long-term disability insurance is not the same thing as the Canada Pension Plan disability insurance. Private insurance companies typically offer long-term disability insurance under a contract with your employer to pay you a fixed percentage of your wage while you are disabled. The federal government offers the Canada Pension Plan (CPP) disability insurance program. It pays a certain amount considering the period over which you have paid into the CPP program. To be eligible for CPP benefits, you must have a mental or physical disability that regularly prevents you from doing any type of substantially gainful work, have a disability that is prolonged or of indefinite duration, or is likely to result in death.
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- What kinds of disabilities do long-term disability insurance policies cover?
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When people experience physical disabilities, it is generally easier to “see” the disability. Wearing a cast, using a walking aid such as a cane or walker, or having visible scarring are some examples of objective signs of disability. When a disability is not evident, such as mental health and chronic pain, it is harder to prove that an individual is suffering or incapable of working.
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- What are some common long-term disability policy terms?
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Although each individual policy has unique terms and requirements, there are four general criteria an long-term disability policyholder must meet to qualify for benefits:
- The claimant has a serious physical or mental condition;
- The condition in question is expected to last for at least one year or longer;
- The condition in question impairs the claimant’s ability to perform the duties of their current job;
- The claimant is up-to-date on paying their policy premiums.
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- The claimant has a serious physical or mental condition;
- What is a long-term disability insurance policy?
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Long-term disability policies exist to protect individuals who are unable to work due to a disability or illness by providing an income replacement benefit after regular sick leave and short-term disability benefits are exhausted. If you cannot work due to illness, accident, or injury for an extended period, you may qualify for long-term disability benefits through your employer's insurer or through your own private policy. Every long-term disability insurance policy is different.
To qualify for long-term disability benefits, you will have to meet the eligibility criteria outlined in your policy. This will include meeting the definition of “disability” that is described in your insurance policy and whether your disability prevents you from returning to your job or "any job".
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- Do I need a disability lawyer?
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If the following two scenarios sound familiar, then you may need a long-term disability lawyer:
- Your insurance claim for long-term disability benefits was originally approved by your insurer, paid for some period, and then denied or terminated.
- You have been fighting with your long-term disability insurer for months or even years over its denial of your long-term disability claim, and you have gotten nowhere but frustrated and sick.
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- Who typically pays the bills following a truck accident?
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Ontario law requires all licensed drivers to carry no-fault auto insurance coverage known as Statutory Accident Benefits Schedule (SABS). A motorist who survives a truck crash may pursue compensation for their medical bills and lost wages through an auto insurance claim. If another driver is at fault, a truck accident lawyer can help to pursue a civil claim against driver and/or their employer if applicable. For example, if a truck driver’s intoxication or their employer’s unlawful pressure to meet deadlines cause a trucking accident, an injured motorist may have the option to file a tort claim for damages if their injuries meet Ontario’s severity threshold.
A civil lawsuit can provide monetary compensation for damages that are not covered through SABS, such as pain and suffering and loss of enjoyment of life. One of our lawyers can help ensure that you make the most of either legal option and maximize your chances of success.
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- What are some common commercial truck accident injuries?
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Some of the severe injuries that are common with trucking accidents include:
- Broken bones;
- Internal bleeding;
- Severe burns;
- Amputation;
- Traumatic brain injuries;
- Paralysis;
- Spinal damage;
- Lacerations;
- Whiplash;
- Wrongful death.
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- Broken bones;
- What are some damages that a wrongful death lawyer at Gluckstein Personal Injury Lawyers can help you recover?
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Some damages that a wrongful death lawyer can help pursue through a wrongful death claim include:
- Loss of income the decedent would have provided in the future;
- Expenses for medical care, travel, and other obligations taken on by surviving family members as a result of their loved one’s passing;
- Reasonable funeral and burial expenses;
- Loss of household and handyman services;
- Loss of care, companionship, and guidance.
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- Loss of income the decedent would have provided in the future;
- Who can pursue a wrongful death claim?
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In cases where an accident causes someone to suffer an untimely passing, the right to file suit transfers to their immediate surviving family members and dependents, including:
- Spouse;
- Children;
- Parents;
- Siblings;
- Grandchildren;
- Grandparents.
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- Spouse;
- What are some accidents that commonly lead to unexpected deaths?
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Some common accidents that lead to unexpected deaths are:
- Car accidents;
- Motorcycle collisions;
- Truck crashes;
- Unsafe work environments;
- Medical malpractice;
- Bicycle crashes;
- Defective product injuries.
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- Car accidents;
- What are the steps in a wrongful death claim?
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First, pleadings are drafted. This includes assessing pecuniary (calculable) damages.
Once all parties involved are served with notice of the action, documentary and oral discoveries occur.
Facts critical to assessing the case are gathered. In certain jurisdictions mandatory mediation is set in advance of a pre-trial conference to settle issues.
If mediation is unsuccessful, usually a judge uses the pretrial conference to attempt to settle the case or at least create a trial management plan.
The case will then proceed to trial if necessary, either before a judge alone or a judge and jury.
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- What will legal action cost? What will I have to pay?
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Generally, there are no costs to our clients throughout the course of litigation. Our firm carries the cost of litigation and any disbursements. When your matter is resolved either through settlement or at trial, our firm will take a portion of the settlement for our fees and disbursements. Our lawyers will explain the retainer and fee arrangements clearly at the initial consultation. We believe that you should not need to be independently wealthy to access justice for harm caused to you.
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- How will I find out what happened to my child that caused a birth injury?
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Our lawyers will use a combination of resources to determine what happened in the context of a birth or perinatal injury.
We will start the investigative process by obtaining the medical records and by gathering information from our clients.
We will then seek out the most appropriate medical and non-medical experts to interpret and provide opinions and expertise as to whether there was a breach of the standard of care, whether that breach caused or contributed to the injuries, and the extent of the injuries suffered.
Throughout the litigation process, we will receive further evidence as to what happened through the exchange of documents between parties and through the Examination for Discovery process.
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- How long do I have to file a lawsuit if I suspect my child has sustained a birth injury or perinatal injury?
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Typically, in Ontario, you have two years from the day which the injury occurred, the day you discovered that the injury had occurred, or the date you ought to have reasonably known about the injury to bring a lawsuit for a personal injury claim. In the case of a birth or perinatal injury, the limitation period does not start until the child reaches the age of majority, which in Ontario is 18 years old. The limitation period can be delayed even further if, when the child reaches the age of majority, he or she remains legally “incapable” of commencing litigation because of a physical, mental, or psychological condition. In this case, the limitation period does not begin to run until a Litigation Guardian is appointed for the purposes of the lawsuit.
It is best to contact a lawyer early to ensure that proper steps are taken and that deadlines are not missed. You do not have to retain a lawyer right away, but it can be helpful to learn about your legal rights early.
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- What do our birth trauma lawyers do?
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If you believe your child or grandchild has suffered a preventable birth injury we can help make that determination. We start by meeting with you to get the facts. We then obtain all the relevant medical records and perform a detailed and comprehensive review. Where indicated, we will consult with highly qualified, respected and independent doctors to get the answers you need and deserve.
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- What are birth injuries?
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A birth injury is harm caused to a fetus or newborn baby during pregnancy, labour, delivery or in the period shortly after birth. Most birth injuries are related to a disruption in blood flow to the fetal brain, although other forms of trauma also occur at or around the time of birth. If severe enough, the impaired flow of oxygen can cause permanent injury resulting in a diagnosis of Cerebral Palsy.
Unfortunately, Cerebral Palsy is a permanent injury to the brain that often results in severe motor dysfunction, cognitive impairment and developmental delays. It can also affect vision and hearing and can often cause seizures. Cerebral Palsy resulting from birth trauma will have a dramatic impact on many aspects of a person's life. They will have need for care, therapies and/or surgical interventions, often for life.
Other common birth injuries include:
- Shoulder dystocia;
- Fetal and neonatal stroke;
- Kernicterus;
- Meconium aspiration syndrome;
- Negligent resuscitation of a newborn;
- Trauma from extraction tools.
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- How long should I expect my medical malpractice case to take to resolve?
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The particular circumstances behind the medical malpractice injury will often determine how long a case will take. When liability is clear and the extent of the injuries is well known and unlikely to change, sometimes settlements are reached prior to launching a claim. In many cases, however, it can take about five years to reach a settlement and an average of seven years for a court decision. Some decisions also go on to appeal. While this time frame may be disappointing, it often takes time to adequately determine the extent of injuries and build a strong case that encourages a settlement you deserve or favourable court judgment.
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- Why choose a medical malpractice lawyer from Gluckstein Personal Injury Lawyers?
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Our medical malpractice team has a nation-wide reputation for excellence and is frequently consulted to act in cases across Ontario and Canada. Our team includes lawyers with over three decades of experience, who are recognized as leaders in this field by their peers.
Our group has investigated and handled thousands of medical malpractice cases involving surgical error, misdiagnosis, medication errors, delayed treatment, and improper treatment. We handle every kind of medical malpractice claim that might arise from substandard medical care. In particular, we pride ourselves on our extensive experience in cases involving injury to children occurring at or around the time of birth (i.e., birth trauma cases).
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- How do the medical malpractice lawyers at Gluckstein Personal Injury Law help establish negligence in a medical malpractice case?
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Doctors must adhere to a medically accepted standard of care that is reasonably expected of all healthcare professionals. This prevents legal claims in cases where a physician acted reasonably to diagnose or treat an illness or injury to the best of their ability.
To prevail in a medical negligence claim, an injured or sick patient must prove that their physician’s or surgeon’s failure to meet the standard of care directly caused their medical injuries. An experienced medical malpractice lawyer at Gluckstein Lawyers can review a claim for medical malpractice with the assistance of medical experts and gather evidence of instances of actionable negligence.
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- How do I know if I have a medical malpractice case with merit?
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The first thing every client needs to know is whether there is merit to their case. Not all adverse medical outcomes are due to medical error or negligence. Our team of lawyers carefully and painstakingly evaluates every medical malpractice case we take on through a detailed review of the issues and records. A consultation with some of the most qualified medical experts in both Canada and the United States often follows based on what is discovered.
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- What is a limitation period? How will it affect my medical malpractice action?
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Generally you have two years from the date you knew or 'ought to have known' that you were injured by medical malpractice. In some cases it's very clear when an injury occurred. In other cases you may only learn about the extent of your injury or what caused it months or even years after the negligent action or inaction that caused you harm. After any poor medical outcome, it is worth contacting a medical malpractice lawyer to understand your rights and whether you should ask for a second opinion.
For children who are injured, the two year limitation period only begins after they turn 18 unless a parent or guardian signs an “Affidavit of Litigation Guardian”. The limitation does not apply to a person without the capacity to make a claim, unless they have a litigation guardian.
Finally, with the exception of minors or people without the capacity to make a claim, 15 years after the date of the medical error or act of omission no claim can be filed, even if you only became aware of the medical medical after that period.
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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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- What can I expect from Gluckstein Personal Injury Lawyers?
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With 60 years of experience helping personal injury victims and their families, Gluckstein Personal Injury Lawyers have earned our place as a Top 10 ranked personal injury law firm in Canada. If we take your case, it is because we believe that there is a reasonable chance that we can help you to receive financial compensation for your injuries or disabilities. Read our testimonials to learn more about our commitment to full-circle care and how we put our clients first.
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- How can a personal injury lawyer help me?
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If you have suffered an injury due to the fault of another it is important to know your rights before making any big decisions. When you contact Gluckstein Personal Injury Lawyers for your no-obligation free consultation, we will help explain the various options you have based on your unique circumstances.
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- What does a personal injury lawyer do?
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A personal injury lawyer provides legal services to victims who have suffered injury as a result of someone else’s negligent, intentional, or reckless conduct. These services can include representing you and your interests in settlement negotiations with the at-fault party’s insurance company, ensuring that your insurance company continues to provide you with disability benefits for as long as you are entitled to receive them, and, if necessary, representing you in court or other proceedings.
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- What are my legal rights following a bus accident?
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Whether you were a pedestrian, cyclist, motorist or bus passenger, you have legal rights following a bus crash. You may be eligible for Statutory Accident Benefits Schedule compensation and/or damages if you were not at fault. Compensation and damages can include:
- Pain and suffering;
- Loss of income (past and future);
- Housekeeping needs;
- Your family or partner’s care and nursing and the impact on your relationship;
- Rehabilitation and medical needs; and
- Any assistive devices you may need to hasten your recovery.
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- Pain and suffering;
- What is medical malpractice law?
- Medical malpractice law is the area of law dealing with the negligent professional conduct of health care providers including doctors, nurses, hospitals, dentists, etc. If you, or someone you know, was injured or killed as a result of medical treatment, you may have a claim for medical malpractice. Get More Information
- Why do I need a personal injury lawyer?
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When you've suffered a serious injury you may find yourself feeling confused, scared, or unsure of what to do. Regardless of how you were injured, an experienced personal injury lawyer can help answer many of the questions you may have.
Gluckstein Personal Injury Lawyers will listen to your story with great empathy and explain your rights and options. If you or a loved one were hurt in a motor vehicle accident, as a result of the negligence of a property owner, or by a medical professional, you may be eligible to make a claim for compensation and damages. Trust our team to help you make an informed decision about what to do next so you can move forward confidently.
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- Do I have a choice in whether I participate in the Class Action?
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If the court decides that you fall within the definition of the alleged wronged parties who were affected by the negligence of a defendant(s), you are automatically considered to be in the Class Action. That said, you have the right to opt out of the Class Action if you choose to do so. There will be a limited period of time for you to opt out, and this will be indicated in the certification order sent out after the proceeding is officially certified by the court.
However, be aware that once you opt out, you are no longer entitled to be included in any settlement given to class members if the case is resolved.
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- How can I protect myself and my rights during the Class Action process?
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While the suit is in progress, it is in your best interests to keep records any and all information and correspondence for the suit. We also advise that you keep records and appropriate documents which indicate any additional costs you have incurred as a result of your injury.
We also suggest that you do not have any further correspondence with the defendant(s) in the suit without first consulting your legal representative.
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- Do I need to pay any fees to join a Class Action?
- There are generally no costs to our clients throughout the course of the suit’s litigation. We carry any associated costs throughout litigation. When the suit is resolved either through settlement or trial, our firm receives a fraction of the settlement to cover the costs we incurred during the process to reach resolution. This will be clearly explained by our lawyers during your initial consultation with us. Get More Information
- What do I have to do to join a Class Action?
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You don’t have to do anything directly to join a Class Action. The nature of the suit and the requirements for class membership are defined by a court order, and if you fall within the definition which is approved by the court, you are automatically included, unless you choose to not be involved in the suit or decide to pursue legal action on your own.
There may be a need for you to provide certain information if the Class Action is resolved in your favour, in order for you to receive your portion of the settlement.
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- Should I talk to the insurance company before I talk to a lawyer?
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It is in your best interest to talk to a lawyer first. A Personal Injury Lawyer will explain your rights and let you know what to expect from the insurance company. He or she will also speak to the insurance company on your behalf.
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- What if I’m at fault in a car accident?
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Even if you’re at fault in an accident, you may be entitled to benefits. If you suffered a serious injury, those benefits could be substantial.
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- Are there timelines to apply for a claim?
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You have 7 days from the date of your accident to notify the insurance company you intend to make a claim
Within 30 days from receiving the accident benefits forms from your insurance company, you must complete and submit them.
You have 120 days from the date of your accident to let the person responsible for your injuries know you are going to start a lawsuit.You have 2 years from the date of your accident to start a lawsuit.
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- I can’t work because of my injury. How will I pay for a lawyer?
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At Gluckstein, we know how difficult emotionally and financially an accident can be for you and your family. We work diligently to win a settlement. No fees are payable by you until your claim is won or a settlement is reached.
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- What happens if, due to the injury, an injured person isn’t able to sign documents or make decisions?
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If a person is seriously injured where they cannot make decisions, the family may make decisions on their behalf. A Personal Injury Lawyer at Gluckstein can assist you with the process of appointing a substitute decision maker for the injured person.
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- The forms look complicated. How do I complete them?
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The process for completing accident benefit forms can be complicated and difficult. At Gluckstein, our Law Clerks will help you complete the forms and guide you through the process.
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- I can’t work because of the accident. How will I pay medical bills and provide for my family?
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A Personal Injury Lawyer from Gluckstein will help you understand your rights and the benefits you’re entitled to receive. Depending on your circumstances, there are benefits available to replace lost income, pay medical costs, rehabilitation costs, attendant care costs and pay childcare providers.
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- What if the accident happened while I was working?
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A Personal Injury Lawyer from Gluckstein will help you determine whether to pursue the claim through the insurance company or the Workplace Safety Insurance Board (WSIB).
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- Who chooses the case manager or treatment professionals for my rehabilitation?
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It is your right to choose the case manager and any treatment professionals who’ll help you during your rehabilitation. If you don’t know who to approach, we’ll gladly provide you with contact information for organizations and professionals so you’ll be sure to get the help you need.
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- Will you continue to advocate for me and my family after the case has settled?
- Our law firm will work to advocate for you for related-issues, even after the case has settled. We consider our relationships with our clients to last longer than just the span of their personal injury claims. If issues arise that we cannot assist with, we will work with our clients to ensure that we find someone who can. Get More Information
- How are the fees and disbursements structured and does the firm have the resources to see the case through to the end?
- Clients who have suffered Personal Injuries or illness are usually under great financial and emotional stress. We understand that legal fees are the last thing that they want to think about. In the majority of matters, we do not ask our clients to provide any upfront fees. We receive payment only when your case has settled, or you have been awarded money at trial. At your free initial consultation, you will be fully informed by our lawyers about our legal fees. Get More Information
- Do the lawyers at Gluckstein Personal Injury Lawyers author articles and/or books?
- Our personal injury lawyers frequently publish articles on legal topics of interest for the general public, our clients and other lawyers in the form of blog posts and other legal publications. Get More Information
- Does Gluckstein Lawyers lecture on personal injury law, insurance law or advocacy?
- Our personal injury lawyers regularly speak and present on substantive and topical issues relating to personal injury law, insurance law and advocacy generally, drawing directly on their wealth of experience. Get More Information
- Do you have an in-house medical consultant involved with personal injury cases?
- Dianne Henderson is a Registered Nurse and our in-house medical consultant. Gluckstein Personal Injury Lawyers’ priority is to ensure that our clients get the best treatment possible in order to maximize their recovery. Our in-house medical consultant is vital in the process as she is available to provide medical insight to our lawyers as well as advocating for, and coordinating with, the best medical care for our clients. Get More Information
- Are you recognized by the Law Society of Ontario as a specialist in civil litigation?
- Yes, many of our lawyers have been recognized as Certified Specialists in Civil Litigation by the Law Society of Ontario. Get More Information
- Will Gluckstein Personal Injury Lawyers take cases to trial if a fair resolution cannot be negotiated?
- Our team will ensure the best possible result for every client, whether that comes from a settlement or from a trial. If a client’s case cannot be fairly resolved through the negotiation process, at mediation or otherwise, our lawyers will advocate for fair compensation at trial. Gluckstein Personal Injury Lawyers has tried cases before judges, juries, arbitrators, and administrative panels around Ontario. Get More Information
- Have you taken on cases like mine before? How many? What were their outcomes?
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Our law firm focuses on all areas of plaintiff-side personal injury law and has a diverse team of lawyers who have the experience to assess and handle most types of claims. While no two cases are the same, chances are we have handled a similar case to yours.
If you have any questions about what we do, and whether we can help with your legal issues, contact us as soon as you can for a free consultation.
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- Is Gluckstein Personal Injury Lawyers able to properly assess my injuries and legal issues?
- Our lawyers and law clerks are pleased to meet with potential clients to learn more about their situation and to discuss legal rights and obligations. We use this information in combination with medical records to determine the issues in question and to assess the injuries. Our in-house medical consultant provides our firm with the medical expertise to assist our legal professionals in properly assessing our clients’ injuries and to help advocate for them. Get More Information
- What are Gluckstein Personal Injury Lawyers’ areas of specialization?
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We focus on a number of areas within personal injury litigation. Our specializations lie primarily within:
- Motor Vehicle Accident Law
- Medical Malpractice Law
- Birth Injury Law
- Long-Term Disability Law
- Brain Injury Law
- Spinal Cord Injury Law
- Wrongful Death Law
- Slip and Fall Injury Law
- Product Liability Law
- Class Action Law
Visit our Expertise page for more information regarding the subsections of personal injury law.
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- I do not speak English well. Will you take my case?
- Many of our staff speak multiple languages such as Mandarin, Cantonese, Farsi and Portuguese. If we do not speak your language, we will find a translator to help communicate. Get More Information
- When should I contact a lawyer?
- You have two years in Ontario within which to bring a lawsuit for a personal injury claim. It is best to contact a lawyer early to ensure that proper steps are taken and that deadlines are not missed. You do not have to retain a lawyer right away, but it can be helpful for you to learn about your legal rights early. Get More Information
- What am I entitled to?
- If you or a loved one has suffered a personal injury, you may be entitled to damages for pain and suffering, loss of income, and cost of past and future care, to name a few. This varies from case to case and depends on a number of factors. Our lawyers will explain what you may be entitled to in your initial consultation. Get More Information
- How long do you expect my personal injury case to take before it is resolved?
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Litigation is a long process and every case is different. There are common stages to all Ontario personal injury actions, including:
- Starting a lawsuit (issuing a statement of claim): This must be done within two years of the date of the incident.
- Examinations for discovery: This generally occurs within about a year of the commencement of the lawsuit.
- Mediation: This generally occurs within about a year of the Examinations for Discovery.
- Pre-trial conference: This can occur within about a year of the Mediation.
- Trial: This can occur anywhere from 3 to 5 years after the lawsuit has been started.
A claim can settle at any point throughout this timeline.
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- How much does it cost to hire a personal injury lawyer?
- Generally, there are no costs to our personal injury clients throughout the course of litigation. Our law firm carries the cost of litigation and any disbursements. When your matter resolves either through settlement or at trial, our firm takes a portion of the settlement for fees and disbursements. Our lawyers will explain the retainer and fee arrangements clearly at the initial consultation. Get More Information
- How do I know if I have a personal injury claim?
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Depending on the nature of your personal injury claim, there are a number of issues to be assessed. Broadly, a claim will involve three elements: (1) liability, (2) causation, and (3) damages.
Feel free to contact a member of our firm to assist you in understanding how your situation fits within these categories.
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- What is personal injury law?
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Personal injury is an area of law that deals primarily with negligence in tort law. Personal injury law is comprised of different subsections of law, including:
- Motor Vehicle Accident Law
- Medical Malpractice Law
- Birth Injury Law
- Long-Term Disability Law
- Brain Injury Law
- Spinal Cord Injury Law
- Wrongful Death Law
- Slip and Fall Injury Law
- Product Liability Law
- Class Action Law
Visit our Expertise page for more information regarding the subsections of personal injury law.
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