FAQs

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.

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.

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.

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.

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:

1. 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.
   
2. 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.
   
3. 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.
   
   
4. 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.
   
   
5. 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.
   
   
6. 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.
   
   
7. 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.
   
   
8. 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.
   
   
9. 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.
   
   
10. 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.

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:

1. Musculoskeletal Disorders: Conditions affecting the muscles, bones, joints, and connective tissues, such as chronic back pain, arthritis, osteoporosis, and fibromyalgia.
   
   
2. Mental Health Disorders: Including depression, anxiety disorders, bipolar disorder, post-traumatic stress disorder (PTSD), schizophrenia, and other psychiatric conditions that impair daily functioning.
   
   
3. Neurological Disorders: Such as multiple sclerosis (MS), Parkinson's disease, epilepsy, Alzheimer's disease, and other conditions affecting the brain and nervous system.
   
   
4. Cardiovascular Disorders: Including heart disease, congestive heart failure, arrhythmias, and other cardiovascular conditions that impact physical functioning.
   
5. Cancer: Various forms of cancer, including leukemia, lymphoma, breast cancer, lung cancer, and other malignancies that require extensive treatment and cause disability.
   
6. Autoimmune Disorders: Such as lupus, rheumatoid arthritis, Crohn's disease, ulcerative colitis, and other autoimmune conditions that result in chronic symptoms and limitations.
   
7. Chronic Pain Syndromes: Conditions leading to persistent pain and discomfort, such as migraines, complex regional pain syndrome (CRPS), and neuropathic pain disorders.
   
8. Respiratory Disorders: Including asthma, chronic obstructive pulmonary disease (COPD), emphysema, and other lung conditions that impact breathing and physical exertion.
   
9. Endocrine Disorders: Such as diabetes, thyroid disorders, adrenal insufficiency, and hormonal imbalances that affect overall health and functioning.
   
10. 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.

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:

1. 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.
   
2. 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.
   
3. 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.
   
4. 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.
   
5. 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.
   
6. 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.
   
7. 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.
   
8. 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.

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:

1. 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.
   
2. 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.
   
3. 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.
   
4. 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.
   
5. 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.
   
6. 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.
   
7. 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.
   
8. 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.
   
9. 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.

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.

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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.)

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. 

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.

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.

Yes. The class action is solely related to cultural losses, not individual losses, or harm from physical, emotional, or sexual abuse.

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.

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

Medical malpractice cases usually deal with:

1. Misdiagnosis;
2. Surgical errors;
3. Failure to treat a condition properly;
4. Birth injuries; and
5. Prescription medication errors.

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.

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.

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.

Common accidents that injure children include:

• Motor vehicle accidents;
• Slips, trips and falls;
• Drownings;
• Suffocation;
• Poisoning;
• Burns, wounds and infections;
• Medical malpractice; and
• Violence.
  

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. 

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

We have been taking legal action on behalf of seriously injured individuals for more than five decades.

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.

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.

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.

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.

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.

If your chronic pain results from an injury caused by negligence or fault, your compensation in a lawsuit should account for the chronic pain.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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. 

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.

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.

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".

If the following two scenarios sound familiar, then you may need a long-term disability lawyer:

1. Your insurance claim for long-term disability benefits was originally approved by your insurer, paid for some period, and then denied or terminated.
2. 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.