Articles Posted in Insurance

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Stop using exclamation marks! I can hear (read) you loud and clear. Yes, I know the Toronto Raptors have now won 2 games in a row. Yes I know they beat Phoenix and Utah on back to back nights. Yes I know that Andrea Bagnani deserves some All Star consideration if he can stay healthy. I can’t believe it either. But seriously, we have some more pressing matters to attend to.

Every day, I get calls from prospective clients inquiring about whether or not I can help them with their long term disability claim. I hear the same story. I’m hurt. I can’t perform my job. I’ve applied for Short Term and Long Term Disability Benefits. I’ve been denied. Now I’m not getting paid and money is running out. I’m scared. I’m worried. I’m in pain and I have no source of income. What can I do?

My advice aside from buying a guaranteed winning lotto ticket is to get a personal injury lawyer. If you’re in a non-unionized workplace, or if your long term disability benefits are not governed by your collective agreement, a personal injury lawyer like Brian Goldfinger personal injury lawyer to the stars in Toronto can help.
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Car insurance is expensive and complicated. It’s the last thing people think about when purchasing a new vehicle. It’s also the last thing which personal injury lawyers want to write about, and explain to people. I’m asked all the time, why it’s necessary to have car insurance if you don’t plan in getting to a car accident. Well, nobody plans to get in a car accident, unless you’re a fraudster who stages car accidents in Toronto; drive Monster Truck or your name is Evel Knievel.

For starters, having car insurance is the law in Ontario. If you drive a car, truck, van or motorcycle, the Insurance Act requires that you have a valid policy of car insurance. If you’re driving a car or motorized vehicle without a valid policy of car insurance, then you’re breaking the law and putting yourself at enormus risk. If you’re driving with a policy of car insurance which has expired, then you’re driving with no insurance.
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Got car insurance: Check Got a car: Check Driving the car in Ontario: Check Seat Belt on: Check Following the rules of the road: Check Crash Boom Bang Car Accident resulting in serious personal injuries requiring a personal injury lawyer: Got Goldfinger Injury Lawyers: Check
Alright. So what’s next? Let’s only focus on the accident benefit part of this claim and NOT the tort part. The tort part is a completely separate process and won’t get you immediate money. Accident benefits were designed by the government and insurance companies to get injured accident victims money in their time of need regardless of whose fault the accident was. This is why we pay for insurance right?
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It’s the holiday season! Time to get together with family, friends and loved ones and celebrate what matters most.

This holiday season, you’ll notice a few changes to the Goldfinger Injury Lawyers website. Number 1: It’s got a new look, new content and a new layout. We want to keep things “fresh” for the new year so we can keep up with the latest in personal injury, traumatic brain injury and legal car accident news and developments in Ontario.

Number 2: We also have a new look and a new feel for our blog. Let us know what you think about it.

Diving in to our reader mailbag, I have a question from Brett in Toronto. Brett asks:

“Brian, Merry Christmas to you and the team at Goldfinger Injury Lawyers. What is it you want for Christmas this year?”
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Our office gets a number of calls every week from people wanting to know if they qualify for Long Term Disability (“LTD”) benefits; how they can make a claim; or just how their LTD policy works.

This article in intended to give you a bit of help in better understanding the complicated world of Long Term Disability Benefits.

    LONG TERM DISABILITY BENEFITS: WHAT ARE THEY?
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In the case of Keam v. Caddey, the Ontario Court of Appeal ordered that the insurance company pay to the Plaintiff $40,000 in ADDITION to damages for pain and suffering because the insurance company REFUSED to participate in the mediation process before the case went to trial. The Insurance Act REQUIRES that parties in a car accident case MEDIATE the disputes before it goes to trial. Our legistlature has also called for Mandatory Mediation in certain provincial jursidictions, like Toronto. The Ontario Court of Appeal found that the insurance company’s hard ball tactic of REFUSING to MEDIATE warranted a $40,000 penalty against the insurer.

The Honourable Justice Kathryn Feldman writing for the Ontario Court of Appeal stated “it is this approach that the legislature has disavowed by making mediation mandatory.”

My comments about this decision were quoted in the recent edition of the Law Times Journal. The link to the article is:

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When you think about car insurance, it probably makes you gag or fall asleep Seriously! Who wants to hear about things like deductibles, benefits, premiums or the Insurance Act. It’s all a bore.

Our government has made Ontario’s Car Insurance so dense, so thick, and so complicated that changes to the Insurance Act aren’t even made within the Insurance Act anymore. Instead, they’re made into separate “Schedules” which are completely different Acts in and of themselves Genious!

These “Schedules” are called the Statutory Accident Benefits Schedule or SABS for short. There are SABS for accidents on or after January 1, 1994. There are separate SABS for accidents on or after November 1996. There are separate SABS for accidents on or after December 2002. There are separate SABS for accidents on or after September 2010. Get the picture? Now who on earth has the time or the patience to go over this, know where to find the updated SABS or even understands what the SABS are trying to talk about. I can tell you this. They aren’t in plain to understand English that’s for sure. Try taking them to your local MPP and ask for their help in interpreting them. They’ll be as dumbfounded as you. But it’s the MPPs and our government who are the architects of the SABS…go figure…

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Car Accident Injury more than meets the eye.Ontario has a very complicated accident benefits system for car accidents. Car accident lawyers have to keep up with the changes in the laws, which occur regularly.

If you or a loved one has been hurt or injured in a car accident, you are allowed to claim accident benefits. For some, the most important group of accident benefits are those relating to income, caregiver and non-earner benefits. All of these benefits represent money which is potentially available to you in the event that you are not able to lead a normal life as a result of your car accident.

The thing that insurance companies DO NOT tell you, is that you have the right to chose which benefits you would like. This is called an “election”, and there is a special form that you must complete in order to elect one of these three benefits. If you DO NOT elect one of these three benefits, then the insurance company will pick a benefit for you; and it will likely be a benefit which is advantageous for them, and not for you.

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One of the most important things for an accident victim to understand when pursuing their personal injury case is how the laws of damages apply to their individual case. The laws of damages are very important, because at the end of the day, how damages work has a direct impact on how much compensation an accident victim will receive at the conclusion of their personal injury case.

One of the examples that we use to illustrate the importance of how the laws of damages impact personal injury cases, is providing the example of what if Superman were involved in a car accident?

One nice summer day Superman is crossing the street as a pedestrian on his way to the local library. Suddenly and without warning, a drunk truck driver runs a red light and crashes directly into Superman; while Superman is crossing on a green light in between a cross walk. The accident is clearly not Superman’s fault.

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Many people who have been hurt or injured in an accident ask me why they should contact a lawyer. What will a lawyer do for me that I cannot do for myself?

The answer is simple. A personal injury lawyer will protect your rights to ensure that your claim is protected and to ensure that you are not taken advantage of by the insurance company opposite your claim.

For many, a traumatic accident such as a high speed car accident or bicycle accident represents the first time that they’ve experienced dealing with a serious personal injury claim. As a first time accident victim, you will not have any idea where to start.

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Toronto, ON M2N 1M9
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