Articles Posted in Insurance

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What’s an Examination for Discovery?

This is an opportunity for the lawyer for the insurance company to ask you all sorts of questions, while under oath, about your accident case.

It’s called an Examination for Discovery because the purpose of the exercise is to “discover” more about you, your injuries, the accident, and your case.

It’s the first, and likely the only time that the lawyer for the insurance company will get to meet with you, face to face, and ask you questions under oath. It’s important to make a good impression at discovery. Why you ask? Well, if you don’t present well, or if you don’t come off as a likeable, credible, or geniune person, then it’s likely the lawyer for the insurance company will report this back to his principals. They will likely devalue your case, or make it a more difficult one to settle.
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Did you know that if you’ve been involved in a car accident, that there’s a $30,000 deductible for your pain and suffering claim? That means the first $30,000 of your pain and suffering award essentially vanishes. NOTE: This deductible does NOT apply to claims over $100,000.

Also of note, before September 1, 2010, the $30,000 deductible was $15,000; meaning it doubled overnight. In the 1980’s, there was NO DEDUCTIBLE whatsoever.

Some people call my office telling me they’ve been seriously injured in a car accident. When our law firm explains to them how the deductible works for car accident law in Ontario, you can hear their jaws drop to the floor. I mean literally, drop to the floor.

Who on earth would implement a law which says that the first $30,000 of your pain and suffering claim is essentially worthless. Our government; that’s who. But who do you think suggested that our government bring in these laws. It’s sure as not your neighbour who did; because your neighbour doesn’t know and doesn’t really care about how car insurance works.
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I want my Court date NOW.

I want to my trial NOW.

I want my case settled NOW.

I want justice NOW.

But I don’t want to pay a dime to my lawyer. Or, I’ve paid my lawyer lots of money, but I haven’t seen my case progress whatsoever and I want to see some results already!

These are common demands of litigants in Ontario’s civil justice system. Such demands don’t only come out of car accident, brain injury, or motorcycle crash cases. All litigation lawyers see such demands from their clients in a wide array of civil disputes. Patience, persistence, a good contingency fee lawyer or very deep pockets have now become hallmarks of our legal system.

Our Courts are slow. Procedures are long and drawn out. Discoveries take years to schedule. Good luck getting a trial date in Toronto. Don’t believe me? Read it for your self directly from a Judge sitting right here in the Toronto Superior Court of Justice.
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Let me preface this Toronto Injury Lawyer Blog Post by stating that I have nothing against insurance adjusters. Really. I don’t. It’s a job. The work is steady. The hours are probably ok. The so called “work-life” balance is there. Pay is good. Benefits gotta be good if you’re working for an insurer.

We get calls at our office from people who have recently been involved in all sorts of accidents. Car crashes, motorcycle accidents, dog bites, slip and falls. You name it. Our law firm hears about it.

People call us in a panic. Sometimes it’s because their lives have been traumatized on account of the accident. Sometimes it’s because they’re in shock. But most times it’s because they fell overwhelmed at what their next step is. The most common question we get is “WHAT AM I SUPPOSED TO DO NEXT!?!?!?!“.
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What’s new in the world of Long Term Disability Law in Ontario? Well, I’m glad you’ve asked.

Not to sound like an insurance salesman, but have you even given any thought to what you would do if you found yourself in the terrible position of being so sick, or so injured that you can no longer work?

Canada Pension Plan Disability Benefits only cover so much. ODSP payments are also very limited. Your EI will expire after around 8 weeks or so. Cashing in RRSPs is a tough pill to swallow.

That’s were Short Term and Long Term Disability Insurance comes in. Critical Illness Insurance may also apply.

At our law firm, we see things when the bad stuff hits the fan so to say. When things go wrong recovering STD/LTD benefits, people call us. We see lots of crazy, and not so crazy stuff. The purpose of this Toronto Injury Lawyer Blog post is to give you a better understanding of what Courts are saying with respect to handling these claims, along with the changes we are seeing on behalf of insurers in the industry. Some of the big names which provide LTD and STD insurance are Manulife, Great West Life, SunLife, Industrial Alliance, Desjardins, Canada Life, SSQ and Standard Life.
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This has been an interesting month at our offices. I can honestly say, that we’ve come across some very peculiar questions this past month at our Toronto, London and Peterborough offices. We do our very best to answer all of your questions, and I’d like to share some of those queries with you, our Toronto Injury Blog readership. NOTE: We’d like to thank our readership for your on-going support and words of encouragement. I’m always amazed by the amount of people who keep up with our blog and derive a benefit from it.

So, without further a due, here are some of the top questions we’ve heard at Goldfinger Injury Lawyers for the month of May:

1. HOW CAN I BECOME A CLIENT OF GOLDFINGER LAW?
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When you open a new bank account, often the bank will try to sell you on purchasing additional insurance. Sometimes, that insurance is complementary. Be careful.The same can be offered through your workplace. People think that their job comes with benefits. But when those policies and benefits are further examined, we quickly learn that those policies and benefits don’t cover everything you thought they did. The effect is that it creates false sense of security for policy holders that they are protected, when in fact, they aren’t.

I’ve had lots of people tell me that their employer or their credit card covers them for accident insurance. Then, while on a beautiful Carribbean vacation, they get in to a catastrophic car accident. You or a loved one might have broken some bones, or got pretty badly hurt. You figure that your medical bills will be taken care of. But, upon arrival at the hosptial, it turns out that your bills are NOT covered by insurance.
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Our law firm handles a wide variety of short term, and long term disabilty claims. The insurance companies we go up against in these cases are well known to our lawyers as we have dealt with them on countless occassions. Large, deep pocketed insurance companies such as Great West Life, Manulife, SunLife, Desjardins, SSQ, Standard Life, Industrial Alliance, Canada Life, RBC Insurance and BMO Insurance are some of the most common LTD and STD carriers we see.

Time and time again, we also observe people being taken advantage of by their insurance company. We want this to stop, and we want you to better understand what it takes to win a difficult LTD or STD action. That’s why this Toronto Injury Lawyer Blog Post will be devoted exclusively to Long Term and Short Term Disabilty Claims. If after reading this blog post, you still have questions about these sort of claims, don’t hesitate to contact the offices of Goldfinger Injury Lawyers for your free consultation with one of our attorneys. Our offices are located in Toronto, London and Peterborough. If you can’t make it to one of our three offices, then we would be happy to meet with you at a place more convenient to you.
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Lots of injury and insurance lawyers across Ontario have been looking for some guidance with respect to what sort of cases rightly, or wrongly fall in to the Minor Inury Guideline or MIG as it’s known in the industry.

If you’ve never heard of the MIG, that’s ok. You’re not alone. Probably 99% of Ontarians have never heard of it, despite of the fact that it now applies to 100% of insured motorists in the province.

After a car accident, people are entitled to no fault benefits from their car insurer. These no fault or accident benefits are intented to help the accident victim get better following the collision. They pay for such things as physiotherapy, massage, chriopractic care, occupational therapy, speech language therapy, or just a gym membership.

The MIG was introduced by Ontario’s Provincial Government and took place effective September 1, 2010. Insurers and their lobbysists pushed for its introduction. Essentially, it allowed insurance companies to cut your medical and rehabilitative benefits from $50,000 down to $3,500. The justification for this was that insurers were paying too much to litigate matters, too much on rehab following car crashes, and spending too much money on fraud. Here is a copy of the MIG
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Clients are constantly asking me for the best way to get the insurance company to pay for treatment following an accident.

There are no quick and dirty legal answers to this question, but there are certainly a few routes which need to be explored. While we have a great OHIP system here in Ontario, some forms of treatment simply aren’t covered by OHIP, or they take far too long to get via the public system.

The first question one must ask is whether or not you have private medical benefits offered through your employer, or a private insurance plan. Some people have work coverage for up to $500 in massage, physio, chiro treatment etc offered through their workplace. This would be your first source of recovery for treament funding, regardless of whether or not you’re entitled to accident benefits or not. Under the Insurance Act, the law requires that your first exhaust your private or “collateral benefits”, before you can even touch your accident benefits via Ontario’s complicated No Fault Accident Benefit Regime.
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