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FAQ – Long Term Disability

injury lawyers since 1959

Disability Claims FAQS

Frequently asked questions regarding disability claims in Ontario. For information on other injury related cases, consult with our FAQ page.

How long will it take to settle my case?

This answer depends on the complexity of your case.  For most long term disability claims, it takes between 1-3 years in order to achieve a fair resolution. Generally, we commence a lawsuit immediately so as to prevent further delay.   The insurance company has an incentive to drag on your case. It is important for your lawyer to push your case forward or your claim can languish indefinitely.

How much will I pay my lawyer for fees?

For most people who have been receiving long term disability benefits, the last thing they can afford is an upfront retainer for legal services.  As a result, the Preszler Law Firm’s fees are based on a percentage of the overall recovery. The fee charged is on a contingency fee basis. In other words, you will pay no fees unless we recover money for you.   We enter in a written agreement which sets out the parameters of our fee structure.

How long do I have to sue?

The answer to this question depends on when the denial of your benefits occurred, the clarity of the denial, when the policy of insurance was entered into and whether the policy had been renewed.  Call our firm immediately to find out how long you have to sue. The call is completely free.   Be aware that there is generally a two year limitation period in a long term disability claims but that is not a blanket rule; it could be less.  It is always a good idea that a Statement of Claim be issued well prior to the one year anniversary of the initial denial.   Failing to commence an action in a timely manner could prejudice your claim dramatically.

Do I have a strong case?

This is often the first question a client asks. The difficulty in answering this question is that the answer depends on the specific facts of your case. The strength of your case is largely dependent on your evidence and other written medical documentation in your file.  Please call our firm to discuss your case with one of our lawyers. The call is completely free.

How much will I get?

We may be able to give you a range after we become familiar with your case but predicting a specific amount is almost impossible. If your case is going to be settled without a trial, at some point we will recommend a figure that you can accept in settlement. The decision whether to accept, is your decision and yours alone.  You will be provided with a detailed explanation as to why your claim is worth what it is.

Do you represent Insurance Companies?

No, we do not act for insurance companies as we are completed dedicated to representing victims of injury and disability.   Always ask the firm you consider whether they work for insurance companies.  After all, do you really your representative to be a lawyer or a law firm who represents an insurance company.

Will the Insurance Company continue to pay my disability benefits after we settle the case?

After a settlement has been reached, there will be no further benefits paid especially if the settlement is on a full and final basis.  Generally, when a settlement is achieved, past and future benefits are included in the total settlement. Once the money has been paid and you have signed a release, you will receive no more payments.  This is what is referred to as a full and final settlement.

In contrast, some insurance companies simply want to settle the past amounts owing and will reinstate your benefits moving forward.  In that case, you will continue to receive benefits until such time the insurance company cuts you off.

Should I speak to the adjuster on my file after my benefits have been terminated?

Once the insurance company has terminated your benefits, a decision has been made.  Pleading with the adjuster will do nothing.  Everything you say to the adjuster is recorded and can potentially be used against you.  If your claim has been denied, contact our firm immediately.  The call is free and the consultation is free.