Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Hamilton Long Term Disability Lawyer

Find out if you have a case today.

Contact our Hamilton long-term disability lawyers for a free consultation if you have legal questions regarding your long-term disability claim.

If your insurance plan includes coverage for Long-Term disability (LTD) benefits, it is only natural to assume that, should you require support after developing a severe illness or injury, you will be able to easily collect benefits payments. After all, either you or your employer pay monthly premiums to your insurance provider for just this reason. If you are no longer able to perform the duties of your job because your disabling injury or illness makes it impossible for you to do so, you should be able to collect the LTD benefits payments included in the plan for which you have made regular monthly contributions.

Unfortunately, for a number of reasons, insurance providers frequently decide to deny eligible policyholders’ claims for LTD benefits. Insurance companies are not legally required to share just  what percentage of LTD claims are denied each year. However, based on anecdotal evidence and the high number of disability claims denied each year by the Canada Pension Plan (CPP), it can be ascertained that more than half of all LTD claims submitted across the country are initially denied by insurance companies.

Even if a policyholder’s application for LTD benefits includes medical evidence that can sufficiently substantiate their claim, their insurance provider could find a reason to withhold the payments they should rightfully be owed. Some reasons insurance providers often use to deny claims for LTD benefits include:

  • Insufficient supporting medical evidence was included in the application
  • Claim was filed late, past requisite deadlines
  • There no objective evidence of disability (often the case with “invisible” injuries or illnesses)
  • The medical condition does not meet the insurance policy’s definition of “disability”
  • The policy includes contractual stipulations (often excluding pre-existing conditions) that disqualify a claimant’s application
  • The claimant refused to undergo an independent medical examination (IME)
  • And more

All applicants whose claims for LTD benefits have been denied should have the opportunity to formally appeal their insurer’s decision. However, for people struggling to cope with the daily realities of living with a disability, the idea of picking a fight with a large, monolithic insurance company can seem completely overwhelming. Most people think taking on their insurance provider will be a worthless– and expensive– endeavour. They tend to walk away from the fight instead of standing up for the fair treatment they are duly owed.

Our Hamilton Long-Term disability lawyers appreciate how frustrating and frightening it can be to receive a denied claim for LTD benefits. Our Long-Term disability lawyers serving Hamilton have decades of experience fighting back against the unfair tactics often used by insurance providers to withhold payments from deserving policyholders.

Additionally, our Hamilton Long-Term disability lawyers work on a contingency-fee basis. That means, if you are eligible to pursue legal action against your insurer, you will not be charged a cent unless we win your case. By working with our Long-Term disability lawyers serving Hamilton, you might be able to recover costs related to:

  • Previously denied benefits
  • Legal fees
  • Damages incurred as a result of your claim’s initial denial
  • Punitive damages
  • And possibly more

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LTD benefits typically cover between 60-70% of a recipient’s regular income. If you cannot continue earning your normal wages because you have been diagnosed with a severe, disabling medical condition, LTD benefits could help you retain a degree of financial stability during a fraught and challenging time in your life.

If your claim for LTD benefits was denied, take advantage of a free initial consultation with our Hamilton Long-Term disability lawyers.

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Award Winning Personal Injury Law Firm

We are proud to be one of Canada’s oldest and long-standing personal injury law firms. Since 1959, we have been providing exceptional legal services and have established ourselves as leading personal injury lawyers in the Canadian legal community. It’s not just the awards that recognize our achievements, but also the wins we’ve achieved for thousands of Canadians with their long-term disability claims.

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Case Results

long-term disability Settlements

Please note that past results are not indicative of future results as each scenario presents itself with its unique set of circumstances. But here are some long-term disability related wins we’ve had for our clients.

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long-term disability FAQs

Here are some commonly asked questions for long-term disability claims

The duration of a long-term disability case can vary depending on a number of factors, including the reasons provided for the claim’s denial, the policyholder’s standing with their insurance provider, the complexity of the claimant’s case, the willingness of the insurance company to negotiate, Court availability, and other considerations. Generally speaking, it can take between 1-3 years for a fair resolution to be reached.

Our long-term disability lawyers work on a contingency fee basis. That means we only get paid if the case is won, and our fees are based on a percentage of the compensation awarded. You will not be required to pay any upfront fees out-of-pocket in order to pursue legal action.

The statute of limitations for a long-term disability lawsuit in Ontario is generally two years from the date of the denial of benefits or the last payment of benefits. However, depending on the circumstances of the case, the lawsuit could be subject to additional time limitations. It is crucial to speak with a long-term disability lawyer as soon as possible, so as to not jeopardize your chances of recovering the compensation you deserve.

The answer to this question depends on the facts of your individual case. Our Ontario long-term disability lawyers should be able to evaluate the terms of your policy, review the evidence available to you, and consult with medical experts to assess the strength of your claim.

It is almost impossible to predict the specific amount of compensation you might be entitled to, however after reviewing the details of your case, our Ontario long-term disability lawyers may be able to provide you with an estimate that you could reasonably expect to be offered. The decision to accept settlement offers is yours and yours alone.

No, our long-term disability lawyers are solely committed to protecting the rights of policyholders who have been unfairly treated by insurance providers.

The answer to this question depends on the terms of your individual settlement. In most cases, the settlement will include a lump sum payment for past and future benefits. After agreeing to these terms and accepting this settlement offer, future benefits will no longer be paid. However, in some scenarios, insurance companies may only offer to settle for past benefits owing and might agree to continue paying benefits after the case is settled until the terms of the policy are reached.

It is not recommended that you speak to the adjuster on your file after your benefits have been terminated. Anything you say could be used against you. That is why it is best to consult with our long-term disability lawyers before communicating with your insurance company.

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Got more questions?

If you have more questions or need legal help regarding long-term disability claims, contact our legal team for help.

We’re happy to help.

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