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Preszler Injury Lawyers

Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Toronto CRPS Long Term Disability Claims Lawyer

Find out if you have a case today.

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

Table of Contents

Complex regional pain syndrome (CRPS) is a disorder of the nervous system that causes severe pain in one of your limbs. This condition, also known as reflex sympathetic dystrophy (RSD), typically begins after a traumatic event or injury.

The initial event does not have to be severe, but if the nerves suffer damage, they can cause Long-Term, disabling pain that is uncharacteristically severe compared to the initial injury.

If you suffer from CRPS/RSD, you should consider your right to claim Long-Term disability benefits in Toronto. A Toronto CRPS long-term disability claims lawyer can help you determine your eligibility for benefits and assist you with producing the necessary support for your disability claim.

Work Prevention

Most jobs, regardless of industry, require the full use of your limbs. When you develop CRPS in a limb that you use for your daily job duties, you might become unable to continue working at that job.

You might also experience adverse side effects from the medications you use to treat the CRPS. Many narcotics used to manage pain can cause dizziness, fatigue, and cognitive fog.

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Since 1959, we’ve helped thousands of Canadians get the compensation they deserve with their long-term disability claims. One of Canada’s oldest personal injury law firms, personal injury law is exclusively what we do. Book a free consultation today with our top-rated personal injury lawyers.

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Elements Of Proof

When we work with clients on their Long-Term disability claims, our CRPS long-term disability claims attorneys in Toronto gather evidence to prove the following:

  • You have a doctor’s diagnosis of complex regional pain syndrome.
  • Your doctor verifies that you will suffer from CRPS for at least 12 consecutive months.
  • Your CRPS causes you to be unable to work at your current job.

Obtaining a complex regional pain syndrome diagnosis can be difficult, as there is no single diagnostic test to confirm the condition. Make sure you explain all injuries that occurred before your pain began and identify when the pain began. This information can help your doctor rule out other conditions with similar symptoms.

Once you have the diagnosis for CRPS, we collect your medical records and review your doctor’s notes for your prognosis. If your doctor did not mention the duration of your condition, we can request that he evaluate the longevity of your complex regional pain syndrome. When we have proof from your doctor that your condition will last the required period, we move on to proving how the condition limits your ability to work.

There are several sources we can use to prove the effect CRPS has on your ability to work. It helps to create an explanation of your job duties and make notes of how your CRPS makes you feel while performing those tasks. We might also request proof from your employer regarding your job duties and any impact s/he has seen in your ability to work since developing CRPS.

Insurance Claim Challenges

The insurance company’s priority is making money, not helping you. Your Long-Term disability claim could add up to tens of thousands of dollars, so you can be sure the insurance company will be doing everything it can to disprove your claim.

To do so, they will likely try to show that your pain is not consistent enough to affect your work ability. They might ask you to give a recorded statement describing your condition. During this conversation, an insurance adjuster can pressure you into admitting your pain is not as often as you claim, or that you are still able to work.

It is best to avoid giving this statement until you can talk to a Toronto CRPS long-term disability lawyer who has worked with a complex regional pain syndrome claim.

Another challenge the insurance company might pose is that you can work at other jobs. You will need proof from your medical records and personal notes that your pain continues even during low-activity jobs and causes significant distraction from your work.

The lawyer will gather the evidence to dismiss these charges and develop the facts necessary to support your claim.

Insurance Denial

If your medical records, employer testimony, and personal notes are not enough to prove the limitations complex regional pain syndrome has on your job, and will file for reconsideration.

During this time, we bring in specialists who understand and can explain exactly how your CRPS affects your ability to work. We use their testimony to convince the insurer to reverse its decision.

What Can I Do To Help My Long-Term Disability Claim?

Our Toronto CRPS long-term disability claims lawyers handle the work of collecting your medical records and developing the extra evidence for your claim. While we do that, you can also improve your chances of winning your case by doing the following:

  • Not skipping any doctor’s appointments or treatments
  • Not exaggerating or lying about your health
  • Not downplaying your injuries
  • Not talking to the insurance company until you talk to us
  • Keeping track of the days you miss work due to your CRPS
  • Keeping a journal of how the pain occurs during the day and the severity of the pain during certain job duties

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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.

Settlement

Long-Term Disability

$2.2M

Our client was denied LTD payments after struggling with mental health problems. We settled for more than $500,000 over the policy value due to the insurance company’s bad conduct.

Settlement

Long-Term Disability

$995K

The individual was a trader who had a nervous breakdown during the 2008 financial crisis. His insurer initially denied his LTD claim but we were able to challenge that successfully.

Settlement

Long-Term Disability

$900K

We successfully obtained a settlement for an employer who was denied LTD benefits after being fired by his employer.

Settlement

Long-Term Disability

$750K

Client unable to work relating to health issues.

Settlement

Long-Term Disability

$750K

We successfully obtained a settlement for an individual denied benefits due to a pre-existing condition, when they had an “own occupation” disability benefit policy.

Settlement

Long-Term Disability

$713K

We successfully achieved a settlement for a client with CRPS who had their benefits cut-off after attempting to return to part-time work. Inclusive of $130,000 in punitive damages.

Settlement

Long-Term Disability

$440K

We successfully negotiated a larger settlement for our client, including $100,000 in punitive damages, after an insurer claimed their partial paralysis did not qualify for benefits due to wrongful surveillance.

Settlement

Long-Term Disability

$420K

We sucessfully obtained a settlement for a client whose benefits were denied due to their insurer’s misinterpretation of their own medical reports. This included $100,000 in punitive damages.

View More Results

Download Our "Long-Term Disability Appeals" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.

Long-Term Disability Appeals

In this ebook, you’ll learn:

  • The difference between an internal appeal and a lawsuit
  • How the LTD appeals process typically works in Ontario
  • What evidence you can gather to strengthen your appeal
  • How to respond to insurance company requests and other tactics they might use
  • What deadlines may apply to your appeal
  • The benefits of working with an LTD lawyer when you need to appeal your denied claim
  • And more

 

Download Our E-Book

Download Our "I’m Approaching Change of Definition" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.

I’m Approaching Change of Definition

This ebook will help you:

  • Understand what “change of definition” means when it comes to LTD policies
  • Learn when this shift typically occurs and how it might affect your eligibility
  • Know what evidence you can collect to support your continued claim
  • Identify warning signs that a denial or termination might be coming
  • Explore your legal options when your insurer cuts off your benefits
  • Discover how a long-term disability lawyer can advocate for your rights
  • And more
Download Our E-Book

Download Our "Denied Long-Term Disability Benefits" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.

Denied Long-Term Disability Benefits

In this ebook, you’ll learn:

  • Common reasons why long-term disability claims are denied in Ontario
  • What to do immediately after receiving an LTD denial
  • The difference between appealing a denial and filing a lawsuit against your insurer
  • How to gather strong medical and occupational evidence to support your claim
  • What deadlines apply to LTD claim disputes
  • How our long-term disability lawyers can help you build a strong case
  • What compensation you may be entitled to
  • And more
Download Our E-Book

Download Our "Applying for Long-Term Disability Benefits" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how long-term disability claims work.

Applying for Long-Term Disability Benefits

In this ebook, you can read about:

  • Who qualifies for LTD benefits in Ontario
  • How to effectively complete your LTD application package
  • What medical and employment documentation you need to collect
  • How insurance companies evaluate LTD claims
  • Tips to avoid common errors that may lead to delays or denials
  • What to do if your claim is denied
  • How our long-term disability lawyers can support your application
  • And more
Download Our E-Book
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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.

Read More FAQs

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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