Some lawyers operate on a contingency-fee basis to help clients file a long-term disability claim. Per this arrangement, you only pay for their legal services if they win the case. Typically, the contingency fee for a lawyer is a percentage of the settlement, rather than a fixed amount. You and your lawyer may be able to negotiate this percentage to give you more flexibility. As a potential plaintiff, this arrangement may be incredibly beneficial since it eliminates the fear of pursuing litigation when there are financial constraints and helps you to avoid out-of-pocket costs entirely. To give you peace of mind and help you save even more money, some law firms offer:
- Toll-free numbers
- Free initial consultations by a lawyer or members of their legal team
What Are the Benefits of Contingency Fees?
Outside of providing potential plaintiffs with the opportunity to avoid out-of-pocket costs and standard hourly billing, there are a few advantages of opting for a contingency-fee agreement.
- It allows you to pursue litigation even with financial constraints. Since lawyers are expensive, contingency fees make it possible to have legal representation when filing a long-term disability appeal.
- It helps you to focus on your health. Without worrying about how much the litigation would cost, you may finally have the peace of mind to focus on your health, medication, and recovery.
- Contingency fees give hope. Typically, a lawyer that operates on a contingency-fee basis would not accept your case unless they have a high chance of winning. So, to receive payment for their services, they would ensure that success is attainable.
What to Expect When Appealing a Denial of Long-Term Disability Insurance
Once you hire a lawyer who offers free consultations and contingency fees, the process of appealing a denial of your long-term disability insurance begins. The Ontario Ministry of the Attorney General describes the process well. Below, you may find a few standard events that may occur during your litigation.
Statement of Claim
Your lawyer would review the details of your case and prepare a document that sets the lawsuit in motion in a civil court. The document, known as the statement of claim, consists of factual materials supporting your claim against the insurance company and how much you are seeking in damages.
Statement of Defence
As the defendant of the lawsuit, the insurance company would file a rebuttal to address every point brought forth in the statement of claim. Typically, the statement of defence contests the issues brought up against them and establishes the insurance company’s intention to defend.
Examination for Discovery
Your lawyer will prepare you for discovery and attend the proceedings with you.
In this stage, you are examined under oath by the defendant’s lawyer in a deposition. While this is not a trial, it is an official aspect of the litigation process. A transcript of the proceedings, as provided by a stenographer, may be used in the lawsuit and trial, if necessary.
Suppose either party is unable to answer a question during the examination for discovery, they may request to submit a response after the examination. This process is known as an undertaking.
Here, a neutral third party comes on board to help settle the lawsuit by making it possible for the disputing parties to find a solution that works for them. Some long-term disability appeal cases never make it to trial since they are resolved in mediation.
Tips to Getting Started with the Lawsuit
To gain a better understanding of your long-term disability appeal case, consider doing the following before hiring a lawyer.
- Obtain a copy of your long-term disability plan, including the plan description. You may put in the request with your company’s human resource department or contact the insurer directly.
- Review the denial letter and highlight the reasons the insurance company rejected your initial claim. Make sure to note the date and process to file an appeal, as shown in the denial letter. By missing the date, you may jeopardize your case and lose grounds to contest.
Hiring Preszler Injury Lawyers
If you need legal representation to help appeal your long-term disability case, consider hiring Preszler Injury Lawyers. In our initial free consultation, we listen to your case and provide effective ways to move forward. We also protect your legal rights and ensure that you do not pay a cent until we win the case for you. Call us now at 1-800-JUSTICE to get started.