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We have represented thousands of clients at the Ontario Superior Court of Justice, the Financial Services Commission of Ontario, the License Appeal Tribunal, the Canada Pension Plan Review Tribunal and the Criminal Injuries Compensation Board.

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FAQ

Long Term Disability Benefits

I can’t work because of my disability and my insurance company has denied my Long Term Disability Benefits. What should I do?

It’s important to get as much evidence of your disability as possible. This will mean going to your family doctor on a regular basis so that they are involved with your case; it will also mean going to any specialists that you are sent to by your family doctor.

The more records concerning your disability, and why you can’t work, the better.

In any case, if you have applied for Long Term Disability Benefits and your insurance company has said that you do not qualify, for whatever reason, it’s important to contact us right away to see if you have a case.

Remember, there are often timelines associated with making claims. The worst thing to do is miss one of those timelines. That way, the insurance company wins and you lose.

Is it only physical injuries that entitle me to Long Term Disability benefits?

Absolutely not. Many non-physical injuries such as anxiety or depression can lead to someone being unable to work. However, just because an injury is ‘invisible’ does not make it any less significant. Make sure to follow up with your family doctor and any psychologists or psychiatrists that you may have been referred to by your family doctor.

The records of these professionals will go a long way to determining whether we can successfully claim benefits for you based on these ailments.

My disability benefits insurance company is telling me that I need to apply for other benefits, such as Employment Insurance Sickness Benefits or CPP Disability Benefits. Do I have to do that?

Most likely, yes. But this depends on the wording in the insurance policy itself. Again, the Benefits Booklet will most often have the answer. But it is the responsibility of the insurance company to point out the exact provision in the policy that allows them to insist that you have to claim those benefits as well.

How much will I receive from my Long Term Disability Benefits insurance company?

The weekly benefit that you will receive will be a percentage of the income you had while you were working. The exact percentage will depend on the actual disability benefits policy. Please take a look at your Benefits Booklet, as it will usually have the exact percentage you are entitled to. If you need help navigating the booklet, contact us.

I have been receiving Long Term Disability benefits but was recently cut off. Why?

There are a number of reasons why this might have happened.

In general, the policy will often outline your responsibilities when claiming benefits, ranging from attending at your doctor(s) on a regular basis to try and get better to attending at doctor’s examinations scheduled by your insurance company.

You may also be required to apply for other benefits, such as CPP Disability benefits, in order for you to continue receiving your benefits from the insurance company.

It also might be a situation where the definition of “disabled” under the policy might have changed because of a certain anniversary date having been reached and the insurance company is saying that you no longer qualify as a result.

And these are only a few examples.

Either way, it’s very important to contact an experienced disability benefits law firm right away to help you navigate these many issues and to see if you have a case to have your benefits reinstated.

My disability benefits insurance company has offered me a “Lump-Sum” settlement of my Long Term Disability benefits. Should I take it?

Be very careful in taking a lump sum settlement without the benefit of professional legal advice.

Remember that although the insurance adjuster you talk to may sound reasonable, they work for the insurance company and their goal is to pay you as little as possible to permanently close your file.

That’s why when discussing a “Lump-Sum” settlement, it is very important to get legal advice, as there are many important, and life-changing, details that need to be taken into consideration if and when a “Lump-Sum” settlement is agreed to.

Motor Vehicle Accidents

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I was injured in an accident. Should I consult a lawyer?

Claims for benefits and/or compensation are often accompanied by strict timelines. If you miss those timelines, your claim(s) may no longer be valid. At our law firm, we do not charge fees until you receive compensation; therefore, if you have been injured in an accident, it is always best to contact our office as soon as possible so that we can determine whether you have a claim and, if so, to start your case right away.

What types of injuries can I receive compensation for?

Accidents can cause a variety of physical injuries from muscle aches and pains to more significant injuries such as broken bones, internal injuries and brain injuries.

Unfortunately, and quite often, the physical injuries are also accompanied by psychological trauma, such as a fear of driving, nightmar

Physical and psychological trauma may also have a number of negative effects on your everyday life, such as:

· Being unable to work (or work less)

· Being unable to continue school (or to continue school only part-time)

· Being unable to care for your children as you did prior to your injury; and,

· Being unable to care for your home, both inside and outside, as you did before.

Depending on how you were injured, different laws will apply and your injuries will have to be considered in the context of the applicable law(s) to be able to determine whether you are entitled to compensation.

At Pronay Personal Injury Law, we have been assisting clients in determining whether they can receive compensation for their injuries for over a decade; therefore, it is best to contact us so that we can evaluate your case first hand.

Do I have a “Catastrophic” injury and, if so, how can Pronay Personal Injury Law help?

If you have been involved in an accident with a vehicle, there are specific criteria that your injuries must meet in order for them to be considered “catastrophic,” which then allows you to claim further benefits as a result.

Generally, injuries in this category will cause a severe change in your life, from either a physical and/or psychological perspective, and will have long-term effects on you and your family.

Severe brain injuries, quadriplegia, paraplegia and paralysis, to name a few, will often be considered “catastrophic” injuries in which case you will be entitled to increased benefits in the short and long terms.

However, less serious physical injuries, which are accompanied by ongoing psychological trauma, can also lead to your injuries as a whole to be considered “catastrophic.”

At Pronay Personal Injury Law, we have extensive experience in assisting clients with “catastrophic” injuries.

Depending on the type of “catastrophic” injury you have suffered, our team has access to top medical professionals, such as occupational therapists, speech language pathologists, neurologists and orthopedic surgeons who deal with patients with catastrophic impairments on a daily basis and who help people like you, and your loved ones, through the recovery process.

Generally, cases involving “catastrophic” injuries also require additional time and care devoted to your file.

At Pronay Personal Injury Law, that is exactly what you will receive and nothing less.

That’s our guarantee.

If I decide to make a claim, when will I receive compensation for my injuries?

This will vary from case to case and will depend on the type of injury you have suffered and how it has impacted your life.

Depending on how you were injured, there are also various timelines put in place by the applicable law(s) which may affect the timing of any compensation to you.

At our law firm, our goal is always to work on your behalf to maximize the compensation that you are entitled to, either through settlement of your claims in a timely manner or by taking your case to trial.

How much compensation can I expect to receive?

Historically, Canadian Courts have awarded ranges of compensation depending on the type of injury you have suffered and how it has impacted your life and the lives of your loved ones.

The amount of compensation you may be entitled to receive will also depend on the circumstances surrounding your accident.

As a general rule, the more time that has passed since your accident, and the more information we have about your injuries and their impact on you, the easier it is to give an accurate estimate in terms of the compensation that you may be entitled to.

How much will Pronay Personal Injury Law charge to represent me?

Typically, there are two methods to pay a lawyer: either on an hourly rate or based on a percentage of the amount recovered.

Given that your injuries have likely resulted in a strained financial situation, we usually suggest that in such cases our compensation be based on a percentage of the total monies received by you. This allows you to concentrate on getting better and not about how you will pay us in the interim.

However, the choice is always yours.

If you chose for us to represent you based on a percentage of your recovery, we do not charge you anything up front and you only pay for our legal services if we successfully obtain compensation for you.

Why should I choose Pronay Personal Injury Law to represent me?

There are many personal injury law firms in the Greater Toronto Area (GTA). That’s a fact.

However, it is often the case that you will meet with a lawyer during your initial consultation, probably when you sign the retainer with the law firm, and then you will not see or speak with your lawyer for months or even years after that.

You might not even know who your lawyer is as your case will often be passed to a more junior lawyer to handle the “day to day” things.

At Pronay Personal Injury Law, you will have the peace of mind to know that you have an experienced personal injury and disability benefits lawyer on your side who will take your case from beginning to end.

Of course, we have an extensive team that allows us to do so, but you will know that George is involved in every step of your case, from the initial consultation to the final handshake.

That’s the Pronay Law guarantee to you and your family.

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