Lawyers’ Fees And Financial Issues Relating To Long Term Disability Claims.
We take most of these cases on a contingent fee basis and so we get a percentage of the benefits that should have been paid to the claimant. All these cases are decided on the basis of not only the past benefits owed but all the future benefits that are owed so the payment and legal fees are not nearly as onerous. In accident benefit and disability cases you generally do not have any access to the future. That isn’t to say that skilled counsel cannot negotiate those benefits into the future. We do that all the time and we get insurers to pay future benefits in the right circumstances, but those benefits are truncated because the insurer constantly says they do not have to pay them.
The difficulty is that in the five years that it has taken for the insurer to finally begin paying benefits again and compensate for the time of non-payment, the claimants will have cashed in RSPs and remortgaged homes. They are in a difficult position when there is no money coming in on a regular basis.
Unfortunately, too, after the case has been won, there is no guarantee that their benefits will continue. It routinely happens that the disability carrier will pay them for six months after a judgement and then start putting them through the whole grind again sending them to numerous medical appointments and vocational assessments that sometimes last two and three days, or sending them for assessments that go on for a week. This is very tough on people who are struggling and impossible to fight without experienced legal counsel.
If you, or someone you care about, is dealing with Personal injury law issues in the Toronto, Ontario Region, contact Strype Barristers LLP.
Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.