faq’s

If you win nothing, it will not cost you anything. At the end of your case, if we win you compensation, we will be paid out of what you are awarded. The payment will cover our work and any expenses related to gathering evidence, such as testimony from witnesses, and doctors.

There are some expenses that you should be compensated for regardless of how the accident happened and regardless of your particular insurance policy. For other expenses and losses, we will need to take a careful look at your policy and the circumstances of your case.

Yes, in certain circumstances. However, there is a legislated deductible. We can help you determine the strength of your case and whether this type of damage is worth pursuing.

When you come in, we will discuss your situation and your priorities. The length of the process often depends on how long it takes for you to recover, how complicated your case is, and how important quick resolution is to you.

Most of the work — including attendance in court — will be done by our firm. You may have to come in for mediation or to talk to the lawyers from the other side. Most cases are settled before getting to court.

Yes. Our firm can guide you through this process – CONTACT US NOW FOR A FREE CONSULTATION

That will depend on the seriousness of your injuries and the amount of evidence you have on your side. It also depends on your lawyer being able to see what the most successful arguments will be in your particular case.

At Lang Lawyers, we have worked with injured and disabled clients for years. I know that a successful case requires us to work as a team. Our job is to help you maximize your compensation. Since your job is to concentrate on your recovery, one of the most frequently asked questions we hear is: “What can I do to help my case?” –

1. Keep Evidence Of The Accident

This can include:

• Pictures of the location of your accident
• Statements from witnesses
• Names and addresses of the witnesses
• Medical records from the ambulance, emergency room, hospital, and all checkups during recovery
• Any accident reports or police statements

2. Keep Documentation

Keep track of everything related to your accident. This includes:

• Times and dates of people you talked to, including insurance adjusters
• Costs of babysitting, personal care, taxi services
• All communication from insurance companies

3. Talk To A Lawyer

An experienced lawyer will help you understand what you can and cannot ask for in terms of benefits or compensation. A lawyer will also help you be aware of deadlines, express your needs in a way that insurance companies understand, and avoid common pitfalls that may jeopardize your case or your recovery.

4. Don’t Talk To Insurance Representatives

Whether the insurance agent is your own or that of the other party, don’t talk to them without talking to a lawyer first. They may:

• Try to tell you that there is no need to sue because all of your needs will be taken care of
• Tell you that your insurance policy doesn’t cover certain basic expenses, even if Ontario insurance law says that it must
• Try to get you to make statements about your injuries before they have been fully assessed
• Try to get you to make statements of fault
Remember, the insurance adjuster is not necessarily your enemy, but he or she does not always have your best interests in mind.

5. Don’t Sign Anything

Always talk to your lawyer before signing any documents or statements from insurance or the police.

One explanation why insurer’s reject long-term disability (LTD) claims is that they judge a claimant as not being “totally disabled” from carrying out his or her own occupation. If your LTD benefits have been denied or discontinued for this reason, Lang Lawyers can defend your rights.

Each policy has its own definition of “total disability.” As experienced LTD claim lawyers in Toronto, Ontario, we have analyzed hundreds of cases and know that insurers often make errors interpreting this condition. If they have done so in your case, we will find them out. Then, we will help you make a solid legal fight to gain income replacement benefits while you recover.

Although policies differ, an LTD claimant must essentially be “totally disabled” from performing the essential duties of his or her occupation. Many who are denied benefits for this reason give up their case as hopeless. They mistakenly believe that “total disability” means being completely unable to perform any work due to a catastrophic condition such as paraplegia. This is not so.

You may be able to carry out some duties. But the test for “total disability” can be met if any other objective, reasonable person would conclude that it would not be prudent for you to carry out the essential duties of the occupation while trying to recover from an injury or illness.

Understandably, insurers want to avoid paying benefits to individuals who may be abusing the system. The test for “total disability” can help to identify individuals who seek LTD benefits due to lifestyle choices — such as dislike for their coworkers, work environment or type of work.

In the process of identifying abuser, legitimate claims are sometimes wrongly rejected. If you are the victim of such unfair treatment, our lawyers will advocate staunchly to appeal the decision or reinstate your benefits.

When you bring your case to us, we will carefully examine your policy. Then we will examine all of the evidence — medical and work-related. We can spot insurer errors and present your case for the highest chance of approval.

(LTD) After 2 Years (24 Months)

If you have been receiving long-term disability (LTD) benefits for under two years, you need to be prepared for a significant change that will affect the continuation of your benefits. If you have received a letter from the insurer warning you of this upcoming change or if your LTD benefits have been terminated after two years, Lang Lawyers can help.

When you first filed your LTD claim, you were required to prove that you suffer total disability from the essential duties of your “own occupation” — the position you had at the time. After two years, successfully passing the test for approval of benefits becomes much more difficult.

At that point in time, the criteria for approval of continued LTD benefits changes. After the two-year mark, you will need to prove that you suffer a total disability not only from your “own” occupation, but from “any occupation.” For most claimants, this is alarming.

Contrary to how it may initially sound, “any” occupation does not mean work of any kind whatsoever. An insurer cannot cut off your benefits on the basis that you are able to work at an occupation significantly below the level of pay and prestige that you enjoyed previously.

Instead, the test of “any occupation” must be based on your previous education, training and experience. The higher the level of occupation you had before, the more difficult it will be for you to find a commensurate occupation.

As experience LTD claims lawyers, we have handled hundreds of such cases in Toronto, Ontario. We know how to navigate this challenging aspect of LTD claims and want to use your experience to defend your rights. We will analyze your case, gather and examine the right kind of evidence and find out if the insurer has made an error.

If you are being treated unfairly, we will assemble a case for you and launch a vigorous fight to have your LTD benefits continued or reinstated.