Your first step is to schedule a Free Consultation
During our initial meeting we will review the facts of your case (and any documentation you provide), and confirm whether you have a viable legal claim, and whether we can accept you as a client.
You will not be required to pay a consultation fee, or sign a retainer, to request a meeting. You will speak with me and not just a staff member.
Before choosing legal counsel for your claim, I strongly encourage you to speak with or meet the lawyer that will be handing your file. It is important that your lawyer knows you, and your needs, so that you have the right fit.
We are able to accommodate consultations in person, over the phone or via Zoom. If you reside in the GTA I am willing to come to your home – or a meeting location of your choosing – if that is more convenient. I can be reached for an initial conversation within 24-48 hours of your inquiry.
Following your consultation, I will provide information and options for your consideration to help you decide whether to proceed with a claim and formal retainer.
File a Claim
If we determine you have a viable cause of action against the insurer, or payor of benefits, we will proceed to initiate a Statement of Claim (lawsuit) on your behalf. The Claim is a formal legal document that lists the allegations against the insurer, and requests that the Court compel the insurer to take action, and pay what is owed under your insurance policy. The Claim can also seek other consequences against the insurer, such as punitive and aggravated damages, to punish the insurer for wrongdoing or compensate you for the consequences of their decision to withhold benefits. It is the starting point of your disability claim.
A Claim triggers legal obligations on the insurance company to respond to the claim, within a prescribed timeline, and sets in motion the legal process. Without a Claim there is no mechanism to compel the insurance company to act. Once a claim is filed a lawyer is assigned on behalf of the insurance company. All communication in a lawsuit occurs from lawyer to lawyer – preventing the insurer from contacting you directly.
Gather Evidence
The next major step in a legal claim is the collection and exchange of evidence and relevant documentation and information.
There are two primary methods of exchanging evidence:
- The first is exchanging documentation in the form of an Affidavit of Documents – which we will prepare on your behalf. This is a step that should occur in every action.
- The second major method of evidence exchange is through verbal testimony, under oath, prior to trial – this is called an Examination for Discovery. The lawyer for the insurer has the option to ask you questions under oath, with your lawyer present. We also have the same opportunity to ask questions of a representative of the insurance company. This step may or may not occur, and it depends on the circumstances of each case as to whether and when this would occur.
There are potentially hundreds, if not thousands, of pages of evidence and documents that will be exchanged throughout a Claim. This exchange and collection of information is an ongoing obligation from the beginning to the end of a legal proceeding. Both parties to the lawsuit have an obligation to provide all relevant, non-confidential, information to the opposing party.
The evidence collection and presentation is the most critical aspect of any disability claim and having a skilled and experienced lawyer to guide and undertake that process on your behalf is invaluable. We collect, review and assess all of that evidence on your behalf so you can focus on your health.
The collection, analysis and presentation of evidence in support of your claim is one of the key functions of a disability lawyer in pushing their client’s case forward to a successful resolution.
Some of the records you might expect to exchange with the insurance company include, but are not limited to:
- Medical Records
a, Family Doctor Clinical Notes
b. Hospital Records
c. Specialist Consultations
d. Physical Therapy Treatment Records; and
e. Psychiatric and Psychological Treatment Records. - Employment Files in Whole or Part
- The Insurance Company’s Internal File
- Tax Records
- Expert Medical Assessments
- Third Party Files such as CPP or WSIB files
Mediation and Negotiation
Mediation is a process where the parties to a lawsuit meet, either in person or virtually, to negotiate a settlement of their claim. The process is overseen by a neutral third-party mediator (usually a lawyer with experience in disability law). The mediator is selected by mutal agreement.
The process is usually a full day, or a half day, depending on the complexity of the issues. All of the statements and offers made during mediation are confidential and cannot be used as evidence in the action or a trial. This is to encourage open dialogue and compromise.
The parties often begin the process together, and share their respective positions, after which time they will separate and begin the process of negotiation through the impartial mediator. The mediator plays an important role in the process, but does not have any authority or power to impose a settlement on either party. A settlement can only occur with the full informed consent of the parties.
Mediation is a mandatory process in certain jurisdictions in Ontario such as in Toronto, Ottawa and Windsor.
Even in regions where mediation is not mandatory, it is commonly used by the parties as a tool to resolve disputes, outside of the Court process.
I have personally conducted hundreds of successful mediations in my 17 years of experience. This is the most common forum under which disability claims are fully resolved.
The parties can also negotiate a settlement at any time during, or even before, the commencement of a legal claim. In the right circumstances we may be able to come to a settlement agreement with an insurer, via written, or verbal offers to settle.
Trial for Unresolved Disputes
If a dispute cannot be resolved via agreement, the parties will eventually proceed to Trial. In those rare circumstances, the parties have the option to have their cases go to a trial and a decision is rendered by a Judge or Jury of your peers.
In order for a claim to be allowed to proceed to Trial, all of the above steps must have been completed. Each of the parties must also have completed various administrative steps that we take care of on your behalf.
During a trial a Judge and Jury will hear from you, your Doctors and often Independent Medical Experts. The insurance company will also have witnesses and Doctors of their own. A trial will typically last between 7-14 days but varies by case.
Whether or not it is in your best interest to proceed to trial is based on a myriad of factors specific to your case. I will guide you through this and will provide you with the necessary advice, setting out the risks and benefits of proceeding to Trial versus settling your claim.
Many people who have been denied benefits do not seek out a lawyer because of the fear of Trial or the sense that the time and cost associated with a legal action is overwhelming. The reality is that the vast majority of disability claims are resolved without the need for a stressful or lengthy Court process.
Your Partner in Disability
I want to hear your story. It’s essential to not only understand your legal case – it’s important to understand your priorities and what solution is actually in your best interest. Your input is crucial, and together we’ll explore various options, empowering you to make informed decisions about your case.