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At Boland Romaine LLP We help motorcycle accident victims across the GTA and the Province of Ontario. If you have been seriously hurt in a motorcycle accident, we encourage you to call our office today and arrange for a free consultation to discuss your rights and how we can help.
Long-Term Disability (LTD) benefits are provided to employees who become unable to work due to an illness or injury. Although group insurance policies vary between companies, eligibility typically follows this general criterion:
Disability Insurance Companies want you to think that being denied or cut off your disability is the end. This is not the case. You have the full right to contact a disability lawyer to discuss whether or not your disability insurance company had the lawful right to deny or cut off your disability benefits.
The benefits you receive from long-term disability insurance will vary based on the specifics of your policy. Generally, these benefits can range from 50% to 85% of your monthly income. Whether or not these benefits are taxable depends on the terms of your policy.
Long-term disability policies can be complex, with numerous provisions and details. Communications from your insurance company may include terms that are vague or confusing. A lawyer can assist you in interpreting your insurance policy and any correspondence from your insurer, ensuring that you fully understand your coverage and entitlements.
Before reaching out to a long-term disability lawyer, consider these important questions:
Obtaining long-term disability benefits can be challenging and time-consuming, as third-party entities and insurance companies often have a vested interest in denying claims. This is where the expertise of a seasoned long-term disability lawyer can be invaluable.
While receiving a denial for your disability insurance may be disheartening, it is not uncommon. Insurance companies frequently deny claims, but this does not automatically mean that your claim is invalid or that you won’t ultimately succeed. A denial does not necessarily reflect the strength of your claim or its potential for success before an impartial decision-maker.
Therefore, it’s important not to be discouraged. Instead, you should continue to pursue your benefits. Contacting an experienced long-term disability lawyer can help ensure that your claim is handled properly and that you have the best chance of obtaining the benefits you deserve.
Regardless of the reason for your insurance claim denial, you should consider appealing the decision. Acting promptly is crucial to ensure you don’t miss any deadlines. You have two options for appealing: internally with the insurance company or externally through the courts, with a two-year deadline for court appeals.
An internal appeal involves requesting the insurance company to review and potentially reverse their denial of your disability claim. However, this route is often ineffective. Insurance companies have a financial incentive to uphold their initial decision and are unlikely to overturn it. The internal appeal process can be time-consuming and may delay your ability to pursue external appeal options, which are generally more effective. In summary, while appealing internally might seem like a logical first step, it often proves to be a less efficient and successful approach.
A more effective strategy is to appeal externally, with the assistance of a disability lawyer. This means taking legal action against the insurance company for wrongful denial of benefits. The court system provides a neutral decision-maker with no financial stake in the outcome, ensuring a fair review of your case.
A study by the Government of Canada found about 3.6 million Canadians are affected by neurological conditions. These conditions account for more than half of Canadians requiring continuing care, including those who require home care or are living in a long-term care facility. Not surprisingly, neurological conditions have a tremendous impact on work productivity. According to the study, the rate of permanent unemployment among those with these conditions is 12 times higher than in the general population.
Neurological disorders can affect the brain, spine or nervous system and conditions are wide-ranging. The nervous system is vulnerable to a variety of disorders and can be damaged by trauma, degeneration, infection, tumours, autoimmune disorders or structural defects. Although each person may experience symptoms differently, signs of a neurological disorder can include the persistent or sudden onset of a headache, loss of feeling, loss of sight or double vision, memory loss, tremors and seizures, back pain radiating to the feet or other parts of the body or weakness or loss of strength.
If you are suffering a neurological disorder, it can cause impairments that prevent you from functioning at work. Proving a neurological condition’s impact can be a complex process and the benefits you are entitled to will depend on your insurance policy. At Boland Romaine, we understand those with neurological conditions can be placed in a vulnerable position when fighting for LTD benefits. We have the resources to help prove your claim and we are here to help.
Chronic pain and injury can be caused in a number of ways, and the injury you suffer may not be easily diagnosed. That doesn’t mean you are not entitled to LTD benefits. Your injury may not be unique to the insurance company but it is to you. If it leaves you unable to work, your recovery and your financial future is in jeopardy. The last thing you need is an insurance denial.
Pain is subjective.
However, when it leads to a disruption in your everyday life and you are incapable of performing tasks essential to your job, you expect that the LTD insurance you paid into will help get you through a difficult time. You are required to prove your injury exists. That is fair. But what happens if you are experiencing very real and debilitating pain with no identifiable physical source? “Invisible” ailments such as Fibromyalgia — a musculoskeletal condition that causes pain all over your body and can lead to emotional and mental distress — can be difficult to diagnose. But not impossible. Which is why you need a law firm with the experience and resources to take on your case. A claim denial does not necessarily mean the end.
Whether you are unable to work because of chronic pain syndrome, a soft tissue injury that doesn’t show up on an X-ray CT scan or MRI, or if you have been hurt in an accident, the team at Boland Romaine is here for you.
Mental health issues can have a significant impact on your life, including your ability to work. Disability claims due to these issues are on the rise. Claims can be made for depression anxiety, post-traumatic stress disorder and mood disorders that include bipolar disorder and schizophrenia.
However, these so-called “invisible injuries” can be difficult to diagnose and benefits are often denied or terminated by insurers. Unlike diagnosing a broken bone or a disease, there is no X-ray or blood test to prove your claim. But the effect it can have on your life is real and your right to seek Long-term Disability (LTD) benefits should not be ignored.
Mental illness and addiction affect mood, thinking and behaviour and include depression, anxiety disorders and schizophrenia, as well as substance-use disorders, according to the Centre for Addiction and Mental Health (CAMH).
They report one in five Canadians experiences a mental illness or addiction problem every year. Sadly, only about half of Canadians experiencing a major depressive episode receive ‘‘potentially adequate care,” CAMH states, adding at least 500,000 employed Canadians are unable to work due to mental health problems in any given week.
Filing an LTD claim can present challenges and it can be stigmatizing when it is for a psychological condition. You are not alone. At Boland Romaine, we will treat your case with compassion but we will also be your fearless advocates. We have decades of experience and experienced support staff and team ready to make your case a priority.
There are many medical conditions that can impair your ability to effectively do your job. Working through the pain is not the best approach. Pain can trigger psychological trauma such as anxiety, depression or even addiction that can further affect your performance at work. A variety of medical conditions can have an impact on everything from your cognitive ability to your motor skills.
These can include Lyme disease, a serious tick-borne disease with a wide range of symptoms, rheumatoid arthritis and osteoarthritis, which can severely limit your fine motor skills, or chronic fatigue syndrome, which has no apparent underlying cause.
The COVID-19 pandemic has led to an emerging issue — COVID long-haulers. Most people infected with the virus recover within a few weeks. However, researchers at the British Medical Journal found that about 10 percent of those who tested positive for COVID continue to suffer months later. COVID attacks the body in different ways and can cause damage to the lungs, heart, nervous system, kidneys, liver and other organs. Common signs and symptoms that can linger in long-haulers can include fatigue, joint pain, brain fog, muscle pain, depression, fever, cough or dizziness.
When a medical condition prevents you from working and your Long-term Disability claim has been denied or terminated, the situation may seem hopeless. However, you should not give up. At Boland Romaine, we can help you get the settlement you deserve to get your life back on track.
Expertise in Disability Claims
Long-term disability lawyers possess specialized knowledge and experience in handling disability insurance claims. They understand the intricate details of various insurance policies and the specific criteria that insurers use to assess claims. This expertise is essential in navigating the complexities of insurance regulations and ensuring that your claim is thoroughly and accurately presented.
Navigating Insurance Company Tactics
Insurance companies often have a vested interest in minimizing or denying claims to protect their financial bottom line. They may use various tactics to dispute or delay payments, such as requesting excessive documentation, challenging the validity of medical evidence, or applying policy exclusions. A long-term disability lawyer can effectively counter these tactics, advocate on your behalf, and ensure that your claim is processed fairly.
Motorcycle crashes often result in more severe injuries compared to motorcycle accidents. Several factors contribute to the heightened risks faced by motorcyclists:
The small size of motorcycles plays a significant role in accidents, contributing to nearly 42% of crashes. Motorcycles are more likely to be overlooked in a driver’s blind spot, especially when vehicles make left-hand turns. This increases the likelihood of collisions at intersections when a motorcycle is traveling straight.
With only two wheels and no external protection, motorcycles are less stable than passenger vehicles. Hazards like potholes, slick roads, uneven lanes, or debris (e.g., fallen objects, oil spills, or broken glass) pose a significant threat to motorcyclists. Riders must remain vigilant to avoid accidents caused by these conditions.
Regular maintenance is crucial for safe riding. Issues with oil levels, tires, brakes, lights, or other critical components can lead to mechanical failures and increase the risk of accidents. Proper upkeep of your motorcycle is as essential as maintaining other vehicles.
A limited understanding of road conditions or how to operate a motorcycle effectively can impact rider safety. Not having a valid motorcycle license or formal training increases the likelihood of accidents, as these courses teach vital skills for safe riding.
Unlike cars, motorcycles lack built-in safety features such as seatbelts or airbags. Riders are more exposed to injuries during a crash. Wearing protective gear, including a helmet, jacket, and boots, can significantly reduce the risk of severe injuries to riders and passengers.
Each of these factors can contribute significantly to the risk of a motorcycle accident:
At Boland Romaine LLP we believe your future is worth fighting for. We are trial lawyers for the injured and we understand how financially and emotionally exhausting it can be to challenge an insurance company. Your focus should be on your health and well-being. We know how insurers operate and our experienced lawyers will work tirelessly to ensure insurance carriers are held accountable when they deny legitimate disability claims or terminate benefits without justification.
We have the expertise to secure the settlement you need, but justice cannot always be negotiated. That is why you need us in your corner. At Boland Romaine, we have a strong trial record with the results to prove it. Insurers know which lawyers are not afraid to go to trial for their clients. Shouldn’t you?
Settlements can be reached before trial, offering a quicker resolution and ensuring that you receive compensation sooner but if that is not the best route for you our lawyers are prepared to go to any lengths to get you the fair compensation that you deserve. Read more on this on our Trial Report Card.
Keeping a diary of your daily experiences and noting how your injuries impact your normal activities, such as bending or walking, is highly recommended. If your court case extends over several years after the accident, this diary can serve as a valuable tool to help refresh your memory. Additionally, retain anything related to your injuries, such as prescriptions, medical aids, or relevant photographs. These items are considered objective evidence and are highly regarded in accident cases.
Motorcycle accidents require skilled and experienced personal injury lawyers. Those injured in motorcycle accidents often suffer from polytraumatic, serious, and catastrophic injuries, including brain injuries, internal injuries, concussions, and orthopaedic and bone fractures typically requiring surgery. Many motorcycle accidents involve fatalities. Depending on the severity of these injuries, injured persons may require extensive medical treatment and either miss significant time from work or be disabled from work completely.
When other personal injury lawyers choose the easiest path and settle, we stay the course and fight for what your case is truly worth based on the injuries and losses you have suffered.
Boland Romaine has a proven track record of obtaining significant settlements for clients, including multi-million-dollar awards for catastrophic injuries such as spinal cord injuries and traumatic brain injuries. Their unwavering commitment to excellence has earned the firm recognition in prestigious legal directories, including Best Lawyers in Canada and the Lexpert directory.
For those whose lives have been profoundly impacted by car accidents, Boland Romaine offers free consultations to discuss potential claims and provide guidance on the legal process. The firm’s compassionate and dedicated team is committed to helping clients rebuild their lives after devastating accidents, ensuring they receive the justice and support they need to move forward.
Operating on a contingency fee basis, Boland Romaine ensures that clients do not pay legal fees unless their claim is successfully resolved. This approach makes legal representation accessible to everyone, regardless of their financial situation. By focusing on a select number of seriously injured clients, the firm provides personalized attention and dedicated resources to achieve the best possible outcomes.
Gather the Evidence Make an Informed Decision
A car accident lawyer who is either afraid, inexperienced, or cannot afford to go to trial may ultimately end up costing you thousands in compensation you are rightfully owed.
Trial Experience Questions | Timothy Boland |
Darcy Romaine |
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Do you, personally, regularly take cases to trial? | ||
Have you, personaly, won cases like mine at trial? | ||
Do you, personally, have precedent- setting decisions? | ||
Can I see your written decisions and jury verdicts? |
If you or a loved one has suffered a serious injury due to someone else’s negligence, you may be able to advance a claim for personal injury. The facts and circumstances of each case are unique, as well as the legal elements required to be satisfied. Consulting an experienced personal injury lawyer to discuss your case and provide advice on whether you have a case is the next step.
If your LTD claim has been denied, a disability lawyer can help by:
Don’t speak to the adjuster from the insurance company.
When you consult with us, we will advise you as to your rights and options and we will help you understand your insurance policy and its terms. You may have different options available to you such as suing the other driver or you may be eligible for income replacement benefits and short-term disability.
we don’t require much information at our initial consultation, other than your memory of when, where, and how the accident happened; what injuries you’ve sustained and how it’s affected you.
Each personal injury case is unique, which is what constitutes the long durations until a settlement is achieved. Several factors go towards determining a fair value for your case. That includes, but is not limited to, the severity of the injury, the medication and treatment required for recovery, physical and mental therapy for further rehabilitation, compensation for pain and suffering, expenses required to maintain a living across a period when you are unable to return to regular activities, etc
The most important thing to do after an incident resulting in a personal injury is to focus on recovery. The next step is to start doing research for a personal injury lawyer that is right for you. Look for information regarding their qualifications, experience, and reputation among their peers.
Also consider these critical steps after an injury after seeking medical help.
In most cases, you have 2 two years from the date of the incident to file a lawsuit. This is called the limitation period. If you were injured while you were a minor, you have two years from the date you turn 18 to file a lawsuit or two years from the date a litigation guardian is appointed on behalf of the minor. In certain circumstances, this general limitation period of 2 two years from the date of the incident does not apply. The period may be longer, or it may be shorter. For this reason, it is important to contact a personal injury lawyer as soon as possible to start the process of filing your lawsuit.
If you need a car accident lawyer in your area, start by researching local law firms that specialize in personal injury and accident claims. Look for lawyers with experience handling cases like yours, strong client reviews, and a track record of success.
At Boland Romaine, our Toronto-based car accident lawyers have extensive experience managing complex claims, ensuring our clients receive the legal guidance and compensation they deserve.
Our car accident lawyers know exactly how to build a strong case and will help guide you through the process. We will advise you on the most relevant evidence to include in order to show how your injury has affected your life.
Building a strong case means we will:
A Boland Romaine car accident lawyer will plan out your case using all the information available and present it in the best way possible. This gives you peace of mind throughout the process that you will have the best chance at receiving fair compensation.
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