Iacobelli Law Firm is pleased to again be selected among the top 3 best rated medical malpractice lawyers in Richmond Hill. We represent injury victims and families that have been harmed due to medical negligence. In addition to medical malpractice, our firm focuses on wrongful death claims, and serious injuries resulting from car accidents, truck accidents, motorcycle accidents, slip and fall and trip and fall accidents throughout Ontario.
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Authored by Brian Tsui
In Ontario, anyone who is injured in a motor vehicle accident can potentially claim benefits pursuant to the Statutory Accident Benefits Schedule (“SABS”). To learn more about Accident Benefit Claims, please refer to a previous blog entry that explains Accident Benefits claims in detail. As a driver or passenger involved in a motor vehicle accident, you are generally covered by accident benefits. What this means is that regardless of fault, the drivers or passengers involved in the motor vehicle accident are eligible to receive benefits that will cover medical expenses, income loss, and additional expenses related to the motor vehicle crash. Moreover, it is important to note that having a loved one physically injured in a motor vehicle accident can be a traumatic experience for immediate family members as well. Witnessing the aftermath or continually caring for the injured individual can lead to emotional distress, anxiety, or depression, necessitating psychological support or counseling. The Ontario statutory accident benefits provides coverage to a spouse or dependent "that suffers psychological or mental injury as a result of an accident in or outside Ontario results in a physical injury to his or her spouse, child, grandchild, parent, grandparent, brother, sister, dependant or spouse's dependant." In the case of Naomi Kellerman-Bernard v. Unica Insurance Inc., 2022 ONLAT, the child of Naomi Kellerman-Benard (“Naomi”) was involved in a motor vehicle accident. In this case, it was universally accepted by all parties that Naomi met the definition of an “insured person” under the SABS, even though as a mother, she wasn't physically present when her child was involved in a motor vehicle accident. Furthermore, because Naomi was deemed to be an “insured” person, she was eligible to claim accident benefits for the psychological and mental injuries she sustained as a result of her child’s accident. In summary, immediate family members experiencing psychological or mental distress due to a physical injury sustained by a close relative in a motor vehicle accident may be eligible for accident benefits for psychological treatment or counseling. However, given the unique nature of each case, eligibility will vary case by case. In the ever-evolving landscape of personal injury law, understanding one’s rights and entitlements can be critical, especially during traumatic events involving motor vehicle accidents. For more information about Accident Benefit claims and eligibility, contact the personal injury lawyers at Iacobelli Law Firm for a complimentary consultation. Long-term disability insurance is designed to provide financial support to individuals facing debilitating illnesses or injuries. However, despite the importance of these policies, many legitimate claims are denied by insurance companies. At Iacobelli Law Firm, we believe that understanding the common reasons for long-term disability insurance denials is crucial for policyholders. In this article, we shed light on these reasons, empowering you to avoid potential pitfalls and increase your chances of a successful claim.
Reason 1: Lack of Sufficient Medical Evidence One of the most common reasons for long-term disability insurance denials is insufficient medical evidence. Insurance companies require detailed documentation of your medical condition, treatment, and its impact on your ability to work. Failing to provide comprehensive medical records, doctor's reports, and test results can lead to claim denials. Tip: Consult with your healthcare provider and ensure they provide thorough and accurate medical records that align with your policy's disability criteria. Reason 2: Failure to Meet Policy Definitions Each long-term disability insurance policy has specific criteria for what constitutes a qualifying disability. Claims are often denied when policyholders do not meet these definitions. It's essential to review your policy thoroughly and understand the conditions and limitations it sets forth. Tip: Seek legal guidance if you're unsure whether your condition meets the policy's definition of disability. Reason 3: Missed Deadlines and Notifications Insurance companies have strict deadlines for reporting disabilities and filing claims. Failing to notify your employer or insurer promptly or missing submission deadlines can result in a denied claim. Tip: Familiarize yourself with the notification and filing requirements in your policy, and be sure to adhere to them. Reason 4: Lack of Consistency in Medical Records Inconsistencies in your medical records can raise red flags for insurance companies. Ensure that all medical documentation is consistent and accurately reflects the severity and progression of your condition. Tip: Keep a diary to track your symptoms, doctor's visits, and medications, which can help maintain consistency in your records. Reason 5: Pre-Existing Conditions and Waiting Periods Many policies include waiting periods before benefits are payable, and they may exclude pre-existing conditions. Claims can be denied if a policyholder is within the waiting period or if the disability is deemed related to a pre-existing condition. Tip: Review your policy's waiting period and pre-existing condition provisions carefully to understand how they affect your coverage. Reason 6: Failure to Cooperate with Insurer's Requests Insurance companies may request additional information, medical exams, or interviews during the claims process. Failing to cooperate fully can lead to claim denials. Tip: Be responsive and provide requested information promptly. Keep records of all interactions with the insurance company. Reason 7: Discretionary Clauses and Appeals Some insurance policies contain discretionary clauses, giving the insurer broad discretion in claims decisions. This can make it challenging to appeal denied claims. Seek legal assistance if you encounter such clauses. Tip: Consult with a lawyer experienced in long-term disability insurance claims for guidance on navigating discretionary clauses and the appeals process. In conclusion, understanding the common reasons for long-term disability insurance denials is vital for policyholders seeking to secure the financial support they deserve. At Iacobelli Law Firm, our dedicated team of legal professionals is here to assist you in your time of need. If your long-term disability claim has been wrongfully denied, contact us for a free consultation. We're committed to advocating for your rights and ensuring you receive the benefits you are entitled to under your policy. If your LTD claim has been denied, contact us for a Free Consultation. There is no obligation, so you can meet with an experienced disability denial lawyer that has recovered millions of dollars on behalf of injury victims just like you. To get started, call us anytime, our phone lines are open 24 hours 7 days per week, or complete our online contact form here. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. When unexpected medical conditions strike, long-term disability insurance can provide the financial support necessary to maintain your quality of life. However, navigating the claims process can be complex and overwhelming. At Iacobelli Law Firm, we understand the importance of simplifying this process for our clients. In this article, we provide you with a comprehensive step-by-step guide to demystify long-term disability insurance claims.
Step 1: Understand Your Policy Before you even begin the claims process, it's crucial to thoroughly understand your long-term disability insurance policy. Review your policy documents carefully, paying attention to the coverage details, waiting period, benefit amount, and any exclusions or limitations. If you have any questions or need clarification, don't hesitate to contact an experienced Long Term Disability lawyer. Step 2: Notify Your Employer and Insurance Provider Promptly inform your employer and insurance provider about your disability. Typically, policies require you to notify them within a specific timeframe after becoming disabled. Failure to do so could result in a denial of your claim. Step 3: Gather Documentation Collect all necessary documentation to support your claim. This includes medical records, doctor's reports, diagnostic test results, and any other evidence of your disability. Keep a record of all medical appointments and treatments. Step 4: Complete the Claim Application Fill out the claim application provided by your insurance company accurately and completely. Be detailed and provide all requested information, including your medical history, work history, and the nature of your disability. Ensure that you meet all deadlines for submission. It's a good idea to consult with an experienced disability insurance lawyer before submitting your application. Step 5: Consult with Your Healthcare Provider Consult with your treating physician regarding your long-term disability claim. They can provide essential medical opinions and records that support your case. Make sure your doctor is aware of the specific criteria your insurance policy requires for disability qualification. Step 6: Keep a Detailed Diary Maintain a diary documenting your disability's impact on your daily life. Include details about pain, discomfort, medication side effects, and any limitations in your activities. This personal account can be a powerful supplement to your medical records. Step 7: Communicate with Your Insurance Adjuster Expect regular communication with an insurance claims adjuster. Cooperate fully, promptly providing requested documents and information. Keep records of all correspondence and conversations. Again, if you are not sure about why the adjuster is requesting the information, speak to a lawyer. Step 8: Be Prepared for a Possible Medical Examination Some insurance policies may require an independent medical examination (IME) by a doctor chosen by the insurance company. Be prepared to attend the IME and provide accurate information about your condition. If you are asked to participate in an insurance medical examination, you should speak with a lawyer to get informed about your rights and the process. Usually, if the insurance company is asking you to see a doctor of their choosing, they may be preparing to deny your claim. Step 9: Review the Decision Once your insurance provider reviews your claim, they will make a decision. If your claim is approved, congratulations! If denied, request a detailed explanation for the denial, including the policy provisions or evidence used to make the decision. Step 10: Consider Legal Assistance If your long-term disability insurance claim is denied, it may be necessary to seek legal assistance. An experienced long term disability insurance lawyer can help you appeal the decision and navigate the complex appeals process. Navigating long-term disability insurance claims can be challenging, but with the right knowledge and guidance, you can increase your chances of a successful outcome. At Iacobelli Law Firm, we are dedicated to helping individuals secure the benefits they deserve. If you're facing a denied claim or need assistance with any aspect of the claims process, contact our experienced team today for a free consultation. We're here to advocate for your rights and ensure you receive the support you need during this challenging time. If your LTD claim has been denied, contact us for a Free Consultation. There is no obligation, so you can meet with an experienced disability denial lawyer that has recovered millions of dollars on behalf of injury victims just like you. To get started, call us anytime, our phone lines are open 24 hours 7 days per week, or complete our online contact form here. Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States. Andrew is a lifetime member of the Million Dollar Advocates Forum, and the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. |
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