As a lawyer that represents people in claims for long-term disability insurance, my primary goal is to help individuals who are unfairly denied the benefits they desperately need. When people find themselves unable to work due to a debilitating condition, their long-term disability insurance should serve as a financial lifeline. Unfortunately, denials are common, and that's where I come in. In this article, I'll shed light on how lawyers like me get paid for handling these vital cases, specifically focusing on the contingency fee basis we often employ.

Contingency Fees: A Partnership for Justice
The cornerstone of our practice is the contingency fee arrangement, which places a significant emphasis on delivering justice to our clients. Here's how it works: In a contingency fee model, we represent our clients with the understanding that our compensation is directly tied to the outcome of the case. Simply put, we don't get paid unless we win the case and secure the benefits our clients deserve.

Contingency fees typically involve a percentage of the recovered benefits. This fee structure aligns our interests with those of our clients. We have a vested interest in winning the case, as our payment is contingent on their success. This approach allows clients to access skilled legal representation without the burden of upfront fees, ensuring that justice is not reserved only for those who can afford it.

Investing in Your Case
Taking on a long-term disability insurance denial claim is a substantial undertaking. It requires meticulous research, legal expertise, and often, a willingness to go to court to fight for the benefits our clients deserve. In many cases, our clients are facing financial hardship, so we front the expenses needed to build a strong case. These costs can include medical records, expert witness fees, court filing fees, and more.

Our firm's investment in your case demonstrates our commitment to your cause. We have a vested interest in pursuing every possible avenue to secure your benefits. If we don't win your case, you won't be left with a pile of expenses and an empty wallet.

Access to Justice for All
Contingency fee arrangements level the playing field, ensuring that everyone, regardless of their financial situation, can seek the legal representation they need. Without the burden of hourly rates or upfront fees, our clients can focus on their well-being and trust that we are working diligently to protect their interests.

Choosing the right disability lawyer is about more than just their fee structure. It's about finding a legal partner who is genuinely invested in your well-being and has the expertise to navigate the complexities of long-term disability insurance denial claims.

Contact Us to Learn More

As lawyers who handle long-term disability insurance denial claims on a contingency fee basis, our commitment to justice is unwavering. We firmly believe that everyone deserves access to skilled legal representation when their insurance claims are denied. The contingency fee structure allows us to stand shoulder-to-shoulder with our clients, fighting for the benefits they deserve without the financial barriers.

If you or a loved one are facing a long-term disability insurance denial, we're here to help. At our firm, we are dedicated to pursuing justice on your behalf, and our contingency fee model ensures that you only pay when we win. Contact us today to discuss your case, and let us be your advocate in the pursuit of the benefits you rightfully deserve.  We serve clients in all of Ontario.  

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". ​

Being a pedestrian involved in a car accident is a traumatic experience. When it happens on foreign soil, it can be even more confusing, especially for Canadian pedestrians hit by cars in the United States. In such cases, understanding your rights and options for accessing benefits becomes crucial. This article explores the rights of Canadian pedestrians injured in the U.S. and their ability to access Ontario Uninsured/Underinsured Motorist (UM) and No-Fault Benefits.

The Basics of Ontario UM and No-Fault Benefits
In the context of a Canadian injured in the United States, the two most important aspects of  Ontario's auto insurance system are: Uninsured/Underinsured Motorist (UM) coverage and No-Fault benefits.

1. Uninsured/Underinsured Motorist (UM) Coverage:
   • UM coverage is designed to protect you when you're involved in an accident with a driver who either has no insurance or insufficient insurance to cover the damages and injuries resulting from the accident.
   • In Ontario, UM coverage can be added as an optional rider to your auto insurance policy. It's particularly valuable for situations when the at-fault driver is uninsured or underinsured.
2. No-Fault Benefits:
   • Ontario's No-Fault benefits provide coverage for medical and rehabilitation expenses, lost income, and other accident-related costs, regardless of who is at fault.
   • These benefits are typically available to residents of Ontario who are injured in motor vehicle accidents, whether in Canada or the U.S.

Rights of Canadian Pedestrians Injured in the U.S.
When Canadian pedestrians are hit by cars in the United States, several factors come into play regarding their rights to Ontario UM and No-Fault benefits:

Ontario Auto Insurance Coverage:
​Your rights to UM and No-Fault benefits in Ontario largely depend on the terms and conditions of your auto insurance policy.   In our experience, most Ontario auto insurance policies include at least $1Million in UM coverage.  The Ontario No-Fault benefits are statutory and the coverage avaialble will depend on the nature and severity of the injuries. 

U.S. Insurance Claims:

• If the at-fault driver in the U.S. has auto insurance, you may need to pursue a claim against their insurance company first.
• Your ability to access UM coverage in Ontario could depend on whether you are successful in obtaining compensation from the U.S. driver's insurance.  

Given the complexity of cross-border insurance issues, it's advisable to consult with an experienced lawyer who is experienced in personal injury and cross-border claims. Canadian pedestrians hit by cars in the United States may have rights to Ontario UM and No-Fault benefits, but the specifics can vary based on the circumstances. It's crucial to understand the terms of your auto insurance policy, and seek legal advice to ensure you access the benefits you are entitled to.

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". 

Long-term disability insurance is a valuable safety net designed to provide financial support to individuals who find themselves unable to work due to a disability or medical condition. Unfortunately, it's not uncommon for legitimate LTD claims to be denied by insurance companies, leaving claimants in a state of uncertainty and financial strain. In this blog post, we will explore some of the common reasons behind the denial of long-term disability insurance claims, shedding light on why these denials occur and what steps you can take if you find yourself in this situation.

• Insufficient Medical Evidence One of the most frequent reasons for the denial of long-term disability insurance claims is the lack of sufficient medical evidence. Insurance companies require extensive medical records, reports, and expert opinions to validate the extent of your disability. If your application lacks comprehensive medical documentation or if your healthcare provider's records do not explicitly describe the impact of your disability on your ability to work, it can lead to a claim denial.

What to do: To address this issue, make sure that your medical records are thorough and accurately reflect your condition. Consider seeking the expertise of specialists and obtaining a statement from your treating physician that clearly outlines the limitations imposed by your disability.

• Pre-Existing Conditions Many insurance policies contain clauses that exclude coverage for disabilities related to pre-existing conditions. If the insurance company believes that your disability is a result of a condition that existed before your coverage began, they may use this as grounds for denial.

What to do: Carefully review your policy to understand pre-existing condition limitations. If you believe your condition is not pre-existing, gather evidence to demonstrate that your disability is a result of a new occurrence or an exacerbation of an existing condition.

• Failing to Meet the Definition of Disability Long-term disability insurance policies often include specific definitions of what constitutes a disability. To be eligible for benefits, you must meet the policy's definition. If your medical condition does not fit within this definition or if the insurance company interprets it differently, your claim may be denied.

What to do: Familiarize yourself with your policy's definition of disability. If you believe your condition meets the criteria, consult with a legal expert who can help you present a persuasive argument to the insurance company.

• Missed Deadlines and Documentation Errors Insurance companies impose strict deadlines for submitting claims and appeals. Missing these deadlines or making documentation errors can result in the denial of your claim. Even minor mistakes in paperwork can give the insurance company a reason to reject your claim.

What to do: Be diligent about adhering to all deadlines and ensure that your paperwork is complete and error-free. Legal assistance can be invaluable in guiding you through the process correctly.

Conclusion
While a denial of your long-term disability insurance claim can be disheartening, it's essential to understand the reasons behind it. If your claim has been denied, don't lose hope. Seek the guidance of experienced legal professionals who specialize in disability insurance claims, like the experts at Iacobelli Law Firm. An experienced LTD denial lawyer can help you build a compelling case for your appeal and work to secure the benefits you rightfully deserve. Remember that persistence and knowledge of your rights are crucial in overcoming a denied disability claim.

Time is never on your side when you are injured. The statute of limitations is a legal time limit that dictates how long you have to initiate a lawsuit after a specific event, such as an accident or injury.  Once this prescribed period expires, you typically lose the right to bring a legal claim, regardless of merit. Don't let the insurance companies gain the upper hand by waiting too long. Learn why time is of the essence and how early action can level the playing field. Watch now and safeguard your rights to fair compensation for your injuries, harms and losses.

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. 

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. 

Greetings to my fellow Americans seeking to understand the intricacies of personal injury law in Ontario, Canada. If you've found yourself in a situation where you or a loved one has suffered an injury, it's important to be informed about your rights and the legal processes in a foreign country. Navigating personal injury lawsuits in Ontario may seem daunting, but with the right knowledge and guidance, you can make informed decisions and seek the compensation you deserve. In this primer, I will shed light on the essentials of personal injury law in Ontario and provide insights into key differences between the American and Canadian legal systems.

Understanding the Basics of Personal Injury Law in Ontario
Personal injury law in Ontario is rooted in principles that prioritize the well-being and rights of individuals who have been harmed due to the negligence or misconduct of others. Here are some foundational aspects to grasp:

• Negligence: Central to personal injury claims is the concept of negligence. In Ontario, negligence refers to the failure to exercise reasonable care, resulting in harm to another person. Proving negligence involves demonstrating that a duty of care was owed, breached, and that the breach directly caused the injury.
• Statute of Limitations: Just as in the US, Ontario has a statute of limitations that dictates the timeframe within which a personal injury lawsuit must be filed. It's crucial to be aware of these limitations and initiate legal action promptly.
• Contributory Negligence: Ontario follows a principle of contributory negligence, meaning that if the injured party is found partially at fault for the incident, their compensation may be reduced proportionately.
• No-Fault Insurance System: Ontario operates under a no-fault insurance system for motor vehicle accidents. This means that regardless of fault, individuals injured in car accidents typically turn to their own insurance company for compensation, which can cover medical expenses, rehabilitation, and income replacement.  There is also the ability to sue the at-fault party 

Key Differences Between American and Canadian Legal Systems

While there are similarities between American and Canadian legal systems, some distinctions are crucial to understand:

• Universal Healthcare: In Canada, including Ontario, there's a publicly funded healthcare system. This means that injured individuals can access medical treatment without worrying about upfront costs. Medical expenses are generally not as large a part of personal injury claims, as they might be in the US.
• Caps on General Damages (ie. Pain and Suffering): The cap on general damages is intended to limit the amount of compensation that can be awarded for non-pecuniary damages, which include pain and suffering, emotional distress, and loss of enjoyment of life. 
• Legal Costs: In Ontario, the loser of a lawsuit usually pays a portion of the winner's legal costs. This is different from the American system, where each party usually bears their own legal costs.

Protecting Your Rights and Seeking Compensation
To protect your rights and seek compensation after a personal injury in Ontario, consider the following steps:

• Seek Medical Attention: Your health is a priority. Seek prompt medical attention, and keep detailed records of all medical treatment and related expenses.
• Document the Incident: Preserve evidence related to the incident, such as photos, witness statements, and any available surveillance footage.
• Consult an Ontario Personal Injury Lawyer: Enlisting the services of an experienced personal injury lawyer in Ontario can greatly enhance your chances of a successful claim. A lawyer can navigate the legal intricacies, negotiate with insurance companies, and represent your interests in court if necessary.
  
• Timely Action: Adhere to the statute of limitations by initiating legal action within the required timeframe.

Navigating personal injury lawsuits in Ontario, Canada, as an American can be complex, but with proper understanding and guidance, you can protect your rights and seek compensation for your injuries. Remember that you don't have to navigate this journey alone. 

Wishing you strength and success in your pursuit of justice,

Andrew Iacobelli


Request a free initial consultation now.

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". 

In our latest YouTube video, personal injury lawyer Andrew Iacobelli discusses the common question "How Long will my personal injury case take to settle?"  As explained in this video, there are many factors that can impact the length of time for a personal injury case to settle.  Your lawyer shares your interest in trying to advance your case as quickly as possible.  Unfortunately, there are sometimes factors outside of the control of the lawyer that will impact the amount of time that a personal injury case takes to resolve.  Some factors include:

• The nature of the injury and contemplated treatment.  Lawyers and insurance companies will want to determine if a person has reached maximum medical recovery.  This helps us understand what the longer term consequences of the injury will be on the person's health and function.  This is an important consideration to determine the value of the personal injury case. ​
• Court resources.  The length of time may depend on the availability of the court to schedule hearings and trials. There are steps to the litigation of a personal injury claim that require the court.  The availability of judges and court time can vary depending on the jurisdiction.  
• Discovery.  Every personal injury lawsuit involves a discovery process.  This is where information and documents are exchanged, questions are answered and witnesses are examined in depositions.  Depending on the nature and complexity of the issues in the case, discovery can take a lot of time to complete.  Often the in person examination of witnesses and experts will require coordinating various schedules, which could also impact the time it takes for a personal injury case to settle. 

There are other factors that can also impact the time it will take for your personal injury case to resolve.  Speak to your lawyer.  If you are wondering about the status of your personal injury case or what steps need to be completed, call your lawyer for an update.  

We hope you enjoy this video and find it informative.  If you have questions about a personal injury case, call us anytime at 866-234-6093 or request a free consultation.