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Choosing a long term disability lawyer is an important decision. Ideally, you will have a recommendation from someone who has used a particular lawyer in the past or you may know a lawyer who can recommend an experienced lawyer who represents clients with denied LTD claims. If you need to find a lawyer without a personal recommendation, there are ways to ensure that you find the right person for you.
A quick internet search will show that there are many lawyers who offer to represent clients disputing a denial or termination of their long term disability claim. It’s important to look further than a polished website which claims significant success against insurers. If your disability benefits were terminated or denied recently, you have time to find an experienced disability lawyer with a proven track record of success in suing insurance companies for their clients.
Many law firms claim an expertise in disability insurance law. It’s important to determine that your lawyer has experience in long term disability insurance cases and has a plan for how to pursue your claim. Is the lawyer considered an expert in the practice area? Also keep in mind that finding someone with significant experience in disability law is more important than where the person’s office is located. The pandemic convinced disability insurance companies that virtual attendances (like Zoom and WebEx) could be just as effective as in person mediations, examinations for discovery and even court appearances.
One way to determine whether the lawyer has experience handling long term disability claims is determine if the person has spoken at conferences or written papers in the area. Check to see if the lawyer speaks about disability at conferences for industry associations such as the Ontario Trial Lawyers Association, the Canadian Life and Health Insurance Association or the Ontario Bar Association.
Once you realize that you need to hire a lawyer to pursue your disability benefits, consider whether there is anyone that you know who can help you determine the right lawyer for you. For instance, your family doctor, counsellor or other treatment provider will probably have dealt with a law firm representing a patient in the past. If you have a trusted friend who works in the law or you have dealt with a lawyer for your house purchase or to draft your will, they may know an experienced disability lawyer or will know how to find one.
Read the online reviews that are available – do they specifically refer to a disability claim? Do they refer to the lawyer by name or just the firm name? Do they describe the lawyer in terms that matter to you such as thorough, compassionate, tough or experienced?
Every law firm has a staff person who takes your initial information before scheduling a time to meet with a lawyer. Remember that you want to meet your lawyer – the person who will actually handle your case from start to finish. If you are told that you will meet your lawyer “in time” or that you will be assigned a lawyer, consider how important it is to feel comfortable and confident with the lawyer you choose.
Ask hard questions like:
Many disability lawyers will offer a contingency fee arrangement which means that you will not pay legal fees until the case is resolved. This can be important because disability claimants have to find a way to support themselves for an extended period while the lawsuit proceeds. The Law Society of Ontario regulates contingency fee arrangements and lawyers are required to post the maximum percentage they will charge for a contingency fee on their website.
Some cases must be handled on an hourly rate basis – for instance, if there will be no lump sum paid for the claim such as a mortgage disability case where the benefits are payable to the bank. Choose a lawyer who is open and comfortable discussing legal fee arrangements and answering your questions directly and fully.
Many law firms will offer a free consultation. To be a meaningful meeting, the lawyer will need to have some information about the reason your claim was denied (such as insufficient medical evidence) and the amount of your insurance benefits. You should provide the law firm with a copy of the denial letter and the insurance policy or benefits booklet before your meeting. It is an important time for you to be able to get a sense of whether you are comfortable with your lawyer and to understand the basic legal process involved in suing your disability insurance company. It is reasonable to insist on meeting the lawyer who will be handling your case when you contact the law firm to seek legal advice.
When you make the decision to hire a particular disability lawyer, you will want to determine how the lawyer plans to deal with your lawsuit. Does the firm have more than one experienced disability lawyer who can step in if your lawyer is ill or away for a vacation? Who will you speak with when your lawyer is in court, at a mediation or a discovery? Find out if there is one clerk assigned to work on your file and whom you will be able to contact to provide updates about your health and ask questions about your case.
It is reasonable to ask the lawyer to lay out the plan for your case. You should expect the law firm to promptly gather relevant medical documents and the insurance policy as well as the disability claim file. The lawyer should take the time to determine if there were errors in the claim process and explain whether the insurer appropriately considered your medical condition and the policy’s definition.
Very few long term disability benefits disputes will go to trial. As a result, most Ontario disability lawyers do not have any trial experience. The majority of disability claims settle after examination for discovery or at a mediation. While there are good reasons for the insurance company and the disability claimant to agree to a settlement rather than risk a loss at trial, it is important to determine what your lawyer will do if the insurance company is unwilling to take your case seriously and offer a reasonable settlement.
Burn Tucker Lachaîne PC has 3 lawyers who are Certified Specialists in Civil Litigation. The firm has a proven track record of trying jury and non-jury cases. Figure out if your lawyer can provide a credible litigation threat to your insurance company by asking:
Our experienced disability lawyers are practical and know how to approach the legal process efficiently. We are a firm of six women who dedicate our practices to litigating cases for injured and disabled plaintiffs. We have four senior lawyers who have 20 to 30 years of experience representing clients and two bright, hard working and committed young lawyers who handle their own files and support the more senior lawyers when necessary.
Reach out to us today to schedule a free consultation and determine if we are the right law firm for you.
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