If you have been involved in an automobile accident, then you might seek answers to specific questions. This article offers answers to 3 of the most-frequently asked questions. (more…)
Compensation For Different Types Of Disabilities Under Tort Laws
Now, it’s worth noting that long term disability insurance has the sole intention of providing income protection to those who have become ill and are thoroughly unable to perform their professional duties at their regular occupation.
Litigating disability insurance claim would entail that your attorney has clearly defined the amount of the disability benefits that you are claiming and that you are entitled to. This particular amount is going to be dependent on the provisions which are thoroughly set forth in your individual insurance policy. However, different types of disability benefits are going to entitle you to different insurance amounts so let’s break them down a notch.
Partial Disability Benefits
In a wide range of insurance policies, if the claimant is still partially able to perform certain tasks at his or hers professional occupation, only partial benefits are going to be entitled. With this in mind, this would have to be carefully thought out by the lawyer.
Residual Disability Benefits
If you are going to be recovering gradually over a period of time you would be entitled to the so called residual disability benefit. This means that your insurers are likely to be claiming that you receive a residual benefit as per the policy. In these particular cases you would have to rely on your lawyer to be able to prove totally disabled benefit.
Now, it’s also possible that your insurer denies you payment and recovery of the damages. In this case you are rightfully entitled to filing a claim with the court and claiming your rights there. You would have to go through a civil lawsuit procedure which is going to take time and money but it would be the only way to get what is rightfully yours. However, the procedure would also require you to hire a professional attorney to represent you in front of the judge and to protect your legal rights. Furthermore, you would also be capable of claiming interest from the moment the compensation was due to the moment the verdict was set in force.
In any case, this is likely to be the worst case scenario as it’s going to take a significant amount of time and effort and the result is never guaranteed, regardless of whether or not you are convinced that compensation is due. This is why it might be a good idea to proceed to handling the matter outside of the court through different mediation procedures or even going for arbitration. You should aim at getting a settlement as soon as possible because this is what’s going to ensure thorough and prompt paying of what’s due and what you are rightfully entitled to. Hiring an experienced personal injury lawyer in Cambridge would be the right thing to do so that your interests are well-represented and you are not low balled by the insurance company into accepting their minimum amount as compensation.
In Motor Vehicle Accidents, Can You Sue The Other Driver?
Unfortunately a lot of people tend to believe that if you have been injured as a result of a vehicular accident in a province which has no-fault insurance legislation they won’t be able to sue the other driver for the actual losses. This is far from being true. The city of Hamilton is located in the province of Ontario and currently the Rules of Fault Determination are enacted in order to provide clarification above that matter. However, you are still going to be able to sue the other driver for certain damages, provided that the other driver has acted negligently.
Pursuant to the no-fault provisions which are set forth by the province of Ontario, you are entitled to go for accident benefits from the insurance company that you have contracted. Nevertheless, these benefits are not going to fully compensate you for every kind of damage that you may actually suffer. This is why the legislation also allows you to sue the other driver in order to get properly and fully compensated. This solution is incredibly fair because it allows victim to reclaim what has been metaphorically taken away. So whit this in mind, let’s take a look at the damages that you are allowed to sue for apart from what you will receive from your insurance company.
- Economic loss
This is what you have basically spent in order to recover from the injury. These damages are based upon simple documents like medical receipts and basically everything that proves you’ve spent money in regard with your injuries.
- Loss of the capacity to earn which relates to future losses of income
This provision is incredibly important. Vehicular accidents often result in terrible injuries which render the victim unable to provide the same amount of work that he was able to prior to the accident. This results in a loss of income, which he could sue for in court.
- Pain and suffering
These are the commonly known emotional damages. They have to be discretionally assessed by the court in any single case.
- Loss of care or guidance and companionship
These are also emotional damages that could be sought by the relatives of the victim. They usually occur in cases of severe injuries and long-term disabilities when the victim used to take care for particular family members. The Family Act of Canada allows those members to seek reparation for their losses.
Nevertheless, it is important to understand that you would be able to go after the other driver in court, regardless of the money you have received from the insurance. Of course, this would be taken into consideration by the court and your compensation is going to be respectively reduced.