Question 1

Can I Claim if I Am Attacked by a Dog?

Accepted Answer

If a dog has injured you, you may be able to claim for your injuries and out-of-pocket expenses. The law in Ontario is very strict towards the owner of a dog that has caused an injury. The owner will be responsible for the damages unless there are extreme circumstances. You should seek legal advice to determine your rights and protect your claim.
 
Disability Claims
 
Many individuals who are unable to work may have coverage under short and long-term disability plans provided through their employer or purchased privately.
 
Often individuals are denied these benefits by insurers on the basis of insufficient proof of disability. Insurers will often argue that if you are suffering from injuries that cannot be demonstrated through XRays or MRIs, then you have no claim. That is simply not true! Often people may be disabled as a result of injuries such as chronic pain or other soft tissue injuries. Proof of these types of disabilities can often be difficult, and it is essential the necessary evidence be obtained and submitted in a timely fashion.
 
We would be pleased to answer your disability claim questions and assist you with your appeal process.

Question 2

Can I Claim for an Injury Caused by a Faulty Product?

Accepted Answer

If you have been injured as a result of using a faulty product, you may be entitled to claim damages. To receive compensation, it must be shown that someone is "responsible" for the injury. You may have a claim for damages if a company: 
 • Has failed to properly inspect a product;
 • Has used defective material in manufacturing the product; and
 • Has failed to provide adequate warnings. 
 
The law governing this type of claim is very complex, and there are many strict time frames that must be adhered to. If you have been hurt in this type of circumstance, you should seek legal advice without delay.

Question 3

What if I Fall and Injure Myself?

Accepted Answer

There are many circumstances under which you may be entitled to compensation if you are hurt in a fall. Some of the conditions under which you could make a claim for damages are: 
 • Icy sidewalk or driveway
 • Damaged steps or walkway
 • Obstructed walkway
 • Slippery floors
 
To claim compensation, it must be shown that someone is "responsible" for your injury. Common claims involve someone neglecting to repair a faulty walkway or failing to properly sand or salt their driveway.
 
The legislation governing this type of claim is complex, and there are many strict timeframes that must be met. Failure to do so may prove fatal to your claim. In case you have been hurt in circumstances similar to these, you should seek legal advice without delay. We would be pleased to answer any questions you may have regarding your right to claim compensation.

Question 4

Can I Sue for Pain and Suffering as a Result of a Car Accident?

Accepted Answer

There are two possible sources of recovery following an accident. Your own insurance company is responsible for certain expenses, known as accident benefits depending on the severity of your injury. This aspect will be discussed in a later article.
 
If the accident was not your fault, you might also be able to recover damages from the insurer of the responsible vehicle. This could include amounts for pain and suffering, income loss, housekeeping and healthcare expenses.
 
To make a claim for pain and suffering, you must suffer an injury serious enough to pierce a level of injury referred to as the threshold. In effect, you must suffer a serious and permanent impairment of an important physical, mental or psychological function or suffer serious permanent disfigurement. If your injuries meet that criteria, you can sue for pain and suffering, but your claim will likely be reduced by a statutory deductible.
 
If you miss time from work, you can make a claim for income loss following a seven-day waiting period. You are entitled to claim up to 70% of gross income loss up to the time of trial and 100% of your gross income loss following a trial. Unlike making a claim for pain and suffering, there is no threshold to pierce to make a loss of income claim.
 
Should your injury pierce the threshold and require you to seek medical care not covered by OHIP or other sources, you can claim your healthcare expenses.
 
Your injuries may make it difficult for you to carry out household chores or activities of daily living. You may have to enlist the support of others and pay them accordingly. Should this occur, you may be able to seek reimbursement.
 
Personal injury claims are complicated and time-sensitive. It is essential that you retain a lawyer immediately to guide you through this process. Since 1956, Kelly Greenway Bruce has been advocating for the rights of injured parties. We will use our expertise and work with you to obtain just compensation and minimize your stress.
 
Contact Kelly Greenway Bruce at Oshawalawyers.com to learn about our experience and results, or call us today for a free consultation.

Question 5

What Am I Entitled To Recover if Injured in an Accident?

Accepted Answer

There are two possible sources of recovery following an accident. Your own insurance company is responsible for certain expenses, known as accident benefits depending on the severity of your injury. This aspect will be discussed in a later article.
 
If the accident was not your fault, you might also be able to recover damages from the insurer of the responsible vehicle. this could include amounts for pain and suffering, income loss, housekeeping and healthcare expenses.
 
To make a claim for pain and suffering, you must suffer an injury serious enough to pierce a level of injury referred to as the threshold. In effect, you must suffer a serious and permanent impairment of an important physical, mental or psychological function or suffer serious permanent disfigurement. If your injuries meet that criteria, you can sue for pain and suffering, but your claim will likely be reduced by a statutory deductible.
 
If you miss time from work, you can make a claim for income loss following a seven-day waiting period.You are entitled to claim up to 70% of gross income loss up to the time of trial and 100% of your gross income loss following a trial. Unlike making a claim for pain and suffering, there is no threshold to pierce to make a loss of income claim.
 
Should your injury pierce the threshold and require you to seek medical care not covered by OHIP or other sources, you can claim your healthcare expenses.
 
Your injuries may make it difficult for you to carry out household chores or activities of daily living. You may have to enlist the support of others and pay them accordingly. should this occur, you may be able to seek reimbursement.
 
Personal injury claims are complicated and time-sensitive. It is essential that you retain a lawyer immediately to guide you through this process. Since 1956, Kelly Greenway Bruce has been advocating for the rights of injured parties. We will use our expertise and work with you to obtain just compensation and minimize your stress.
 
Contact Kelly Greenway Bruce at Oshawalawyers.com to learn about our experience and results or call us today for a free consultation.

Question 6

What Should I Do if I Am Injured on a Municipal Sidewalk Due to Ice or Disrepair ?

Accepted Answer

In Ontario, there are very strict notice requirements. The accident must be reported to the local municipality within ten days of incurring the injury. Failure to do so can result in a denial of the claim. After the municipality has been notified of the claim, you have two years within which to pursue the matter by filing a Statement of Claim with the appropriate court. Failure to file this document within the two-year period will prevent you from pursuing the matter at a later time.
 
After you are injured, you should see your health care providers on a regular basis so that the extent of your injuries is properly documented. In many cases, it is necessary for us to have referrals made to various medical specialists to better understand your limitations and value your claim appropriately. For example, if you suffer a broken leg, it may appear at first that you will regain full use of your leg after several months of healing. After meeting an Orthopaedic Surgeon, you may learn that you will never regain full mobility, which in turn can affect your ability to work long-term and thus the value of your claim. For all of these reasons, it is important to seek legal assistance in proceeding with this type of claim.
 
Call us today at Kelly Greenway Bruce for a free consultation.

Question 7

Is a Dog Owner Responsible for a Dog Bite?

Accepted Answer

In the province of Ontario, the owner is responsible for the damages from a dog bite or attack. If there is more than one owner of the dog, they are both responsible. It doesn’t matter where the bite or attack occurs; whether it’s on the owner’s property or at the park, the owner is still liable for any damages that occur.
 
Years ago, the owner of a dog was not responsible for the dog’s first attack. Today, the “one free bite” rule is gone. The owner of the dog is responsible for any and all attacks that occur. The owner’s home insurance policy usually responds to claims relating to dog bites or attacks unless there is a violation of the policy. If there is no insurance coverage, the owner is personally liable.
 
If you have suffered injuries caused by a dog, including broken bones, scarring, or disfigurement, you can sue. Your damages would include pain and suffering, income loss from being off work and any medical bills, including physiotherapy or rehabilitation treatments.
 
After being bitten or attacked by a dog, get the owner’s information immediately. If the owner refuses to provide their information, call the police. The bite or attack should be reported to your local animal control services to ensure that the dog is up to date on their shots and to protect your health.
 
Even if the injury appears to be minor, call us today at Kelly Greenway Bruce for a free consultation, so we can help you protect your rights.

Question 8

How Are Personal Injury Cases Resolved?

Accepted Answer

People are often anxious about pursuing claims for compensation following an injury because they are fearful of court. Most personal injury cases, however, resolve without a trial!
 
Following an injury, it is essential you seek medical care and provide your doctors with details regarding your injuries and how they are affecting you. Our lawyers will obtain medical reports, provide them to the insurer and attempt resolution. In the event we cannot agree to a fair resolution, a claim will be instituted through the judicial system.
 
The claim will generally then proceed through a “discovery,” where the insurance lawyer asks questions regarding your injuries. Following discoveries, we will again attempt resolution informally. If the informal process is unsuccessful, a “mediation” often follows. Parties meet formally and enlist the services of a mediator, an independent party, to assist in the resolution process.
 
If mediation proves unsuccessful, the matter proceeds to a pre-trial. Here, both sides have the assistance of a judge who offers his views. The judge’s view is not binding but will often assist in resolution. Only if all of the above fails, which is rare, does the matter proceed to trial. Don’t let the fear of a trial prevent you from pursuing a claim.
 
The lawyers at Kelly Greenway Bruce are here to guide you through this complicated process. Call us today for a free consultation and let our staff use their expertise to ensure you obtain your best possible recovery.

Question 9

Will I Need To Pay a Retainer in My Personal Injury Claim?

Accepted Answer

No, you will not be required to pay any retainer in your personal injury claim.
 
On your first visit to our office, we will carefully review with you the circumstances surrounding your accident, the steps required to proceed with your claim and all costs so that you have a full understanding of the entire process.
 
In the course of advancing your claim, we will obtain all relevant medical information confirming your injury, including medical reports, hospital records, treatment records, etc. This can be a costly process; however, we will not ask you to pay any of these costs over the course of your claim. When the claim is resolved, we are usually fully reimbursed by the insurance company for most of these amounts.
 
In addition to the monies we pay out on your behalf, we don’t ask for a retainer or bill you for any of our time until the case is concluded. Lawyers’ fees on personal injury matters are generally paid pursuant to a contingency agreement that will be explained at the outset. When the case is settled and settlement funds are received, we will be paid a percentage from the settlement funds. In the event you do not recover compensation for your accident, we will not charge a fee for the time spent on your file.
 
Since 1956, we have come to be recognized as a leader in passionately advocating and achieving outstanding results for all of our clients.
 
Call us today for a free consultation and let our years of experience work for you!

Question 10

If I Have Been Involved in a Car Accident, How Long Do I Have To Sue the at Fault Party?

Accepted Answer

If you have been involved in a car accident in Ontario, the general rule indicates that you must commence a lawsuit within two years from the date of the accident.
 
There are two main exceptions to the two-year rule. The first exception relates to minors. Generally, a minor has two years from the time they turn 18 to start a lawsuit.
 
The second exception is one where you do not initially know that you were seriously injured as a result of the car accident. In that case, you have two years from the time you knew or ought to have known your injury was serious about commencing your action. There is an ultimate fifteen-year rule that states that after fifteen years, whether you knew or not about the seriousness of your injury, you will be unable to commence a lawsuit.
 
In addition to the two-year rule where the condition of a roadway controlled by a City, Region or Province may have contributed to the accident, you must place them on notice within ten days of the accident. In addition to the notice provision of ten days, the lawsuit must still be commenced within two years from the date of the car accident.
 
When you are injured in an accident, you should take legal action right away. If you don’t, you may lose your ability to pursue the matter. Contact us at Kelly Greenway Bruce for a free consultation, so we can help you protect your rights.

Question 11

Accident Benefits, What Are They?

Accepted Answer

Every automobile insurance policy in Ontario contains a mandatory accident benefit component. This coverage allows you to access various benefits, whether the accident was your fault or someone else’s.
 
When hurt in an accident, notify your insurance company immediately.  They will send you an Application for Accident Benefits (OCF-1)for completion to return within 30 days.
Accident benefits coverage is intended to be secondary to any other benefit plans you may have privately or through work. In effect, you must exhaust any and all benefit sources available to you before the accident benefits coverage will kick in.
 
Available accident benefits coverage falls into several categories.
 
You can claim medical and rehabilitation benefits. These can include things like medicine, physiotherapy, and chiropractic care to name but a few. The monetary amount available under this category varies depending on the type of injury suffered. Minor injuries are eligible for up to $3500 worth of coverage, while catastrophic injuries can access up to a million dollars worth of coverage.
 
If you need medical care at home, your insurance company may be responsible for paying attendant care benefits. Generally, up to $3000 per month is available for a two-year time frame unless you have purchased an optional benefit package or your injury is catastrophic, which will increase the amount available to one million dollars over your lifetime.
 
In the event that you cannot work and you meet the eligibility requirements, income replacement benefits are available to you after a 7-day waiting period. You are entitled to receive 70% of your gross weekly income less any benefits available to you from any private or work disability plan. The maximum available for this benefit is $400 per week. If you do not meet the criteria to be entitled to an Income Replacement Benefit, you may qualify for a non-earner benefit following a 26-week waiting period of $185 per week which may be payable to you if you suffer a complete inability to carry on normal life and you are over 16 years of age.
 
The above is a brief overview of some benefits you may be entitled to following an accident. Accessing benefits is often difficult and complicated.
 
Contact our accident benefit professionals so we can use our expertise to assist you through the process.

Question 12

Disability Insurance, What Is It?

Accepted Answer

Disability insurance pays you a portion of your income loss if you are unable to work due to disability.
 
You will need to look at your policy to see if you are covered by short or long-term disability plans or both. Short-term disability (STD) will allow disability payments following a short waiting period. The length of time the payments will continue will be set out in the policy, but normally they are for a limited time only, often 3 to 6 months.
 
Once your STD coverage is completed, you may have access to long-term disability (LTD) benefits. When, or if, this coverage comes into play will be set out in the policy. To qualify initially for LTD benefits, you must normally be unable to perform the essential duties of your own occupation. (Own occupation test) this test usually applies for two years. In order to qualify beyond that timeframe, you must generally prove an inability to perform the essential duties of any occupation that you would be suited for by reason of education, training or experience. (Any occupation test ) The time limits for which benefits are payable, as well as the applicable tests and when they apply, are detailed in the policy, so it is essential that these documents be reviewed carefully.
 
Benefit amounts will vary from policy to policy but will cover a portion of your salary based commonly upon a percentage to a maximum monthly amount. The percentage available to you will again be set forth in the policy but will commonly range from 60% to 80%.
 
The obligation is always on you to prove you meet the definition of disability to qualify for benefits. If your insurer does not accept that you qualify for benefits, they will deny your claim. There are strict time limits and actions that must be followed to assert your claim once denied. Failure to adhere to these time restraints could be fatal to your case.
 
Since 1956, Kelly Greenway Bruce has built a foundation in the community, and we have come to be recognized as a leader in passionately advocating and achieving outstanding results for all of our clients.
 
If your insurer denies your disability claim, you should contact our office immediately to arrange an appointment and allow us to review your policy and discuss your options. Let our years of experience in dealing with these types of disability matters work for you!

Question 13

How Should I Prepare for My First Meeting With My Personal Injury Lawyer?

Accepted Answer

If you have been injured in an accident caused by the negligence of others, you may have a case for compensation. After you have received the necessary medical attention, your first call should be to Kelly Greenway Bruce to set up a meeting with one of our experienced personal injury lawyers.
 
For your first meeting, bring any information you have about the accident, including details about how the accident occurred, any police information, including reports as well as insurance particulars for yourself and the other person or persons involved in the accident.
 
We will need to know about the nature of your injury, including any pre-accident health issues. Bring any receipts for the medical care you have incurred and any information given to you by the hospital, your doctor and/or your rehabilitation facility regarding your injuries and necessary treatment. It is important to have the names and contact information of the doctors as well as the dates that you received medical attention.
 
If there are any witnesses to your accident, bring their contact information and any other information you have about them, including what they may have seen. Call Kelly Greenway Bruce today for a free consultation, as early action is necessary to allow timely investigation and to ensure proper development of your case. Let us support and fight for you – from the first meeting until a settlement is reached.

Question 14

If I’m Involved in a Motor Vehicle Collision and Unable To Return to Work, Am I Able To Recover a Wage?

Accepted Answer

Anyone injured in a motor vehicle collision may be eligible for benefits under the Statutory Accident Benefits Schedule regardless of who is at fault. If you’re unable to return to work as a result of those injuries, it’s wise to seek legal counsel right away to ensure you receive the benefits you are entitled to, which can vary by circumstance.
 
If you were employed or self-employed at the time of the collision or were employed for 26 of the 52 weeks before the accident, you may be entitled to an ‘income replacement benefit’ through your motor vehicle insurance company. These benefits partially compensate you for your loss of income: you may receive weekly income replacement benefits of 70% of your gross income to a maximum of $400 a week for up to two years (excluding the first week).
 
Suppose you are completely unable to work more than two years after the accident; in any employment that takes into consideration your education, training and experience, you may be eligible to continue receiving income replacement benefits.
 
If the accident was the fault of another party, you might be eligible for a ‘top up’ through that party’s insurance company. If you weren’t working at the time of the accident – perhaps you were in school, you may be eligible for a ‘non-earner benefit’ through your own insurance company of $185 per week, an amount that kicks in six months after the accident.
 
A motor vehicle accident that leaves you unable to work – even temporarily – can have a dramatic impact on your life.
 
Kelly Greenway Bruce will work on your behalf to ensure you receive the benefits you are entitled to.

Question 15

How Much Time Do I Have To Sue?

Accepted Answer

In Ontario, numerous rules and procedures govern lawsuits but limitation periods are one of the most important to understand when considering your rights and deciding whether to commence a lawsuit.
 
The basic limitation period to pursue most claims is two years, and is set out in the Limitations Act. If you want to sue someone to recover damages, generally, you need to do so within two years of the date of loss or injury. Other limitation periods may apply to other specific situations. For instance, some insurance contracts may contain a clause that substantially shortens the limitation period - a term known as “contracting out."
 
In some circumstances, there may also be notice provisions you must adhere to before you can sue. If you slip and fall on a municipal sidewalk, for instance, you have 10 days from the date of the incident under the Municipal Act to give notice to the municipality. Not taking the appropriate steps within the appropriate timelines could leave you without a legal remedy - even if there is a legal basis to work towards the resolution you deserve.
 
If you have suffered a loss, we encourage you to get legal advice without delay to ensure your rights are preserved. Contact Kelly Greenway Bruce and let our staff assist you with your legal concerns.

Question 16

What Is Personal Injury Mediation?

Accepted Answer

In many personal injury cases, private mediation is held in hopes of achieving a resolution outside of court which can reduce the uncertainty and costs of a trial.
 
Private mediation is generally held in an office setting. Prior to the start of a mediation, the parties exchange documents outlining their positions. At the mediation itself, each party will present their side of the case before moving to separate conference rooms where settlement offers are formulated. A mediator – a neutral third party, chosen by both sides - will then present the offers and the responses along with the rationale for each.
 
The mediator doesn’t have the authority of a judge and can’t force any party to settle the case, but he can provide great help in pointing out the strengths and weaknesses in each party’s case, which can often lead to a settlement. If mediation fails, your case progresses along the normal litigation process through pretrial and, ultimately, trial.
 
Mediation is also utilized when dealing with accident benefit disputes with your own insurer. That mediation process will form the basis of another article.
 
Kelly Greenway Bruce understands the physical, emotional and financial strains motor vehicle accidents can cause. We’re dedicated to treating you with respect and compassion while using the law to advocate for fair compensation so you can rebuild your life with dignity.

Question 17

If I Am Involved in a Motor Vehicle Accident, Do I Have the Right To Choose My Own Case Manager and Treatment Providers or Must I Accept Those Assigned by the Insurance Companies?

Accepted Answer

Yes, you are entitled to choose your own case manager and treatment providers following a motor vehicle accident. It’s important to deal with people you feel confident are looking out for your best interests in treatment and ongoing care.
 
If you were injured in a car accident, you should speak to a personal injury lawyer to ensure you receive the accident benefits to which you’re entitled. Your lawyer will deal with your insurance company on your behalf.
 
Since 1956, the lawyers at Kelly Greenway Bruce have been helping clients make informed choices regarding their care and working closely with a wide range of treatment providers to advance your claim as fully as possible. These professionals will properly assess your injuries, determine an appropriate treatment plan and submit the application form for medical and rehabilitation expenses to your insurance company.
 
Kelly Greenway Bruce is committed to ensuring our clients receive the most complete treatment possible. If your insurance company denies your claim, we will diligently dispute the denial in an attempt to get you the treatment you need to rebuild your life.
 
Call Kelly Greenway Bruce today for a free consultation.

Question 18

My Lawyer Wants Me To Keep a Diary of My Injuries and Recovery, Why?

Accepted Answer

It’s important to keep a personal injury diary because it can take months or even years to resolve a personal injury claim. In that time, our memories can fade significantly, and a diary will help you recall the pain and suffering you’ve experienced as a result of the accident.
 
Your diary is a written account of how the injury has impacted your daily life, including physical pain and suffering, as well as mental or emotional pain and suffering, such as recurring nightmares about the accident.
 
It is important to address any restrictions you experience as a result of the accident. Keep track of activities you can no longer complete, such as working, exercising or attending special events, as well as whether your loved ones have had to take on additional responsibilities.
 
You should also use your diary to document out-of-pocket expenses you may incur, such as assistive devices and medication and to record dates of medical appointments and treatment, such as physiotherapy. A personal injury diary can help measure the impact an accident has had on your life, helping your lawyer negotiate fair and proper compensation with the insurance company. If you’ve suffered a personal injury as the result of an accident, contact the experienced team at Kelly Greenway Bruce.

Question 19

If I Cause an Accident, Can I Still Collect for My Injuries?

Accepted Answer

Regardless of fault, every person involved in a motor vehicle accident is entitled to Statutory Accident Benefits, which are provided by law under every auto insurance policy in Ontario.
 
If you miss work because of injuries sustained in the accident, you may be entitled to an income replacement benefit, and if you’re not working, you may receive a non-earner benefit. If you’re the main caregiver for someone in your household, you may qualify for a caregiver benefit. Additionally, you may be entitled to medical and rehabilitation benefits, which cover such care as physiotherapy, occupational therapy, and medication. Attendant care benefits offer compensation for some of the expenses of an aide or attendant, if required.
 
When you’re involved in an auto accident involving injury or property damage, you must report it to your insurer within seven days, regardless of who is at fault. You should also be aware that even if you were charged, depending on the circumstances surrounding the accident, you might still be able to sue the other driver or perhaps the municipality for damages. It is always important to contact a lawyer after any motor vehicle collision.
 
The team at Kelly Greenway Bruce will help investigate your claim quickly and efficiently to ensure you receive all benefits to which you’re entitled.

Question 20

How Long Will It Take To Resolve My Personal Injury Claim?

Accepted Answer

The length of time it takes to resolve a personal injury claim can vary widely depending on the type of accident and the extent of injuries sustained. Typically, it takes no less than a year to resolve a claim for minor injuries and from two to five years for reasonably serious injuries. That’s because it’s extremely important to wait until you have reached ‘maximum medical improvement from your injuries – in other words, that you’re as good as you’re going to get. Remember, once a claim is settled, you’ll be required to sign a ‘full and final’ release that protects the insurance company from paying further compensation in relation to that claim – even if your injuries persist for longer than predicted or worsen in the future.
 
When calculating how much your claim for pain and suffering may be worth, your lawyer will consider a variety of resources, including reports by medical experts confirming the extent of your injuries, when you recovered or are likely to recover, and how you’re likely to be affected in the future. The team at Kelly Greenway Bruce has extensive experience in personal injury claims and will work diligently to understand your unique case and negotiate a fair settlement on your behalf.

Question 21

Clearing Snow and Ice From Sidewalks: What Is a Homeowner’s Responsibility?

Accepted Answer

Municipal bylaws require residents to clear snow and ice from municipal sidewalks in front of their properties within a prescribed time period. However, the municipality is ultimately responsible for removing snow and ice from sidewalks and is responsible for breaching that duty.
 
That means that even if a homeowner breaches the bylaw, they’re not responsible for damages resulting from injuries incurred unless an exception relating to a property owner exercising control over the property or creating a hazard on the sidewalk applies.
 
If you fail to keep the sidewalk clear of snow and ice, you may receive a warning from the municipality directing you to clear the sidewalk within a certain period of time. If you fail to heed the warning, the municipality may have the snow and ice removed at your expense.
 
An individual who suffers a slip and fall accident may miss work as a result of injuries sustained and can potentially make a claim for lost wages, pain and suffering, and medical rehabilitation. To make a successful claim against a municipality, you must provide written notice to the municipality within 10 days of the incident.
 
If you’ve suffered injuries or losses as the result of a slip and fall accident, contact Kelly Greenway Bruce immediately in order to protect your right to sue.

Question 22

Long-Term Disability, What Is It All About?

Accepted Answer

Long Term Disability (LTD) insurance pays a portion of your income if you are disabled from working.
 
To qualify initially for LTD benefits, you must normally be unable to perform the essential duties of your own occupation. (Own occupation test) This test usually applies for two years. To qualify beyond that timeframe, you must generally prove an inability to perform the essential duties of any occupation that you would be suited for by education, training or experience. (Any occupation test ) Time limits for when benefits are payable, applicable entitlement tests and the number of benefits available are detailed in the policy, so it is essential that these documents be reviewed carefully.
 
The obligation is always on you to prove you meet the definition of disability to qualify for benefits. If your insurer does not accept that you qualify for benefits, they will deny your claim. There are strict time limits and actions that must be followed to assert your claim once denied. Failure to adhere to these time restraints could be fatal to your case.
 
If your insurer denies your disability claim, contact Kelly Greenway Bruce immediately to arrange an appointment and allow us to review your policy and discuss your options. Let our years of experience in dealing with these types of disability matters work for you!

Question 23

What Is an Insurance Adjuster, and Should I Talk to Them?

Accepted Answer

An insurance adjuster (also called a ‘claims adjuster’ or ‘claims specialist’) investigates insurance-related injury claims and determines your entitlement to damages.
 
If you’ve been involved in a motor vehicle accident with another vehicle, at least two insurance companies will be involved: yours and the insurance company for the other vehicle. You need to report the accident to your insurance company within seven days, regardless of who’s at fault.
 
Your claims adjuster will determine the extent to which your claim is covered by your insurance policy. As part of the terms of that policy, you’re obligated to answer questions about the accident, make your damaged vehicle available for inspection and provide relevant documentation related to the accident and your claim.
 
The insurance adjuster of the other driver, however, will want to eliminate or reduce their client’s liability for causing the car accident because doing so will minimize their payment of any claims. Any information an unsuspecting accident victim provides – no matter how truthful – could be misinterpreted or used to minimize the claim.
 
Your best strategy is to retain an experienced personal injury lawyer who will ensure only relevant information is given and your interests protected. If contacted by the other driver’s insurance company, don’t volunteer any information.
 
Contact Kelly Greenway Bruce today.

Question 24

In a Personal Injury Matter, Can I Pay All Fees and Charges Out of the Final Award or Settlement?

Accepted Answer

Generally, most lawyers handling personal injury matters will act on a contingency basis. In effect, this means that you will not be required to provide a retainer or money to fund your lawsuit upfront. The law firm will pay the costs associated with prosecuting the matter as it progresses, and they will wait until the completion of the matter to be reimbursed. Contingency arrangements work well as the costs associated with proceeding with your case can be substantial, and if contingency was not in place, injured parties may decide not to proceed with their lawsuit for economic reasons.
 
Furthermore, the lawyer’s fee will only be paid upon successful completion of the file. In the event the matter proceeds and no recovery occurs, contingency arrangements will mean that your lawyer will not be entitled to recover a fee for his services
 
Pursuing a personal injury case can be costly and take time. It is essential you choose a firm with the knowledge and ability to prosecute your claim from start to finish. Kelly Greenway Bruce has been assisting injured parties following traumatic events since 1956.
 
When you need a firm with a proven track record, contact the personal injury team at Kelly Greenway Bruce.

Question 25

What Are Some of the Things I Should Consider When Hiring a Lawyer?

Accepted Answer

Choosing the right lawyer to assist you is a major decision that will impact the ultimate outcome of any legal matter you may be involved in.
 
You want a lawyer who practises extensively in the relevant area of law. You need to research your lawyer’s qualifications. What sort of reputation do they have with previous clients, as well as other lawyers and judges in the community? What sort of results have they achieved in the past? Are they willing to take a matter to trial, if necessary?
 
It is important that you have confidence in the legal firm you choose and that they understand the full extent of your issue and are willing and able to exercise damage control, consider cost and get the best final outcome for you.
 
Above all, you want a lawyer who is readily accessible. You need regular contact with your lawyer on an ongoing basis in order to prepare and proceed with your case effectively.
 
Kelly Greenway Bruce is a full-service law firm experienced in personal injury matters. If you want a law firm that will support you using their years of experience, dedication and integrity, contact the law firm of Kelly Greenway Bruce.

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