Insurance is an integral part of our lives. Up until your injury, you only dealt with an insurance company to pay premiums for your automobile insurance or to file a small claim for damages to your house. Now that you have been injured in an accident, you are dealing with an insurance adjuster whose job it is to adjust and settle your claim for the insurance company for the minimum amount of money. A Policy Defense When an adjuster investigates a claim, the first paragraph in every report back to the insurance company is a section entitled "Policy Defenses." This paragraph details whether or not the insurance company has a possibility of minimizing the claim or avoiding paying the claim all together. What does this mean to you? Well, it underscores that the insurance company's first order of concern avoiding or minimizing your claim unless it absolutely is required to pay you more. Insurance Delay Tactics Admittedly, the insurance adjuster is required to gather a lot of information to develop a settlement recommendation for his carrier. However, many unscrupulous adjusters, in conjunction with the insurance company, use certain tactics to exhaust and confuse you. At some point, they hope that you will take what they offer and walk away. Some of the tactics used include: Extensive And Repeated Examinations. The insurance adjuster will demand that you have multiple "examinations" and "tests" before authorizing the payment of your medical bills. Often, you will have to be seen by "their" doctor. He will almost always diagnose minimal injury and impairment associated with the claim. Big surprise, right? Extensive Paperwork And Inspections. The insurance company will require that you fill out forms and have your automobile or other property inspected by the adjuster (if it was involved in the accident). You will have to get multiple repair estimates unless you agree to take the vehicle to "their" repair facility where it will almost always be repaired with as little cost to the insurance company as possible. Again, big surprise, right? Recorded Or Written Statements. You will almost always be required to give a written or recorded statement right after the accident. Adjusters and insurance companies know that certain personal injuries do not manifest themselves until many days or weeks after an accident. The hope is that, right after the accident, you will make an admission that you were not badly hurt. Your statement is now "locked in" and will be difficult to change later. Find A Personal Injury Attorney To Represent Your Interest You will find that even if you cooperate extensively with the insurance company and adjuster, months later, the insurance company is not willing to pay for all your medical bills and properly compensate you for your pain, suffering and lost wages. You will often be broke (from your inability to get to and from work) and unable to work and willing to settle for pennies on the dollar. Speaking to a competent personal injury attorney soon after the accident is the smart way to preserve your claim. A personal injury lawyer, accident attorney or wrongful death attorney (in the case of a death) can help you preserve crucial evidence, document latent injuries and properly calculate complicated lost wages and personal injury impairment. Were you walking through a store and slip on a wet floor where there was no sign? Odds are you suffering from some, if not several, injuries. It will be in your best interest to get ahead of the game and contact a personal injury lawyer. The worst thing with slip and fall cases is most people do not feel like they hurt that badly. Most of the aches and pains come after a few days, when the shock of the incident wears off. If you do not act correctly in the beginning, you will be fighting an uphill battle. Even a brief consultation, which is usually free, gives you a better chance of seeing a positive result. What to Do First The first thing to do if you slip and fall is to document the accident. You need to note any damages you have immediately, look for any signs or warnings, and file a claim. Then the insurance companies will begin the fight to save the property, their client, money. When you document, you can take notes from witnesses and get their names, but you can also use your cell phone to photograph the scene of the accident. You are entitled to compensation, even if the damage is minor. When to Hire The importance of a consultation is not disputable, but you will need to decide if it is time to hire a legal advisor to get the most compensation for your injury as possible. Most attorneys work off of a contingency fee and if you are not expecting to see much in return, you may decide that hiring a lawyer is not worth it. An attorney's office makes it their job to let the other person know that you have been injured, what they are, and then to work to seek resolution. Not all cases will make it to court; in fact, it is in your best interest if they do not go to court. The amount you get for your claims will be higher if you can settle. Your case will be handled uniquely, even though many people have slipped and fallen in the past. Attorneys are simply there to make sure you know how to best get compensation. While you are in pain, you may not think of several things that would benefit your case, like keeping receipts of every chiropractic visit. Unfortunately, you cannot rely on the other party's insurance company to cover your medical and physical injuries completely. Allow a personal injury lawyer deal with the insurance mess while you simply recover from your injury, allowing you to get back to work. Employers often offer Group Benefit Plans that include long term disability benefits and provide some guidance to employees on how to submit a claim. For professionals who own their own policies, maneuvering through the red tape to file a disability claim, and prove to the insurance company that it is valid, can be comparatively more difficult. Private disability plans in Canada pay benefits after the expiration of a waiting period of usually between 30 - 90 days or longer depending on the particular policy. Many private policies provide for long term benefits, in the event that the policy holder is totally disabled from their own occupation. For younger policy holders, it can be even more difficult to get insurance companies to agree to long term disability benefits, as the length of time they are paying out benefits will be longer. Many cases are resolved by negotiating a lump-sum settlement as both the policy holder and the insurance company prefer to end their ongoing relationship in exchange for a mutually agreeable compromise. Hiring David Share Associates to help you secure all the long term benefits you deserve can make all the difference. Our skilled lawyers can successfully maneuver through the red tape to simplify your policy and interpret it to your advantage. For peace of mind, and maximum long term disability benefits when you need them, turn to David Share Associates based in Toronto and throughout Ontario. There are time limits to all long-term disability claims and any delay in proceeding may be subject to a deadline. You should not delay in proceeding with your disability claim or obtaining legal advice to clarify these deadlines.
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