Can I Sue If Long-Term Disability Claimed Is Denied?

In the province of Ontario, as it is in a few other provinces of Canada as well, parties who are injured and want to recover compensation would usually have exactly 2 years from the accident date or the date of the denial to commence a lawsuit. With a few exceptions when it comes to minors and sexual claims, this is the principal rule and it shouldn’t be taken lightly at all. This is the limitation period for the plaintiff and if you miss it, well, you are seriously out of luck.

Limitations Act of Ontario

There is one specific piece of regulations which enacts these rules and it’s the Limitations Act of Ontario. It got enacted back in 2002 and it is designated to set out the time periods during which you are capable and you aren’t capable of filing your claim.

However, there are a quite a few different things that you might want to take into proper consideration. While when the case is an accident the situation is pretty straightforward, it’s not as easy when, for instance, you want to file a long term disability case for the overall benefits which have been denied wrongfully by the insurance company. This is when things get a bit tricky and the injured parties can easily get tricked. This is why you need to take quite a few different things into proper account.

Now, it’s easy when the denial of your claim is following the standard form. This means that you will receive it in a written form and it will contain a properly laid out invitation to appeal it. However, in certain situations, there is no written denial. This is something that you need to account for. Perhaps the denial was actually relayed through the phone or with an email. In any case, the appealing process is what’s important. When you do so, this appeal will be handed to a new adjuster. You can rest assured that this is going to end up with another denial. This is 99% sure.

Don’t lose heart, though. You still haven’t lost the case and there is the court to help you out. This is something particularly important and something that you truly need to take into account. Filing your appeal with the court is by far the best thing you can do when you get your claim denied. Of course, in order to do so you would have to use a lawyer as this is definitely not an easy procedure to tackle. It’s a complicated one which comes with a lot of challenges but it’s certainly not that difficult to handle if you have a professional and reliable lawyer on your side. They must have handled plenty of similar cases and will draft a strong case that will highlight your medical requirements and the reasons you are unable to work. Proof of illness and injuries contribute.