Managing Expectations
As your case progresses, it's understandable that the waiting process can feel overwhelming for you. In a case against a long term disability insurance company, you are rightfully focused on the outcome, and it's tough to feel so much uncertainty around something so important to your future and well-being. This video is meant to help you understand what our goal for success looks like so you can have peace of mind during this process.
When Share Lawyers started your lawsuit in court, they included claims for punitive, aggravated, and mental distress damages. These claims are intended to punish the insurance company for acting in bad faith and to compensate you for the losses you have suffered because of the insurance company's conduct. It's best that you not focus on these claims because the courts are generally reluctant to award these types of damages but Share Lawyers included them in your lawsuit so that they can at least make the argument these amounts should be paid.
As you are aware, one of the steps that may occur in the process is discovery or questioning. While being questioned by the insurance company's lawyer can be stressful, it is often necessary to complete this step in order to let the insurance company assess your credibility and how your disability has impacted your life.
If a discovery is needed in your case, your lawyer will provide you with much more information about it to fully prepare you.
Share Lawyers may ask you to attend an assessment with a doctor or other health care provider. This may be needed to make sure that the best possible medical information is available to assist with settlement negotiations. Sometimes the insurance company will require you to attend a medical assessment so that they can have an expert of their choice provide an opinion on your disability.
Rest assured that Share Lawyers is doing everything they can to prepare your case and you will only be required to attend these assessments if it is absolutely necessary.
Mediation or a settlement meeting may take place before or after the steps we've already discussed. Although Share Lawyers finds that a mediation is usually the best route to concluding most cases, these settlement processes are not perfect, no settlement option is. Sometimes mediators define a good settlement as one that makes both parties unhappy. That's because the settlement of the case requires a compromise by both sides. For you, the settlement of your case might not be everything you hoped it would be, but it costs less, is quicker than going to court, and in most cases, the results are preferable than going to a trial. The process of settlement is also less stressful and more predictable than going to court.
Knowing that a good result will require a certain compromise, it's important to keep your eye on the finish line and not get focused on the frustrating steps along the way. You don't have control over the process but you do have control over whether you concentrate on the positive or not. Try reminding yourself the eventual resolution of your case will remove the uncertainty, stress, and financial concern, that has kept you from moving on with your life
As your team of lawyers gets closer to settling your claim, it's crucial that you ignore any information about large awards or settlements you see so often in the news media. These reports are often misleading, and not applicable to a long term disability dispute. Share Lawyers urges you to get your information about what constitutes a reasonable settlement from your lawyer. Trying to conduct your own research online or through talking to others is not helpful and often leads to misinformation that does not apply.
You've hired Share Lawyers for a reason. They have over 30 years of experience fighting against insurance companies for denied disability benefits rely on this experience.
Perhaps one of the most disheartening aspects of a long term disability lawsuit is knowing the insurance company has wronged you, and they don't feel bad about it.
But because you selected an experienced team of lawyers to handle your long term disability case, you will have forced the insurance company to acknowledge their obligation when they're writing your settlement check.
Give yourself credit for making the decision to arm yourself with the best possible representation to help you get there.
In the meantime, focus on the positive, watch this video when you need a reminder, and rest assured that Share Lawyers is working tirelessly to get you the most favourable outcome possible.
Please don't hesitate to reach out to a client services lawyer if you have any questions.