Recovering Damages for Mental Distress, Aggravated Damages and Punitive Damages a Rare Occurrence in Canada
If your claim has taken a long time to reach settlement, you are probably experiencing emotions. Frustration, anger, just to name a few, and a host of many other emotions. You might be wondering about recovering damages, monetary compensation for this stress in the form of pain and suffering or other types of damages. Canadian law, as it relates to aggravated, consequential, and punitive damages, is still very much in its infancy. The reality is that in the vast majority of cases seeking such types of damages, those claims are dismissed. On rare occasions, a very modest amount is awarded.
Recovering Damages
To sue for punitive damages is to seek a penalty that an insurance company must pay under court order when the insurance company has acted with blatant disregard for the validity of a claim. Awards for punitive damages are meant to send a very clear message to the insurance company to alter its ways. Still, the Supreme Court of Canada has only made awards for punitive and other extra-contractual damages in a few cases. Claims for mental distress or aggravated damages can also be made when the courts will consider whether a claimant has been forced to cash in RRSPs or sell their home. Insurance companies almost never agree to compensate for such damages in a negotiated settlement. They generally fight these types of claims relentlessly, and the whole process can be exhausting for claimants.
Courts Reluctant To Award Damages
The courts are often reluctant to make such award damages. They will only consider this if the evidence is glaring and offends the sensibilities of most people. They will not award punitive damages when they believe the actions of the insurance company are consistent with generally accepted business practices regarding insurance claims. An extensive examination of the procedures and practices of the insurance company is necessary to pursue claims for punitive damages.
In any case, an experienced lawyer can guide you through this process so you understand what you should expect and your chances of recovering bad faith damages at trial. Share Lawyersare always standing by to answer any of your disability law questions!
Has your long-term disability claim been denied? Contact Share Lawyers and put our experience to work for you. We offer free consultations and there are no fees unless we win your case.
We have recently settled cases against Industrial Alliance, RBC Insurance, Assumption Life, Cigna, and Desjardins.
Denied your long term disability claim?
Contact Share Lawyers today and put our experience to work for you. Our 35+ years of experience can help you win your case against Canada Life, Desjardins, Manulife, RBC Insurance, Sun Life, and other insurance companies. We offer free consultations and there are no fees unless you win your case. Join us on Facebook and become a Top Fan for a chance to win each month.
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A note from our long term disability lawyers
Taking a medical leave from work is not an easy decision to make. Concerns about providing for yourself and your family and keeping your job may cause you to want to push through your pain, but this won’t make your problems go away. Stopping work is often the smartest decision for your long term health and well-being, and your disability benefits are there to provide you with financial support until you can return to work.
If you have made the tough decision to stop working and apply for your short term disability or long term disability benefits, you may feel overwhelmed by the process and have questions that your employer and your insurance company are not able or willing to answer. Share is There to see you through and answer your questions.
Our Disability law firm knows what you have been going through
We understand that things have not been easy for you over the last little while. Your health has been suffering, you are unable to work, and now your insurance company, who was supposed to be there in your time of need, has decided they will not pay your disability benefits or respect your disability claim. These benefits exist to provide you with the financial support you need so that you can focus on your health and rebuilding your life. It is unfortunate that your insurance company has not lived up to its promise. If your disability claim has been denied, we will fight to get you the benefits you are entitled to. Our disability lawyers have helped thousands of Canadians get their long term disability benefits over the past 35 years, and we can help you too.
Our experienced disability lawyers can fight back on your behalf
Share Lawyers believes that every client who is dealing with a disability claim deserves superior personal service. To achieve that goal, we have developed our team of experienced, compassionate, and caring long term disability lawyers, law clerks, and administrative staff to meet all of your needs. Our team of experienced long term disability, life insurance, employment, and critical illness insurance lawyers have made successful claims against many insurance companies, third-party administrators and employers.
If you are unable to work, your disability benefits should be there to provide you with the financial support you need. While your insurance company may be focused on finding ways to avoid paying your claim, our focus is on what is in your best interest. When Share Lawyers gets involved, you have an entire team of lawyers that are there to support you and to fight for what is yours.
Our disability claim lawyers fight for your disability insurance claim by relying on our many years of experience to apply the best strategic planning and approach in each case, using the latest technology available. Experience matters, and with Share Lawyers, you are in the best hands with 35 years of success on your side.
In this video, we explain the role of a long term disability lawyer and how we can support you when you have been denied your long term disability benefits.
