What to Expect from a Long Term Disability Lawsuit in Canada - The Ultimate Guide

When your long term disability (LTD) claim is denied, it can feel like a major setback, especially when you're already dealing with a serious illness or injury.

However, a denied claim is not the end of the road. In fact, it’s the beginning of a process in which you can still get the disability benefits you deserve. At Share Lawyers, we are here to guide you every step of the way, using our 35+ years of experience to help you fight back against insurance companies and get the compensation you're entitled to.

Here's a breakdown of what you can expect from the process of filing a lawsuit over a denied LTD claim in Canada.

Why Are LTD Claims Denied?

Long term disability insurance is meant to provide financial support when an illness or injury makes it impossible to work. Unfortunately, many insurance companies deny claims, even when they are valid. They may do this in an effort to protect their profits, leaving you vulnerable at a time when you need support the most.

But don’t worry – just because your claim has been denied doesn’t mean it’s over. You still have options, and with the help of an experienced disability lawyer, you can increase your chances of securing the benefits you deserve.

What You Can Do After an LTD Claim Denial

If your LTD claim has been denied, there’s no need to go through it alone. Here are the key steps you can take:

1. Understand Your Legal Options

One of the first things to consider after a claim denial is whether you should appeal. Appealing your disability claim without the help of a long term disability lawyer is often a mistake, as insurance companies count on policyholders not fully understanding the complexities of disability law. It’s important to speak with a skilled LTD lawyer who can guide you through the appeal process and help you understand your legal rights.

2. Hire a Disability Lawyer – Suing the Insurance Company

Suing your insurance company can feel like a big step, but it’s often the only way to get them to take your claim seriously. Insurance companies are more likely to respond when they know you are willing to take legal action. While lawsuits can be intimidating, having an experienced lawyer by your side makes the process smoother and gives you the best chance at winning.

3. Mediation – A Common Way to Settle Disability Claims

Mediation is the most common way to settle LTD claims. During mediation, both parties (you and the insurance company) work with a neutral third-party mediator to try to reach an agreement. Mediation is often quicker and less expensive than going to court, and it can result in a fair resolution.

Why Mediation Works:

• Mediator Selection: As your lawyer, we will help choose an experienced mediator who specializes in disability insurance claims.

• Thorough Case Preparation: We will carefully prepare your case, ensuring all aspects of your claim are addressed to increase your chances of success.

The Role of Your Disability Lawyer

At Share Lawyers, we take on the heavy lifting, allowing you to focus on your health while we handle the legal complexities. Here’s how we can help you through the lawsuit process:

• Expert Legal Advice: We’ll explain all of your options and help you choose the best course of action.

• Litigation Support: If we need to take your case to court, we’ll provide skilled legal representation to ensure your rights are protected.

• Negotiation and Mediation: We’ll work to settle your case through negotiation or mediation, saving you time and stress.

What to Expect During the Claims Process

When you work with Share Lawyers, you can expect the following:

1. Free Consultation

The first step is a free consultation with one of our experienced disability lawyers. During this consultation, we’ll explain the disability claims process, assess your case, and provide you with a clear understanding of your legal options. Our payment is contingent on securing the benefits you deserve – so there are no fees unless we win your case.

2. Thorough Documentation and Case Review

Your lawyer will work with you to gather all necessary documents, including:

• Insurance contracts (to understand the benefits you are entitled to)

• Medical records (to demonstrate how your disability affects your ability to work)

• Work history (to show how your condition impacts your job performance)

This documentation is crucial in building a strong case to present during mediation or litigation.

3. Countering Insurance Company Tactics

Insurance companies often use various tactics to deny or delay claims. From claiming your illness isn’t severe enough to denying your doctor’s assessment, insurance companies will do whatever they can to avoid paying you. Fortunately, Share Lawyers is experienced in recognizing these tactics and knows how to counter them effectively.

4. Settling the Case

Most LTD cases are settled through mediation or negotiation. However, if a settlement can’t be reached, your lawyer will help you take your case to court. Throughout the entire process, we ensure your case is handled with the utmost care and expertise.

Things to Keep in Mind During the Claims Process

If you’re filing a long term disability claim or dealing with a denied claim, here are some tips to keep in mind:

Do’s:

• File your claim on time: Make sure to meet all deadlines for submitting documentation and filing your claim.

• Organize your documentation: Keep track of all records related to your claim, including medical reports, communications with the insurance company, and work-related documents.

• Consult a lawyer early: If your claim has been denied or terminated, the sooner you consult with a disability lawyer, the better your chances are of getting a favorable outcome.

Don’ts:

• Don’t delay your claim: There are strict deadlines in place for filing LTD claims. Missing them can prevent you from receiving the benefits you deserve.

• Don’t go it alone: Don’t try to handle your claim appeal without professional help. An experienced disability lawyer can increase your chances of success.

Why Choose Share Lawyers?

Share Lawyers has over 35 years of experience helping Canadians win their LTD claims. Our team of experts has worked with over 9,000 clients, securing benefits from major insurance companies like Canada Life, Manulife, and Sun Life. We understand the challenges you’re facing, and we are committed to helping you get the compensation you deserve.

Take the Next Step

If your LTD claim has been denied, don’t give up. Contact Share Lawyers today for a free consultation. With our experience, dedication, and no-fee-until-you-win policy, you can rest assured that we will fight for your rights and help you secure the benefits you’ve paid for.