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The Importance of Keeping Accurate Medical and Expense Records When Pursuing a Claim

The Importance of Keeping Accurate Medical and Expense Records When Pursuing a Claim

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After an injury, the last thing on your mind may be record keeping. But keeping accurate and detailed records of your medical and other expenses is crucial if you are seeking compensation for an injury or disability benefits. 

Your treatment will probably come with extensive and often unexpected expenses and keeping track of each one of these is essential.This information will be part of the evidence to support a personal injury claim. When it comes to long-term disability, any successful claim application must substantiate the injury as something that makes it impossible to return to work as well as the costs associated with your ongoing medical treatment. 

Accurate Records are Critical to Your Recovery

An essential part of your recovery or benefits will rely on having these comprehensive and organized expense records as well as all your medical information. These records should include things such as 

  • All expenses for treatment and prescription medications
  • All expenses for hospital and doctor visits
  • Costs for any medical equipment required
  • Results from any medical examinations
  • Any prognosis you may have been given
  • Statements from any attending physicians or other health care professionals
  • Any other medical records

If you have made any payments for procedures or have paid any expenses out of pocket related to your injuries, ask for receipts. These should include any transportation costs or other incidentals as they relate to your injury and care. Even if you aren’t sure of the importance of a document, it is better to keep it anyway and err on the side of caution. 

If you are filing a claim for injuries that were caused by someone else’s negligence, you may eventually choose to pursue compensation through a tort claim against that party. Having this information is critical to help your lawyer calculate what your damages are worth and the amount of your suit. 

Getting the Right Legal Assistance

When pursuing a long-term disability insurance claim or a personal injury claim, having comprehensive and organized records is critical to getting you the compensation and benefits you deserve. Contact the skilled team of Cambridge personal injury lawyers at Hilborn and Konduros if you have questions about a personal injury or long-term disability claim and what evidence and documents you will need. 

Own Occupation Vs. Any Occupation -- How the Disability Standards in Ontario Can Affect Your Benefits

Own Occupation Vs. Any Occupation — How the Disability Standards in Ontario Can Affect Your Benefits

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Long-term disability in Ontario has been a crucial lifeline for individuals who cannot work due to a physical or mental disability. But it is critical to understand the terms by which you are covered and whether that may change during the course of your disability. 

In Ontario, disability is measured by two standards. These standards will be set out in the terms of your individual policy. One is if you are unable to work in your own occupation, and the other if you cannot work in any occupation. Being unable to work in your own occupation may be the first standard you are measured against, but you may later be measured against the any occupation standard. 

In other words, you may have qualified for long-term disability benefits only to find that you will need to requalify under different conditions in the future if you are still collecting disability. 

How Courts Have Defined Both Standards

When it comes to insurance laws and policies, the courts have had to define the difference between the two standards for purposes of long-term disability.

For disability under the Own Occupation standard, the court has defined that to mean that 

  • You may be able to work, but you cannot do the essential duties of the occupation in which you were working. 
  • You may be able to perform some tasks of that occupation, but you are not able to do them in their entirety. 
  • A reasonable person in your circumstances would not be able to perform the tasks of your occupation

When the Own Occupation period has ended, usually after two years of disability, your insurance company may want you to meet the Any Occupation standard. The courts define this to mean

  • You cannot work in any occupation that you are reasonably qualified for given your education and experience. 
  • You may be able to work in another occupation given a period retraining but substantial retraining may be required. 
  • You have returned to work but were found to be incapable of doing your job due to your disability.

What standards you will be required to meet and how you will be required to meet them is critical to getting the disability benefits you need and deserve. These, however, will be entirely dependent on the precise terms of your individual disability policy. This is when you need the guidance of a Cambridge long-term disability lawyer. At Hilborn and Konduros, we can help you understand the terms of your long-term disability insurance. Contact us or call us at (519) 658-6341 to schedule a consultation. 

Getting Fairly Compensated for a Whiplash Injury Lawyers

Getting Fairly Compensated for a Whiplash Injury

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Unfortunately, getting fairly compensated for a whiplash injury can be challenging. Because it is a soft tissue injury and doesn’t have any outward symptoms, whiplash has gotten a bad reputation for fraudulent injury claims. In fact, most lawyers are now reluctant to even use the term “whiplash” for that very reason, instead referring to the injury as a neck strain or cervical muscle strain. Regardless of the name, it is one of the most common car accident injuries and can be serious and painful. If you have sustained a whiplash injury in an accident, you should be entitled to compensation for your damages.

Getting Prompt Medical Attention is Critical

In many cases, whiplash injuries are not immediately symptomatic. With any injury, but especially a soft-tissue injury, you will want to get prompt attention to have it medically documented. The treating doctor will understand what to look for, even if you have no immediate symptoms. Because adjusters look at whiplash claims suspiciously, the more medical documentation you have, the better your chances of getting fairly compensated. 

Begin Your Claim Process Immediately

Call your insurance company as soon as possible to begin the claim process. Although your injury may get better on its own, it may not. The sooner you begin the process, the more seriously the insurance company will view the claim. 

This does not mean that you should accept a quick insurance settlement, however. Before you accept any settlement, you need to know the full extent of your injuries and damages. 

Log Losses and Expenses

For any insurance claim, you will need to document any expenses, lost wages, property damages, and other losses. Insurance adjusters want to see proof of loss, and you should be fully prepared for this since many of these costs will be reimbursable. 

Proving Whiplash

If another party was at fault for your accident, you will need to prove fault in order to file a lawsuit to get fairly compensated.Having a skilled car accident lawyer on your side is essential when you have been injured in a car accident that was the fault of another driver. Contact the car accident lawyers at Hilborn and Konduros for a no-cost consultation at (519) 658-6341 to understand your rights.

How Will COVID-19 Impact Long-Term Disability in Ontario?

How Will COVID-19 Impact Long-Term Disability in Ontario?

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COVID-19 has disrupted life as we knew it one short year ago. We have continued to see the health and economic consequences of the virus throughout Canada and learn more about its potential repercussions each day. 

As we learn more, it appears that the pandemic may have an impact on long-term disability in Ontario and worldwide. While our government has taken important steps to curtail the spread of the virus, for those 808,000 Canadians who have been infected, some will likely be suffering serious health effects both short-term and long-term. This may have a significant impact on long-term disability claims in the future. 

According to Mary Ann McColl, academic lead for Canadian Policy Disability Alliance and an epidemiologist at Queens University, “This is a whole new source of disability.”

Understanding the Consequences of COVID-19 Long Term

Worldwide, we are still trying to understand the effect that COVID-19 will have on our health in the future. The Lancet published information indicating that people who were hospitalized for COVID-19 but were discharged were still suffering from symptoms six months later. The Mayo Clinic has published a list of serious long-term and chronic issues that may be caused by the virus, including

  • Heart damage — imaging has indicated that COVID-19 recovery patients have shown lasting damage to the heart, even if they only suffered a mild case of COVID-19
  • Lung damage — COVID-related pneumonia has been shown to cause damage to alveoli in the lungs as well as scar tissue that can cause breathing issues.
  • Brain damage — COVID-19 has been shown to cause strokes, seizures, and Guillain-Barre syndrome in COVID-19 sufferers. It is even suggested that COVID increases the risk of developing Parkinson’s disease as well as Alzheimer’s. 

Depending on the terms of the policy, long-term disability benefits may be available to you if you are unable to work because of the complications and long-term effects of COVID-19. If you aren’t sure about your rights to long-term disability, contact the Ontario long-term disability lawyers at Hilborn and Konduros at (519) 658-6341 to understand if you may be covered.  

Why You Should Never Delay Treatment After an Accident in Ontario

Why You Should Never Delay Treatment After an Accident in Ontario

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Especially during these times of COVID-19, injury victims may be reluctant to seek medical treatment after an accident in Ontario. Unfortunately, this can not only cause you to suffer from your injuries needlessly, but lack of immediate medical attention after an accident can derail any claim you may file subsequently for your injuries. 

Injuries That Can Worsen With Time

Although some injuries may seem minor after an accident, things such as traumatic brain injuries or soft tissue injuries can become apparent days or even weeks after the accident. According to the National Institute on Neurological Disorders and Stroke, whiplash, a common injury in a car accident, will often take several days to become apparent. Things such as brain bleeds can cause symptoms as elusive as a headache but can have life-threatening implications. 

Waiting to get medical care can worsen the severity of an injury, particularly ones that rely on critical immediate diagnosis to curtail their severity. 

How a Delay in Treatment Can Hinder Your Injury Claim

After an accident, your insurance company will look at the actions you took immediately after the accident when considering a settlement for compensation. Unfortunately, injured parties who do not seek medical attention immediately after their accident can be seen adversely by the insurance company. Insurance may use it to show that your injuries were not as severe as you claim. This can result in a reduction of benefits or even a denial of your claim. 

If you seek further compensation from the at-fault driver, the driver will only be liable for the injuries directly sustained in the accident. If you delay treatment, you run the risk of your condition worsening and the at-fault driver not being considered responsible. 

If you have been injured in a car accident in Ontario and are having difficulty getting fairly compensated by insurance, contact the personal injury team at Hilborn and Konduros at (519) 658-6341 to get important legal advice about your options. 

What is Considered a Catastrophic Injury in Ontario?

What is Considered a Catastrophic Injury in Ontario?

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While many car accidents result in injuries that heal over time with medical care, some impact accident victims for a lifetime, causing physical and emotional impairment and suffering for the individual and grave financial hardships for the family. On top of this, changes to the law here have made it more difficult for victims to collect compensation for their devastating injuries. 

Under Ontario law, catastrophic injuries are defined as one of the following:

  • Paraplegia
  • Tetraplegia
  • Blindness
  • Amputation
  • Severe impairment of the ability to move or walk
  • Impairments that result in a 55 percent whole person impairment
  • Impairment due to mental or behavioural disorders

Each one of these carries its own set of criteria to be considered catastrophic in nature. 

How Changes in the Law May Affect You as an Injury Victim

Placing restrictions on what can be considered catastrophic under the law was just part of the government’s changes. The other change that could significantly affect injury victims was a cap placed on catastrophic injury claims. In effect, these were cut in half. 

Before these changes, an injury victim could receive medical benefits and attendant care for up to $1 million each, totaling $2 million. These have been cut in half to $1 million in total. In addition, non-earners (those who were not employed for six months of the year before the accident) used to be eligible for benefits for the rest of their lives. The new laws limit this to $185 per week for up to two years. 

These changes have a significant impact on those whose lives are forever changed by a catastrophic injury. 

Get Professional Legal Advice

If you have suffered a catastrophic injury in Ontario, you may be able to sue the at-fault party for your damages in some instances. The Ontario catastrophic injury lawyers at Hilborn and Konduros can offer answers to your questions and provide legal options so you can heal. Call us at (519) 658-6341 to get help with your injury claim. 

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What You Need to Know When Filing for Disability Benefits in Ontario

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If you are unable to work due to a disability, you may have the ability to file a claim for disability benefits with your private or employer disability insurance policy. Unfortunately, many people are denied these benefits by their insurance companies. Before you file, know what you will need so there is less chance of a denial. 

Know What You Are Covered For

In Canada, if you are disabled, you may be able to file a disability claim for anything that can affect your ability to work. But your policy may have limitations and specific requirements on what it will consider a covered disability. Before you file a claim, you should understand what your policy’s limitations are.

Supporting Medical Evidence

When filing a disability claim, you will need supporting medical evidence of your diagnosis and your future prognosis. Insurance companies are constantly looking for fraud, which means that people with legitimate claims will find it harder to prove them. Consequently, it is imperative that you keep all medical records, attend all appointments, and follow your provider’s treatment plan. It is also important not to post anything on social media that may be incriminating to your claim.

You may also want to offer supporting evidence from family members and friends about how your disability affects your everyday life. This is evidence that will not show up on your medical records. 

Filing For Disability Can Be Complicated

Paperwork for filing for a disability claim may be very complicated, and any mistake can be used to justify a denial. Getting a fair settlement may require negotiation, which is why you want to be armed with as much confirming evidence as possible. You may even need the help of expert witnesses or an attorney to help you substantiate your claim. 

You Have a Right to Appeal

If you have been denied disability, you have the right to appeal. It is helpful to get an experienced Ontario disability lawyer’s assistance to guide you through the appeal process to get the benefits you need. 

If you need help filing for disability benefits or guidance in an appeal, the experienced disability insurance lawyers at Hilborn & Konduros Law Firm are here to help. Contact us for a free consultation at (519) 658-6341 to discuss your claim.

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Helpful Tips for Claiming Long Term Disability

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Review and understand your long-term disability policy.  Your policy will clarify all you important information about your long-term disability benefits including how to apply, time deadlines, your benefit amount and what is covered.

Pay careful attention to complete and submit the correct application forms and avoid missing deadlines. There will typically be multiple documents to be completed by different parties such as yourself and your doctor. The sooner these forms are completed and sent to your insurance company, the sooner your insurance company will be able to start their review of your claim for long-term disability benefits. 

  • Be honest about your claim to your doctor, and to your insurance company. Don’t exaggerate or embellish your claim.
  • Don’t delay as there are time limits for claiming long-term disability benefits.
  • Keep records and notes of everything relating to your claim for long-term disability benefits including summarizing your medical history, a list of the doctors and treatment providers that you have seen, as well as your symptoms, diagnoses, test results, prognosis and medications
  • Document the activities that you are limited from doing or that you are no longer able to do as a result of your injury or illness. This should include an explanation about what has impacted your ability to work.
  • Do not participate in any activities that might suggest that you are dishonest or not disabled. It is surprisingly common for insurance companies to conduct surveillance during the course of a long-term disability claim which your insurance company will attempt to use against you! This includes monitoring your social media.
  • DON’T SETTLE before reviewing with an experienced disability benefit lawyer.
  • Contact us at Hilborn and Konduros if your claim is denied, we have the experience to help.