During the last few months, I have had some clients consult me concerning a motor vehicle accident which occurred some many months ago but the clients have not received any medical treatment. Not obtaining medical treatment immediately after or very shortly after an accident can have a negative impact on your claim for compensation. The longer medical treatment is delayed, the less likely you can show that the accident caused the injuries claimed to have been sustained because of the accident. It is not uncommon for injuries to worsen after an accident, sometimes days or weeks later. However, there are very few injuries that can be reasonably claimed to have resulted from an accident many months earlier - it is possible, but making such a claim will be closely scrutinized. You will require medical evidence of the causation.
If, after an accident, you are not certain if you are injured, you should nevertheless seek medical attention and be examined. As said, it could take a few days or even weeks for you to feel pain. Often injuries are not apparent right after an accident and a health care provider can make an assessment and identify any injuries which you may have initially missed.
In many cases, reasonably, insurance companies will challenge injuries claimed months or even weeks after the incident which were not immediately identified and treated. The longer you wait, the more likely the insurance company will argue that the injury was not accident related.
Call us at Plant Quinn Thiele LLP - Ottawa Injury and Accident Lawyers. Marc-Nicholas Quinn. 613-563-1131
Thursday, August 13, 2009
Thursday, July 16, 2009
Todd K. Plant Receives Volunteer Certificate From Hillel Academy
Todd K. Plant is the proud recipient of a 2009 certificate of appreciation from Hillel Academy for his volunteer work and dedication. Well done, Todd!
Friday, June 26, 2009
Marc Quinn Receives OCSB Award
JUNE - 2009 - OCSB AWARD
In June, 2009, Mr. Quinn was recognized by the Ottawa Catholic School Board (OCSB) as a valuable volunteer and received the OCSB's Volunteers in Education Award in recognition of his significant voluntary contribution as a role model and educator to the students of the OCSB and the Catholic school community at large. Congratulations Marc from all of us at PQTLaw.
In June, 2009, Mr. Quinn was recognized by the Ottawa Catholic School Board (OCSB) as a valuable volunteer and received the OCSB's Volunteers in Education Award in recognition of his significant voluntary contribution as a role model and educator to the students of the OCSB and the Catholic school community at large. Congratulations Marc from all of us at PQTLaw.
Mr. Justice Panet Remembered
The partners at Plant Quinn Thiele LLP are expressing their deepest sympathies to the family of Mr. Justice Panet. His Honour was a wise Judge but also a kind and gentle man, who garnered the respect of all who knew him. Given the great number of people who joined us today at the Notre Dame Cathedral Basilica, our sentiments are indeed shared widely.
Thursday, June 25, 2009
Private Disability Insurer and Canada Pension Plan - Apply for Both?
Private Disability Insurer and Canada Pension Plan - Apply for Both?
If you become disabled because of illness or injury, you have the right to claim benefits from your private disability insurer and you should also apply for benefits under the Canada Pension Plan Act as a person who is disabled. Most private disability policies of insurance provide that you shall apply for C.P.P. benefits when granted or applying for benefits under the private policy. Most private policies of disability insurance will provide that any amount you receive from C.P.P. will be deducted from any amount paid to you under the policy. It is fairly clear that in most private disability benefit policies of insurance, when you receive disability insurance benefits, you must use all reasonable efforts to apply and obtain C.P.P benefits. If you do not, rightly or wrongly, your insurance company will deduct what you might have gotten from C.P.P. from the amount they give you.
The rules pertaining to C.P.P. disability benefits and entitlements change and the definition of disability is very specific. Therefore, it is imperative that when you apply for benefits, your treating physician provide a report which specifically addresses the test of disability under the disability benefits provisions of the Canada Pension Plan Act. Your disability must be severe and prolonged and render you unable to work.
The amount of the disability benefit form C.P.P. varies, depending on past contributions and the time you apply and are entitled to benefits. The amount we see paid regularly is about $600-$750 per month.
When the medical evidence provided to C.P.P. is not “good enough”, it usually means that the medical evidence is unclear, is subjective or does not meet the definition as described by your physician or based on the medical evidence filed to date. If you are denied C.P.P. disability benefits, you have the right to appeal and submit new evidence. If your private insurer denies you benefits, you have the right to sue them.
If you are denied CPP disability benefits, ensure that you file you appeal in time and obtain legal advice from our PQT Law Disability Law Group. It is critical to file appeals until you are successful. It is vital to obtain clear medical evidence that addresses the legal test for disability. Whether your private insurer has denied your claim of C.P.P. has denied your claim, contact Plant Quinn Thiele LLP for free legal advice - 613-563-1131 (Todd K. Plant or Marc-Nicholas Quinn).
If you become disabled because of illness or injury, you have the right to claim benefits from your private disability insurer and you should also apply for benefits under the Canada Pension Plan Act as a person who is disabled. Most private disability policies of insurance provide that you shall apply for C.P.P. benefits when granted or applying for benefits under the private policy. Most private policies of disability insurance will provide that any amount you receive from C.P.P. will be deducted from any amount paid to you under the policy. It is fairly clear that in most private disability benefit policies of insurance, when you receive disability insurance benefits, you must use all reasonable efforts to apply and obtain C.P.P benefits. If you do not, rightly or wrongly, your insurance company will deduct what you might have gotten from C.P.P. from the amount they give you.
The rules pertaining to C.P.P. disability benefits and entitlements change and the definition of disability is very specific. Therefore, it is imperative that when you apply for benefits, your treating physician provide a report which specifically addresses the test of disability under the disability benefits provisions of the Canada Pension Plan Act. Your disability must be severe and prolonged and render you unable to work.
The amount of the disability benefit form C.P.P. varies, depending on past contributions and the time you apply and are entitled to benefits. The amount we see paid regularly is about $600-$750 per month.
When the medical evidence provided to C.P.P. is not “good enough”, it usually means that the medical evidence is unclear, is subjective or does not meet the definition as described by your physician or based on the medical evidence filed to date. If you are denied C.P.P. disability benefits, you have the right to appeal and submit new evidence. If your private insurer denies you benefits, you have the right to sue them.
If you are denied CPP disability benefits, ensure that you file you appeal in time and obtain legal advice from our PQT Law Disability Law Group. It is critical to file appeals until you are successful. It is vital to obtain clear medical evidence that addresses the legal test for disability. Whether your private insurer has denied your claim of C.P.P. has denied your claim, contact Plant Quinn Thiele LLP for free legal advice - 613-563-1131 (Todd K. Plant or Marc-Nicholas Quinn).
Insurer's Claim Dismissed for Accidental Fire
In a recent Superior Court decision, an apartment building burned down. The insurer's expert gave an opinion that it was "most probable" that the tenant caused the fire by smoking on his couch and falling asleep, although other causes could not be eliminated altogether. The insurer sued the tenant. The claim was dismissed on the basis of the Fire Prevention and Protection Act which provides that no claim can be brought as a result of an accidental fire. The Court, relying on previous authorities, determined that a fire will be deemed "accidental" if it cannot be traced to a particular cause on a balance of probabilities. As the insurer could not establish on a balance of probabilities that the tenant was smoking or engaged in careless smoking, the claim against the tenant was dismissed. At Plant Quinn Thiele LLP, we afford our clients a vigorous defence against claims advanced by insurance companies. For a free consultation regarding your insurance or fire loss case, contact Todd K. Plant, 613-563-1131. Ottawa Personal Injury and Fire Loss Lawyers, www.pqtlaw.com
Wednesday, June 24, 2009
What is my injury case worth?
How much is my case worth?
There are numerous considerations and factors that enter into the valuation of your personal injury claim for settlement purposes. Some of the important factors include: (a) how long you need medical treatment for your injuries, (b) the nature of the injuries and treatment you received and will continue to receive, (c) the length of time you continue to experience pain and suffering, (d) the extent of your personal injuries, (e) the permanency of your injuries, and (f) the impact of your injuries on your life - physical, social, cultural, economic, mental, psychological, etc... These are some examples. At Plant Quinn Thiele LLP - Injury Lawyers, we will complete a full assessment of your injuries and even retain the assistance of experts ( at our initial cost ) whenever needed to help value your claim and assess damages. Contact us today at 613-563-1131. Marc-Nicholas Quinn. www.pqtlaw.com
There are numerous considerations and factors that enter into the valuation of your personal injury claim for settlement purposes. Some of the important factors include: (a) how long you need medical treatment for your injuries, (b) the nature of the injuries and treatment you received and will continue to receive, (c) the length of time you continue to experience pain and suffering, (d) the extent of your personal injuries, (e) the permanency of your injuries, and (f) the impact of your injuries on your life - physical, social, cultural, economic, mental, psychological, etc... These are some examples. At Plant Quinn Thiele LLP - Injury Lawyers, we will complete a full assessment of your injuries and even retain the assistance of experts ( at our initial cost ) whenever needed to help value your claim and assess damages. Contact us today at 613-563-1131. Marc-Nicholas Quinn. www.pqtlaw.com
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