If you were denied your LTD Benefits or they have actually been wrongfully terminated, you might want to go ahead and sue the insurance company in order to restore the rightful and legal matter of things. With this in mind, below you will find some of the most common questions that personal injury victims ask in similar situations.
1. Who do I sue?
In the majority of the LTD cases you will be able to sue the insurance company which is actively refusing to pay the benefits that you are rightfully entitled to. In certain situations it might be necessary to sue the employer or a certain non-profit board of trustees which is designated to administer your overall LTD plan. In rare cases, however, you might need to sue the broker who has effectively sold you the policy.
2. What do I sue for?
Despite of the defendant that you file the claim against, in every single LTD lawsuit you will be suing for the payment of those benefits that you claim you are entitled to. Also, if the denial of this payment had caused additional damages such as tremendous stress, for instance, you can also sue for “mental distress”.
What is more, certain lawsuits might actually allow punitive damages for the “bad faith”. This is rather rare and it’s only awarded in the event in which the insurance company has acted definitively malicious, harsh or even vindictive. However, it always helps to have an experienced lawyer in your corner to support the evidence and arguments.
3. Do I have to go to court?
This is one of the most common questions that the majority of people would like to be aware of. Unfortunately, there is no one-off answer to it. Ontario is famous for its settlements in this particular field of the law but everything is strictly subjective and rather individual. Usually the entire procedure will begin with settlement negotiations as well as with mediation if it’s required by the parties. This is where the majority of the cases get resolved. Only about 5% of the cases would actually have to go to trial. However, filing a lawsuit doesn’t necessarily mean that there is going to be a trial because the parties can still reach an agreement and that’s what’s usually taking place.
In any case, long-term disability benefits are tremendously important for a range of different reasons. They are usually the only source of income that a disabled individual, for instance, can rely on. This is why their denial could lead to tremendous complications and to incredibly stressful situations. From covering loss of wages to medical treatment and rehabilitation, everything needs to be covered. However, it’s important to keep your composure, address the issue to an experienced attorney in order to resolve it properly. Everything else will fall where it should.
