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Damages for Mental Anguish in a Long-Term Disability Claim

When—due to a disability—an employee can no longer work, they could qualify for long-term disability insurance. Long-term disability insurance can provide them with financial assistance to compensate for their lost income. Insurance coverage usually provides about 65% of a disabled employee’s regular income. Long-term disability insurance is covered under a contractual agreement between the insurance provider and the insured employee. Therefore, if an insured disabled employee is unable to work and submits a valid claim and the insurance provider denies the claim, the employee can take legal action against the insurance provider. An insurance provider’s denial of a valid long-term disability [...]

Damages for Mental Anguish in a Long-Term Disability Claim

Can I Replace My Income If I Become Injured?

You may wonder whether taking a leave of absence from work to recover from injuries sustained in an accident will detract from your income. The truth is, anyone injured in an accident should be able to take time off work in order to concentrate on treatment and rehabilitation. In fact, almost anyone who has suffered injuries in an accident may access benefits as a partial income replacement when they are on medical leave. Employment Insurance (EI) Sickness Benefits. If, due to medical circumstances, you cannot work, you can apply for EI sickness benefits. To qualify, you must submit a medical certificate [...]

Can I Replace My Income If I Become Injured?

What Personal Injury Lawyers Do

Legal issues vary from case to case and the laws of Ontario can be very complicated if you are injured in an accident.  Therefore, regardless of your legal issue, you should seek a qualified personal injury lawyer suitable for your claim to succeed. The personal injury lawyers at McNally Gervan handle many types of accident and insurance cases. Therefore, if you have suffered or someone you know has suffered a severe injury, contact McNally Gervan today. Denials of Long-Term Disability Claims Remember that an insurance company’s denial of an individual’s disability benefits claim does not necessarily mean that the individual is [...]

What Personal Injury Lawyers Do

Should I actually consider suing a family member?

Although the notion of suing a family member may seem absurd, personal injury claims between family members sometimes occur. For this reason, you can sue a family member if they are at fault for a car accident that caused your injury. People hope that neither they nor any family member becomes injured in an accident. Insurance coverage alleviates our worries, as people know that they and their family members will receive care and compensation if they become injured in an accident—even if the accident is a family member’s fault. Most people would likely hesitate to sue a family member for fear [...]

Should I actually consider suing a family member?

How do I choose the best lawyer for me?

If you need a dependable personal injury lawyer, it pays to devote adequate time to doing a thorough search. You will want a legal representative who is trustworthy and who puts your mind at ease. To find a lawyer who can work well with you, handle your situation and establish straightforward expectations, as yourself these questions: Will you be all right with entrusting private information to this person? Do they have experience in personal injury law and your type of injury or disability?  Will your lawyer be easy to talk to and communicate with? Do they understand the financial pressure that [...]

How do I choose the best lawyer for me?

What if You Become Injured By An Uninsured Motorist?

The auto insurance system in Ontario has many integrated protections aiming to provide compensation to those injured in motor vehicle accidents. All motorists in the province must carry minimum liability insurance of $200,000. However, most typical auto insurance policies bear the Family Protection Endorsement, which protects motorists without an official liability insurance policy when they cause an accident. The Family Protection Endorsement provides coverage equal to your policy's liability limits to the at-fault motorist (who did not have an official liability insurance policy). This coverage comes into effect to serve as the at-fault motorist's coverage should have had from the outset. [...]

What if You Become Injured By An Uninsured Motorist?

Can Drivers Injured in Hit-and-Run Accidents Recover Damages?

Ontario law requires people who own motor vehicles to have auto insurance. Therefore, if you become injured and it is impossible to identify the other motorist who struck your vehicle, you could still recover some of your claimed damages.  Submitting a Report to the Police Ensure that you submit the hit-and-run incident to the police. According to paragraph 5.3.5 of the Ontario Automobile Policy, you have 24 hours to submit the hit-and-run report of the accident in which there has been a bodily injury: 5.3.5 Accidents Involving Unidentified Automobiles  If an unidentified automobile causes bodily injury or death to an insured [...]

Can Drivers Injured in Hit-and-Run Accidents Recover Damages?

Should I Wear a Helmet?

A cyclist’s age is the determining factor in whether they should wear a helmet. In The Highway Traffic Act (HTA), Section 104 reads, in part: Bicyclists to wear a helmet (2.1) Subject to subsection 103.1 (2), no person shall ride or operate a bicycle on a highway unless the person is wearing a bicycle helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin. 2009, c. 5, s. 36 (1); 2015, c. 14, s. 36 (2). Duty of parent or guardian (2.2) No parent or guardian of a person under sixteen years of [...]

Should I Wear a Helmet?

Who is the Right Lawyer For Me?

Finding the right lawyer to represent you in your personal injury claim can be challenging. You deserve a reputed expert with demonstrable experience handling cases such as yours. When it comes to searching for the right lawyer, one size does not fit all. In other words, you should seek a lawyer who is experienced in the area of law relevant to you: someone familiar with your kind of case and its unique issues. For example, you would not hire an environmental lawyer for your defamation case or an immigration lawyer for your copyright case. Take the time to conduct a thorough [...]

Who is the Right Lawyer For Me?

Proving Negligence and Fault in a Personal Injury Claim

Although the total number of motor vehicle accidents involving fatalities and injuries is declining due to better manufacturing practices, they are occurring at a very alarming rate. In 2017 alone, there were 155,000 motor vehicle accidents across Canada. When someone becomes injured in a motor vehicle accident, they can choose to file a lawsuit against the person who was also involved in the accident. To win their case, they must prove that the other person was at fault by acting negligently. The question then becomes, how do they prove the other person acted negligently? Keep reading to learn the answer! Defendant’s [...]

Proving Negligence and Fault in a Personal Injury Claim

At McNally Gervan we represent accident victims who have suffered catastrophic and serious personal injuries. We have the experience, the determination, and the resources to level the playing field. Contact us for a free consultation with a personal injury lawyer and tell us what happened.

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