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how to choose a disability lawyer that is right for your injury or illness
3 minute read
empathy is key in giving your trust to a disability lawyer. you might be surprised by how much an experienced disability lawyer knows about your particular illness, whether it’s physical or psychological.
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dealing with an injury or illness at work is tough enough, but it’s even more challenging and stressful if your claim for short or long-term disability insurance is denied.
and if you are someone in this situation, you’re not alone. a 2022 canadian survey on disability showed that 27 per cent of canadians aged 15 years and older, or 8 million people, had one or more disabilities that limited them in their daily activities. as well, nearly one-quarter (24 per cent) of working-age adults (age 25 to 64 years old) had a disability,
here are some tips for finding the right lawyer for you.
lawyers who specialize in disability insurance claims know how insurance companies work and the strategies they use to discontinue or deny claims. they understand the most effective way to resolve these cases in the most expeditious manner.
these days it’s common to google reviews in order to choose a lawyer, and legitimate google reviews and unsolicited feedback can be very helpful, especially comments that have in-depth information around the details of the case and how the firm resolved it.
will i need to pay legal fees up front?
if you are off work due to illness and not receiving disability insurance benefits, you very often don’t have the financial means to pay out of pocket for legal expenses.
many disability lawyers work on a contingency basis, which means they only get paid if they achieve a settlement in your case. a good disability lawyer will do a careful analysis of your case and will advise you as to its chances of success.
who at the firm will be involved in my case?
in a focused disability firm, you may find that everyone works together to support clients, including the lawyers, law clerks and support staff. look for a team that is calm, competent and offers realistic perspectives on what outcomes you can expect. when everyone is up to speed on the details of each case, it allows the team to resolve cases much faster.
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how long will it take to resolve my case?
by the time a client hires a disability lawyer, it’s often because they’re frustrated and dejected. a good disability lawyer will work to reassure you that your illness will be taken seriously, the right medical evidence assembled and that you will be kept informed about the progress of your case and given realistic expectations.
the majority of disability cases are resolved through negotiation or mediation, not at trial. before the pandemic, case meetings took place in person, but now mediation via zoom videoconferences are common, so it’s taking less time to resolve cases.
what about experience and empathy?
one key reason workers’ benefit claims are denied or their benefits are cut off is due to their insurance company’s definition of “total disability”.
an experienced disability lawyer can help you gather the medical evidence you may need to establish that you do, in fact, meet the definition of total disability as set out in the insurance policy.
empathy is key in giving your trust to a disability lawyer. you might be surprised by how much an experienced disability lawyer knows about your particular illness, whether it’s physical or psychological. working on disability files day-in and day-out gives a disability lawyer real perspective, understanding and deep appreciation of those dynamics.
finally, trust your instincts. if you feel a lawyer is rushing you or doesn’t have time to update you on the progress of your case, he or she might not be right for you. the foundation of every client relationship should be trust.
nainesh kotak is the founder of kotak personal injury law, a firm focusing on protecting their client’s rights to justice and obtaining the compensation their clients deserve. he is a member of the ontario justices of the peace appointments advisory committee of the central west region and was past chair of the long-term disability section of the ontario trial lawyers’ association.
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