Shah Eubanks Professional Corporation
200 Main Street North
Brampton, Ontario L6V 1P1
Phone: 905-453-7333
Toll Free: 1-844-453-7333
Fax: 905-453-7334
Email: seinfo@selegal.ca

FREQUENTLY ASKED QUESTIONS


Q: Can I apply if I have no physical injuries?
A: Yes. The Board will make an award for compensation for physical or psychological injuries.
Q: Is there a time limit to bring an application for compensation?
A: Yes. An application for compensation must be made within two years. If there is a reasonable explanation for the delay in applying, an application for an extension of the limitation period may be accepted.
Q: What if no charges were laid against the offender?
A: A charge against the alleged offender is not a prerequisite to apply for compensation. You may still be eligible for compensation even if there are no criminal convictions.
Q: What is the first step in getting the process started?
A: Contact Shah Eubanks PC for a free consultation to discuss your eligibility to apply for compensation.
Q: I received my accident benefit package in the mail. Is there a deadline to return it to my insurance company?
A: Yes. You must complete the accident benefit forms and return it to your insurer within 30 days of receipt.
Q: My accident benefit provider contacted me to obtain an accident benefit statement. Am I required to provide a statement?
A: You are required to provide an accident benefit statement to the insurance company. We strongly urge you to contact us before providing a statement to your insurance company. The statement you provide to your insurance company may be misconstrued disentitling you to certain benefits. Contact us before providing a statement to discuss your claim.
Q: I had a pre-existing injury prior to my motor vehicle accident which I believe has worsened as a result of my accident, am I still subject to the $3,500.00 MIG limits?
A: You may be entitled to the non-MIG limits if you have met the test as outlined in s.18 (2) of the Statutory Accident Benefits. A claimant may be exempt if their injury or injuries are “predominantly” a minor injury but based on compelling evidence provided by his or her health practitioner, if the insured person has a pre-existing medical condition that will prevent the insured person from achieving maximal recovery from the minor injury if he or she is subject to the $3,500 limit.”
Q: The insurance company has denied or stopped payment of my benefits, do I have a right to dispute their decision?
A: Yes.You have a right to dispute the insurer’s determination of your Statutory Accident Benefits by applying for mediation to the Financial Services Commission of Ontario (FSCO) within two years of the insurer’s decision to deny, stop or reduce a benefit.
Q: I have extended health care coverage through my employer, spouse or parents. Do I need to inform my accident benefit insurer?
A: Yes. You must first submit your claims for medical and rehabilitation treatment and prescription expenses to your extended health care provider prior to submitting the expenses to your insurance company for reimbursement.
Q: I just slipped and fell on a city sidewalk, what should I do?
A: If you are injured, the first thing you should do is seek medical attention. You must notify the City in writing of your fall within ten (10) days. Be sure to include the date, time, and location of your fall. If possible, take a picture of the site of the fall and ascertain any contact information of any witnesses.
Q: I just slipped and fell on private property, what should I do?
A: If you are injured, you should seek medical attention. Make sure to inform the property owner of the slip and fall. If the slip and fall has occurred inside a store or commercial complex and the owner is not available, ask to speak to a manager or supervisor. Fill out an incident report and ask for a copy. Be sure to take down all the contact information of the owner and/or manager. If there are any witnesses that may have seen your fall, be sure to take down their contact information.
Q: I was just involved in a motor vehicle accident in Ontario, what do I do?
A: If you or a passenger in your vehicle have been injured, call the police and request medical help. If any witnesses are present at the scene of the accident, obtain their contact details. You should also ascertain as many details as you can from the other driver including name, address, contact numbers, driver’s license number, vehicle make and model, along with the other driver’s insurance company and policy number.
Q: Do I need to hire a lawyer after a car accident?
A: Yes, to determine the strength of your case and to receive sound legal advice regarding your options. Our personal injury lawyers will assist you with your accident benefits package to ensure that all forms are completed correctly.
Q: How much does it cost to consult with a lawyer?
A: Our initial consultation is free and there is no initial fee once retained. Making an informed decision about your claim requires knowledgeable legal advice; we assure you that you will get exactly that with our lawyers here at Shah Eubanks PC.
Q: How much is my claim worth?
A: The value of your claim is dependent on a number of factors. We would carefully need to examine your medical documentation to determine how the injuries you sustained as a result of your motor vehicle accident has impaired your personal life. Every claim will be assessed differently, but rest assured that we will get you the best possible outcome.
Q: When can I sue for pain and suffering and loss of enjoyment of life?
A: To sue for these damages you must prove that your injury “meets the threshold”. This can only be done if you have sustained a permanent, serious impairment of an important physical, mental or psychological function or permanent serious disfigurement. We encourage you to call our team at Shah Eubanks PC to discuss whether you can sue for pain and suffering and loss of enjoyment of life.
Q: What is wrongful dismissal?
A: Wrongful dismissal occurs when an employer terminates an employee without written notice, termination pay in lieu of notice or equivalent to the length of notice under the Employment Standards Act. When this occurs, an employee may have the possibility of making a claim for wrongful dismissal. If you are offered the statutory minimum termination notice or termination pay, you may be entitled to greater compensation.
Q: I received a termination/severance package from my employer, should I sign it?
A: Your first step should be to consult with a lawyer who can explain the terms of the agreement with you but who can also advise you on the reasonableness of the offer. Once you sign the package you are bound by the terms of that agreement and often the agreement is on a full and final basis. This means you cannot bring a claim against your employer at a later date.
Q: What is constructive dismissal?
A: Constructive dismissal may occur when an employer makes a significant change to a fundamental term or condition of an employee's employment without the employee's actual or implied consent.
Q: Can my employer terminate my employment without providing me with a reason?
A: If your employer has provided proper notice or termination pay, the employer does not need to provide you with a reason for termination. What often gives rise to a wrongful dismissal claim is whether an employer had just cause to terminate an employee.
Q: Do I need a Will?
A: Yes. If you die without a Will, even though your spouse will inherit your house and other items if you own them in joint title, there are no guarantees that the rest of your belongings will be given to the people you want to receive them. Having a last Will and Testament provides direction to your heirs and ensures that your final wishes will be followed.
Q: What are the advantages of making a Will?
A: One of the many advantages of making a Will is that it allows a person to choose someone they consider trustworthy to be an Estate Executor to administer their Estate as opposed to having a Court appointed administrator. Furthermore, the costs associated with administering an Estate pursuant to the terms of a last Will and Testament can be considerably less than administering an estate for which there is no Will and for which competing interest may lead to expensive litigation.
Q: Do I need a Power of Attorney?
A: Should you ever become incapable of managing your financial affairs or unable to make decisions regarding your personal care, the Substitute Decision Act states that the Provincial Government will make the decision for you until a suitable replacement is found. You can avoid this outcome by having a lawyer at Shah Eubanks PC draft a continuing power of attorney for property in which you choose; who would act for you should you lose your ability to manage your financial affairs. By drafting a power of attorney for personal care you can appoint a person of your choosing to make decisions concerning your health care should you be unable to do so.
Q: What do I do if I am bitten by a dog in Ontario?
A: If you are bitten by a dog in Ontario, the first thing you will want to do is to ascertain the dog owner’s contact information, including name, number, and address. The next step is to contact a lawyer at Shah Eubanks PC to discuss your legal options moving forward.
Q: Who pays for any damages or losses that I have sustained?
A: The dog owner’s home insurance policy will typically respond to any claims for damages. When a dog owner is notified that a victim may be bringing a claim for damages arising from a dog bite, the owner must forward that notice to their insurance company. Even if a dog bite incident occurs outside of the home, the dog owner’s insurance policy will still respond to the claim.
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