What to Expect
from a Disability
Lawsuit
Suing an insurance company can seem like a daunting task and many individuals do not know the steps required. Here are the most common steps in a disability lawsuit.
Filing the Statement
of Claim
Filing a Statement of Claim with the court is the first step in the lawsuit. It is akin to turning the ignition on in a vehicle. The Statement of Claim is a formal court document that summarizes the facts of your case and lists your demands from the insurance company. Common demands include reinstatement of your disability benefits, payment of your legal fees, interest, and damages for mental distress.
The Statement of Claim is filed with the court and then served on the insurance company by our process servers.
Statement of
Defence
Once they are served with the Statement of Claim, the insurance company will file a Statement of Defence. This is a formal court document that sets out facts from the insurance company’s perspective and sets out the arguments for why your claim was denied or terminated. Although the insurance company technically has 20 days to file a Statement of Defence they will usually file for an extension of time.
Discovery
Discovery is the exchange of information between the two parties. It involves exchanging all relevant records in the possession of the parties. Oral discovery involves the insurance company lawyer asking you questions while you are under oath. The questions deal with every aspect of your disability claim, including your work experience, medical symptoms, treatment and medication, as well as your daily activities. As your lawyer, I will be there with you to ensure that you do not answer any unfair or irrelevant questions.
Similarly, as your lawyer I will be questioning the insurance company representative as to the reasons and justifications for denying your disability claim or terminating your disability benefits.
Mediation
Mediation is a process that can take place either before your discovery or afterwards. With the assistance of a neutral third-party mediator, the parties get together and present their side of the case to the other side. Afterwards, the parties will separate into different rooms and the mediator shuttles back and forth with settlement proposals.
Independent Medical
Assessments
Most disability lawsuits involve being assessed by a medical expert working on behalf of your lawyer or the insurance company. The medical professional will then prepare a report and may also become a witness at the trial.
Pre-Trial and Trial
If the matter cannot be resolved, next step is pre-trial. Technically a pre-trial is to determine what final steps are necessary before trial but most often the parties will try and resolve the case with the assistance of a judge. The final step of the lawsuit is a trial, where either a judge or jury will determine whether you are disabled and entitled to benefits and damages.
No Upfront fees
At Yazdani Law Office, we know about the severe financial hardships caused by having your disability claim denied or terminated. For that reason, we don’t charge any upfront fees to our clients. Rather, we offer a contingency fee (percentage) arrangement where we only get paid once your case settles or we win at trial.
We pay for all the expenses of the lawsuit, including the cost to have you examined by medical experts. Our retainer agreement is written in plain language and there are no hidden fees or “fine print” – you will be fully advised of our fees in writing and in advance.
Of course, we offer free consultations to our clients – this includes reviewing your complete disability claim file without charge.
Contact disability lawyer Mark Yazdani today for a free and confidential discussion about your case
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