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Pedestrian Accidents: Who has to prove the injury case?

Generally, in a civil action the burden of proving negligence falls on the party advancing the claim. This party is often the plaintiff, the one suing the defendant in negligence, or the defendant if they are claiming contributory negligence (the extent to which the plaintiff was injured due to their own negligent conduct). All claims of negligence must be proven on a balance of probabilities. This means proving that there is more than a 50% …

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Can the Insurance Company Use My Social Media Content?

It is important to remember that anything on your Twitter, Facebook, and Linkedin that is already publically accessible can also be viewed by an insurance company. Although being able to view your social media profile is not synonymous with being able to use it as evidence against you in a legal action. However, if there are photos or posts on your social media accounts, which appear to contradict a claim you have made about your …

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6 Reasons for Mental Health Disability Claim Denials

The insurance company says that you can do your job. They, however, don’t work in your environment every day. Some people go back to work and try their best to complete the daily demands of their work. This return to work effort may fail. If you can’t do your job and go off again the insurance company will reconsider your right to disability benefits. They are now assessing you as someone who originally went off work and then gave their job a second chance …

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Canada Pension Plan and Your Disability Benefits Plan

Are you considering applying for Canada Pension Plan Disability Benefits? Perhaps the insurance company has asked you to apply for benefits – even if they are going to get the money if you win the benefits. Learn your rights and obligations while being an active claimant of disability benefits in this post. After an injury, it may be possible to apply for and receive disability benefits under the Canada Pension Plan, if you have made …

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How to Negotiate A Personal Injury Claim

If you have been injured by someone else who was negligent or careless, you have a legal right to seek compensation for your losses. Once you have made contact with the Defendant, you will want to discuss the potential of settlement long before you consider preparing for a trial. In many cases, you should be thinking about settlement even before you file a legal claim. Negotiation is an essential component to any personal injury claim. …

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When Trying to Settle an Injury Claim Doesn’t Work

You’re tried, but your attempt to settle your injury claim doesn’t work. What to do now? Here is a look at your options if the A look at your options to advance towards a settlement of your personal injury claim. Remember, settlement won’t always be possible in every case. There are some cases which have very little chance of settling for a verity of reasons. Some of the more common reasons are below: Settlement is a …

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How is a Personal Injury Case Settled?

There are two main routes to injury claim settlement: settlement with an adjuster without a legal claim, and settlement with a lawyer after filing a legal claim. A settlement means a resolution to your claim without the matter going to trial and being decided by a judge. In Atlantic Canada, the vast majority of legal claims settle outside of court. This means that victims or car accidents, slip & fall accidents, or other forms of injury …

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Negotiation Confirmation Letter

Whenever you’re been told anything important about your injury claim it is important to have a paper trial. While e-mail may be used during the course of your claim, key conversations may still occur over the phone. Be sure to create a paper trial for important phone conversations using a negotiation confirmation letter. It is important to make a paper trial to protect your injury claim. The negotiation confirmation letter will help protect you against …

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Tips for Getting the Best Injury Claim Settlement

Once the claim settlement negotiation process begins, many deviate from the strategy they planned to follow. Other have no strategy at all! Following these six claim settlement tips is an excellent starting point for many who wish to attempt settlement of an injury claim. Lawyers do not enter settlement negotiations without having a good handle on what they are seeking. A settlement demand letter (or settlement proposal) is crafted by lawyer and provided to the …

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Cost Reimbursement in Personal Injury Claims

Many people inadvertently leave money on the table when it comes time to settle a personal injury claim. Fundamentally, you should not have any out of pocket costs for any expenses related to the accident or injury. In practice, many injury victims find themselves without full reimbursement for expenses because they did not know about their right to reimbursement, or they failed to keep proof of their expenses. First off, the accident must not have been …