The settlement adjustment rate is between 0 to 50%. The settlement adjustment rate takes into consideration many factors that will impact the amount you can recover for benefits. In any case involving claims for entitlement, the following factors will be considered:
- CPP Disability – Many long-term policies of insurance will require, after a period of time, that you apply for CPP disability. Many long-term policies include a provision that allow the insurer to deduct what you may be entitled to receive or what you receive from CPP disability.
- Medical Evidence – Medical evidence is critical in a claim for long-term disability claims. Is the medical evidence supportive or not? Is treatment ongoing or not? Are you actively receiving treatment or not?
- Type of Injury – The type injury you sustain is of great importance. Soft tissue or psychological injuries are often looked upon with skepticism versus severe othropaedic injuries.
- Definition of Disability – Your entitlement to a benefit will likely change from an own occupation test to an any occupation test after two years. Of course, your policy may differ in definition of entitlement. The definition of disability along with the injuries you sustain will impact your entitlement to recovery and the strength of your claim.
- Working – It is often recommended that you attempt to return to work if possible and if you are cleared by your treating doctor. If you try to work and cannot due to your injuries then you will minimize the risk that your claim for benefits will be reduced for on the basis that you are not or have not taken steps to mitigate your damages.
- Risk of going to trial – Trials are expensive and time-consuming. Moreover, the outcome at trial is anything but certain. The risk of an adverse result could seriously impact you and your family.