Blogs


Private policies a good option to mitigate disability risk

Canadians would be wise to check out private insurance policies to help mitigate their risk should an illness leave them unable to work, Toronto personal injury and disability lawyer Nainesh Kotak tells Bloomberg News. “The reality is many Canadians are living day-to-day, and the workforce is changing,” says Kotak, principal of Kotak Personal Injury Law. ...

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Burden of proof in wrongful death claims

Ontario law provides an opportunity for compensation to some relatives following the wrongful death of a loved one, says Toronto personal injury and disability lawyer Nainesh Kotak. Kotak, principal of Kotak Personal Injury Law, says wrongful death claims proceed in a similar way as negligence actions — the plaintiff must show not only that the ...

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Car Accident results in life-changing Brain Injury

Motor vehicle accidents are the most common cause of personal injury lawsuits arising from a traumatic brain injury (TBI). Traumatic brain injury refers to damage to the brain caused by a traumatic event such as a blow or jolt to the head.  In many cases of TBI, the injured person experiences only temporary symptoms that ...

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Choose a Personal Injury lawyer whose values match yours: Kotak

Good communication, mutual honesty and shared values are the secrets of success in any lawyer-client relationship involving personal injury or disability, says Toronto personal injury and disability lawyer Nainesh Kotak. “These cases last some time, and so the relationship needs to be based on some common values and understanding — that the client is being ...

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MULTIPLE SCLEROSIS CAUSES DISABILITY FOR MANY CANADIANS

Multiple sclerosis (MS) is a chronic neurological disease affecting the central nervous system, including the brain and spinal cord. Canada has among the highest rates of multiple sclerosis, with roughly one in every 385 Canadians suffering from MS. Multiple sclerosis is typically diagnosed between the ages of 20 and 49, and the average onset of ...

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Long Term Disability claimants should be mindful with social media posts

Long-term disability claimants are providing free surveillance for insurers by posting publicly on social media, says Toronto personal injury and disability lawyer Nainesh Kotak. Kotak, principal of Kotak Personal Injury Law, says disability insurers have traditionally invested heavily in private investigations to discretely follow claimants and question their friends and neighbours, all to uncover discrepancies ...

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Over $2 Million in Damages awarded when Plaintiff with Serious Pre-Existing Conditions is injured in Pedestrian Accident

Many people who are injured in an automobile accident have a pre-existing condition, such as a back injury, which worsens as a result of the accident. This can create challenges and complexity in a personal injury claim as the judge or arbitrator must attempt to separate the effects of the pre-existing condition from the consequences ...

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Tips on Appealing Disability Claim Denial

You cannot work due to injury or illness.  You let your employer know and then compete an application and submit it to your disability insurance company.  Your doctor fills out the appropriate form and then you wait patiently for a decision.  After a while you receive a letter from the disability insurer informing you that ...

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Scales tipped in insurer’s favour with LTD claims

Insurance companies are ramping up their scrutiny of long-term disability claims and employing tactics to deny benefits, Toronto personal injury and disability lawyer Nainesh Kotak tells Benefits Canada. Kotak, principal of Kotak Personal Injury Law, says such measures are counterproductive as most people don’t want to be off the job any longer than necessary and ...

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Is Your Disability Insurance Company Sending You to An Independent Medical Examination (IME)?

Often, while adjudicating or managing a short term or long term disability claim, insurance companies send people to a so called Independent Medical Examination (IME). In many cases these examinations are not felt to be independent. The stated purpose of the assessment is to provide the disability insurer with an opinion about whether a claimant ...

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