When experiencing accident benefits claim disputes at the Licence Appeal Tribunal (LAT) in Ontario, many claimants wonder if they are required to settle their entire accident benefits case with their insurance company when they have only appealed specific issues. Many clients or legal representatives make mistakes here, settling out an entire claim when the appeal is related to a single issue. At Foisy & Associates, our stance is no – you do not need to settle your entire case.
The Scope of LAT Appeals
When appealing to the Licence Appeal Tribunal, you have the option to challenge specific decisions made by your insurance company without needing to address every aspect of your claim. This selective approach allows for focus on particular disagreements—such as disputes over medical rehabilitation benefits or income replacement benefits—without necessitating a full settlement of all issues.
This targeted appeal is crucial, especially in cases where there is uncertainty about a claimant’s future medical needs or the overall prognosis following a serious motor vehicle accident.
Misconceptions and Pressure to Settle
Unfortunately, there is sometimes pressure—whether from legal representatives, the adjudicator overseeing a case conference, or the current legislation—to settle all outstanding issues. This may be presented as a way to alleviate the burden of ongoing legal disputes.
However, agreeing to a full settlement without a clear understanding of future needs can be risky. Premature settlement may not only fail to account for evolving medical conditions but could also leave you without sufficient resources if your injuries become more severe or are later classified as catastrophic.
Settlement of the entire claim at once can also prematurely close the case, potentially leaving you without adequate resources if your condition worsens or if additional complications arise. This is particularly grave for those involved in serious motor vehicle accidents, where the prognosis might not be fully determined until much later.
Furthermore, full settlements can often be influenced by pressures from various parties, including insurance companies looking to minimize payouts or legal advisors underestimating the complexity of the case. This can lead to decisions that might not fully account for your long-term well-being, putting you at risk of facing future hardships without any recourse for additional claims.
The Benefits of a Partial Settlement at the Licence Appeal Tribunal
Partial settlements can be highly beneficial in managing complex accident benefits claims, particularly when certain aspects of a claim are straightforward, and others may involve more complexity or uncertainty.
Opting for a partial settlement allows you to resolve clear-cut issues promptly, expediting access to needed benefits and reducing the emotional and financial strain of prolonged legal disputes. This strategic approach also retains the flexibility to continue fighting for fair compensation on more contentious or complicated matters, such as long-term medical care or income replacement benefits.
Additionally, by settling some issues, claimants can gain a strategic advantage in negotiations, showing a willingness to compromise while preserving resources and legal focus for disputed claims that require more robust advocacy.
Why Legal Expertise Matters
Navigating these decisions can be complex, and the importance of consulting with knowledgeable legal professionals who specialize in personal injury and accident benefits law cannot be overstated. An experienced lawyer can provide crucial advice tailored to the specific circumstances of a case, helping to strategize the best approach for achieving a favourable outcome while protecting future entitlements.
Are you looking for a lawyer to assist you with your LAT appeal? Contact us for a free consultation. Foisy & Associates is a team with extensive experience in handling complex personal injury and accident benefit cases and are lawyers for the people who fight to receive maximum dollars for their clients.
Roger R. Foisy, Harpreet S. Sidhu, Daniel Berman, and Rutumi Tank are Ontario Personal Injury Lawyers with extensive experience in motor vehicle accident cases before the LAT and courts. They are strongly supported by Rusald Laloshi, a senior paralegal who has also represented many clients before the LAT. If you have been injured in a motor vehicle accident, please get in touch with us for immediate support and a free consultation.