Lawyers for the Insured
At Murphy Battista LLP, much of our work involves claims against insurance companies. In motor vehicle accident cases, we present fully documented claims to ICBC and will go to court whenever necessary to protect the value of our client’s claim. In medical negligence cases, the doctors are typically covered under liability insurance and represented by counsel for the Canadian Medical Protective Association (CMPA).
When the object is to get the benefit of a negligent party’s insurance coverage, lawyers refer to the actions as third-party insurance litigation. Similar problems arise with insurance companies when the insured seeks coverage for a loss protected under the policy, only to find that the insurer denies coverage or disputes the loss. These cases are known as first-party claims and often involve litigation between a property owner, a business owner or a life insurance beneficiary against the insurer that issued the policy.
Disability Insurance Claims
Our experience with disability claims goes beyond compensation for traumatic injuries suffered in major accidents. We also work with people whose disabilities result from birth injuries, medical negligence, chronic or degenerative conditions related to occupational disorders, and other causes.
The issues and tactics necessary to resolve a claim vary a great deal between different kinds of losses and can vary considerably from one case to another.
Your legal team must be prepared to establish your contractual right to coverage under the terms of the insurance policy, show that exclusions or conditions do not apply to your claim, and document your losses in detail up to the policy coverage limits. Murphy Battista’s experience with overcoming these challenges in first-party insurance disputes can give you a significant advantage.
In disability insurance claims, the goal is to establish a right to benefits based on an inability to resume work after an accident, major surgery, illness or chronic medical condition. Our decades of experience with medical negligence and personal injury litigation add substantial value to our understanding of insurance law and practice when it comes to disability claims.
Living with a Permanent Disability
No matter how your catastrophic injury occurred, you will have encountered the difficult transition to living with a disability.
The personal injury team at Murphy Battista LLP is fully committed to assisting accident survivors meet the full range of needs that arise during recovery: legal, medical, financial, emotional and practical. We work closely with our clients, their families, and their medical and rehabilitative teams to ensure that the complete spectrum of treatment and therapeutic service is available, appropriate and paid for. We present damages claims to ICBC, disability insurers and private insurers to maximize the value of the financial recovery you’ll need for treatment, future surgery, and adaptive technology or living assistance. Our experience with the presentation and proof of claims to insurers helps protect the overall value of your right to substantial compensation.
While we work to develop and document your compensation claims, we maintain close contact with you to make sure that all other needs of daily life and practical support are being met. In some cases, the management and disbursement of a significant settlement or trial award will involve the appointment of a committee acting under court supervision. This can help to preserve assets that might need to last for decades.
If you or a member of your family has suffered a permanent disability through accident or negligence, contact our office to arrange a no-cost consultation with experienced and resourceful professionals.
BC Lawyers for Denied Disability Insurance Claims
Our experience with disability claims goes beyond compensation for traumatic injuries suffered in motor vehicle accidents. We also work with people whose disability insurance claim denials are related to birth injuries, medical negligence, critical illness, chronic or degenerative conditions related to occupational disorders, and other causes.
Find out more about the ways we can help you and your family access tools and resources that can help you cope with your disability. Contact Murphy Battista for a free consultation.
When Worlds Collide: Medical Malpractice Can Lead to Denied Critical Illness Insurance Claims
October 18, 2021
The purpose of critical illness insurance Critical illness insurance provides peace of mind coverage for someone diagnosed with a serious medical condition. Typical conditions covered by critical illness policies include cancer, heart attack, and stroke, but can also include other conditions such as Alzheimer’s disease or even blindness. Insurance company…Continue Reading
Disability claim denied? Consult a lawyer before you walk away.
March 10, 2021
I have seen insurance companies do many terrible things to people over my 25 years as a lawyer. The cruellest thing I have seen is when a disability insurer wrongly denies a claim. It is absolutely heart-wrenching to learn that a hard-working person has paid their premiums only to have…Continue Reading