Taking a matter to court can be very stressful, expensive and time consuming. Luckily, for certain legal issues, individuals and small businesses can resolve their disputes through the Small Claims Court which provides a simpler, quicker and cheaper way to deal with matters involving debt, damages and recovery of personal property, as long as the amount or value does not exceed $20,000. To start an action in the Small Claims Court, the first step is to complete a Claim (Form 1) and submit it to the court.
If you’ve been injured in an accident, you may be entitled to medical and loss of income benefits. In order to open your Section B claim and receive your benefits, you must complete the forms sent to you by your insurance company. In most cases, your insurer will send you three forms – the proof of claim, which must be completed by you, a medical form to be completed by your family doctor, and the confirmation of income and benefits, to be completed by your employer. You may also receive a form to track your mileage, since you are entitled to be compensated for your travel expenses related to your injury.
Being injured in an accident can have serious financial consequences. If your doctor recommends that you should not work for medical reasons relating to your accident, you may be entitled to loss of earnings benefits from your insurer, and in addition, you may be eligible for Employment Insurance sickness benefits. These EI sickness benefits can provide you with up to 15 weeks of financial assistance if you can no longer work for medical reasons.
Whether caused by a motor vehicle accident, an incident of some kind, or an illness, if you suffer from a severe and prolonged disability, and you are under the age of 65, you may qualify for the Canada Pension Plan (CPP) disability benefits. In order to qualify, your disability must be long-term and regularly prevent you from doing any type of substantial work to earn a living. In addition, you must meet certain contribution requirements into the CPP. To learn more about CPP disability benefits and how a Fidelis lawyer can assist you with your initial application or appeal, please consult our CPP disability blog.
The legal fees on personal injury and disability cases are charged on a contingency basis, which means you don’t pay any fees until your case is resolved in your favour. The Contingent Fee Agreement is a contract between a lawyer and client that states that the fee paid to the lawyer will be a percentage of the amount received by the client when the case is resolved. This is a standard agreement, written by the Law Society of New Brunswick, which establishes the percentage lawyers may charge for fees, and it cannot be modified.
In personal injury and disability claims, your lawyer will need access to your employment and medical records in order to get you the full financial compensation you deserve. These authorization forms allow your lawyer to request these records on your behalf, so you can focus on your health while we deal with the insurance company.