About: Roger Foisy
All Posts by Roger Foisy
The team at Foisy & Associates wishes you and your loved ones Merry Christmas and a Happy New Year! We hope your holiday season is filled with joy, laughter, happiness, and relaxation. As we look forward to 2022, our team remains committed to providing every client with a very personal level of attention and maximizing their disability and personal injury settlements.
December 24th: Closed at 1 pm
December 27th-28th: Closed
December 31st: Closed at 1 pm
January 3rd: Closed
Foisy & Associates continues to support the Brain Injury Association of Peel and Halton (BIAPH). BIAPH is a non-profit organization that exists for the needs of families and survivors of brain injury in the Peel and Halton Regions. BIAPH facilitates measures to promote the prevention of brain injury, improve quality/care of life, provide community education, and conduct resource searches on behalf of members.
Social media evidence is now commonly used in personal injury cases, with defendants and insurance companies increasing their monitoring of plaintiff accounts. As a lawyer, you need to know what your clients post to their profiles because what may seem like a harmless post can have dire consequences on your file.
There are several examples of courts in the U.S. and Canada allowing social media posts to be admitted as evidence in personal injury cases. In some cases, these posts have had a direct impact on the outcome of the settlement value.
In Sedie v. US, a California personal injury case, social media evidence in conjunction with medical evidence was used to discredit the severity of the plaintiff’s injury. This led to the court concluding that the damages sought by the plaintiff were inflated.
In an Ontario personal injury case, Moretto v Nicolini-Femia, social media evidence was used to reduce the plaintiff’s damages in the assessment of her general damages.
You can read more case law on social media evidence in personal injury cases in the U.S. and Canada here.
The examples above demonstrate the role social media evidence can play in helping insurance companies discover or discredit a plaintiff’s claim about the extent of their injuries.
Clients suffering from injury or disability generally post positive content on their profiles that are only snapshots in time. This content rarely reflects the severity of a person’s pain and suffering. If lawyers are aware of what their clients are posting, during proceedings, they will be able to provide context so evidence can be based on the entirety of the facts and not simply on a single social media post.
Benefits of Monitoring Client Social Media
Increase Value of Files: Building a social media report that paints a picture of your clients’ life before and after their injury or disability can be instrumental in maximizing the value of their claim.
Avoid Bad Clients: You can use social media to determine if a prospective client is telling you the entire story and if they are indeed a file you want to invest in.
Reduce Client Risk: Social media is a rare outlet for clients that are suffering from an injury or illness. However, their posts may be misrepresented in court. Our team’s experience is that once clients become aware that their social media accounts are being monitored, we have noticed an immediate and significant decrease in their social media activity.
How Can Lawyers Monitor Client Social Media?
With more case law emerging that confirms the detrimental effect of social media usage on clients’ settlement values, lawyers can no longer ignore their clients’ activity.
Instead of spending several hours every week manually going through clients’ social media accounts to generate reports, lawyers and paralegals can now rely upon sophisticated tools that save time and increase the value of their files.
At Foisy and Associates, we use Private Footprint. This powerful tool allows our lawyers and paralegals to quickly view, organize, and make sense of the overwhelming volume of social media content generated by clients. Our team easily monitors social media activity for each client separately, flag specific posts, and quickly generate detailed reports that document the lives of our clients before and after life-altering events such as a personal injury or disability.
If you have sustained a personal injury or disability, please contact Foisy and Associates for a free consultation.
Jason purchased long-term care insurance 20 years ago to alleviate his children from the burden of long-term care costs and ensure he was taken care of in his senior years if the need arose.
Jason paid his insurance premiums religiously, but when he became ill and required ongoing assistance, Jason’s (now adult) children assisted him in filing a long-term care insurance claim. They were shocked when Jason’s benefits were denied by the insurance company.
Jason and his children are not alone; this is a scenario repeating itself all too often and is becoming a significant concern for long-term care insurance policy holders.
It may appear that insurance companies have been surprised by the escalating cost of long-term care and have been doing everything in their power to reduce their losses. In fact, a major Canadian insurance provider recently stopped offering long-term care insurance altogether, while others have significantly reduced benefits and increased premiums.
When Can Insurance Companies Deny Long-Term Care Claims
In Jason’s and most long-term care policies, a person is considered dependent if:
- They cannot perform two or more duties of daily living without substantial assistance.
- Require constant supervision due to cognitive impairment to protect themselves for their safety and health.
An insurance company will deny your claim if you fail to meet their definition of dependent. You need to understand how activities of daily living and cognitive impairment are defined and if you are in fact meeting the criteria listed in the policy.
Jason moved in with his son because he required assistance in performing activities of daily living. However, the insurance company denied his claim, stating he was able to perform the said activities.
There are strict limitations periods in contractual agreements between parties where the limitation period could be one year or more. If there is no mention of a limitation period, the Ontario Limitations Act, 2002, provides the limitation period which is usually two years from the date of denial of the long-term care claim.
Since there was no mention of a limitation period in Jason’s long-term care insurance contract, he and/or his family must commence legal action within two years of the denial of Jason’s claim for long-term care.
At the point of denial, it would be beneficial to contact a lawyer and seek representation in the case against the insurance company. In Jason’s case, he requires stand-by assistance from another person (his son) to safely perform two or more of the activities of daily living, as described in his policy. This appears to fit the criteria of physical dependency, and Jason may be successful in challenging the denial with the help of a lawyer experienced in disputing and litigating long-term care insurance denials.
Legal representation is also essential when challenging long-term care policy denials based on an insurance company’s interpretation of cognitive impairment which we will discuss in a future blog.
If your long-term care insurance claim has been denied or terminated, contact Roger R. Foisy & Associates for a free consultation. Call us at (905) 286-0050 or fill out the form on this page.
You have seen little if any improvement in your physical and mental health, but your long term disability has been terminated. You have not received the go-ahead from your doctor to return to work, and you continue to take the same or more medication.
So, how can the insurance company doctor who barely knows you or saw you only once, decide that you can go back to work?
Ask yourself what changed…Why did the insurance company terminate your benefits?
What changed was the definition your insurance company now uses to define disability and your ability to return to work.
If you were told that a diagnosis is required to be eligible for long term disability, let me assure you that this is not true.
Watch our short video that explains why you should contact a lawyer if your long term disability claim has been terminated.
Foisy and Associates personal injury and disability law firm represents individuals who have had their long term disability claims terminated. We have been handling long term disability terminations for more than 20 years, and have a track record of success.
If you face a situation where your long term disability claim has been terminated, contact us and speak to one of our lawyers.
We can help get you the benefits you deserve!
Your long term disability claim has been denied, and your insurer has offered you to appeal its decision. At this point, you need to pause and think for a moment…what are the chances that the same insurance company that denied your claim will overturn its own decision?
I’ve been a long term disability lawyer for 20 years and have rarely seen an insurance company overturn its denial, and even in those cases, it was usually due to an administrative error.
If your claim was denied, time is running out to file a lawsuit against your insurance company. Your chance of a successful resolution increases ten-fold if you let our offices work with you as soon as you experience an initial denial.
Let us assist in managing your file, and let us communicate with your insurance company. After reviewing and critiquing your insurance company’s file, we can determine if the denial was valid.
Watch our short video that explains why you should contact a lawyer if your long term disability claim has been denied.
Foisy and Associates personal injury and disability law firm represents individuals who have had their long term disability claims denied. We have been handling long term disability denials for more than 20 years, and have a track record of success.
If you face a situation where your long term disability claim has been denied, contact us and speak to one of our lawyers.
We can help get you the benefits you deserve!
As of January 29, 2021 Ontario’s Occupiers’ Liability Act was amended to add a requirement of written notice for claims arising from injuries caused by snow and ice.
If you’ve been injured from a fall due to snow or ice in Ontario, you have ONLY 10 DAYS to provide written notice by registered mail to the Municipality if the fall occurred on a municipal sidewalk or roadway. For all other properties, you have ONLY 60 DAYS to provide written notice by registered mail to the property owner or responsible maintenance contractor.
Action Against Ontario Municipalities
The Municipal Act states that no action shall be brought for the recovery of damages against a municipality unless written notice of the claim and of the injury has been hand-delivered or sent by registered mail to the municipal clerk’s office within 10 days after the occurrence of the injury.
Failure to give notice may not prevent you from taking legal action but only if a judge finds that there is reasonable excuse for the insufficient notice and that the municipality is not disadvantaged in responding to your claim. This places the onus on you to prove and may be a difficult threshold to meet. Therefore, we strongly recommend that you adhere to the 10 days’ notice requirements mentioned above.
Action Against Property Owners and Maintenance Contractors
Under the new Section 6.1 of the Occupiers’ Liability Act, no action shall be brought for the recovery of damages for personal injury caused by snow or ice against an occupier or a maintenance contractor retained to remove snow and ice unless written notice of the claim (including the date, time and location of the occurrence) is provided within 60 days after the occurrence of the injury, except in the case of death of the injured person as a result of the injury.
Written notice is to be hand-delivered or sent by registered mail to at least one of the occupiers of the premises, or the independent contractors employed to remove snow or ice on the premises.
As with municipalities, failure to give notice may not prevent you from taking legal action but only if a judge finds that there is reasonable excuse for the insufficient notice and that the occupier and/or the independent maintenance contactor is not disadvantaged in responding to your claim. This once again places the onus on you to prove and may be a difficult threshold to meet. Therefore, we strongly recommend that you adhere to the 60 days’ notice requirements mentioned above.
If you’ve been injured in Ontario from a slip, trip, and fall due snow or ice, you must act quickly. contact us and speak to one of our lawyers.
We can help you get the settlement you deserve!
People who are suffering from mental health issues tend to blame their workplace and employer for psychological distress. Focusing on your employer can undermine your long-term disability case because your insurer will just ask you to change where you work.
You are dealing with more than just the general stress of life. These could be issues that are happening in the world, in your home, in your personal life or a health issue such as chronic pain.
Watch our short video that explains the link between phycological distress and long term disability.
Foisy and Associates Personal Injury and Disability Law Firm represents people who are suffering from psychological distress. We have been handling long term disability claims for more than 20 years, and have a track record of success.
If your psychological distress is impacting your ability to work, contact us and speak to one of our lawyers.
We can help you get the benefits you deserve!
The holiday season is here and it’s time to reflect on the year that has been. No one could have predicted the difficulties 2020 would bring and the challenges it created for everyone. This year we want to extend our holiday greetings to not only our clients but also to frontline workers who are risking their lives in the fight against COVID-19.
We hope your holiday season is filled with joy, laughter, good food, and time reflecting on all the reasons to be optimistic. From the entire team at Foisy & Associates, Merry Christmas and a Happy New Year!
December 16th: Closed at 12 PM for staff virtual event
December 24th: Closed at 1 PM
December 25th – 27th: Closed
December 31st: Closed at 1 PM
January 1st: Closed
The team at Foisy & Associates continues to support the Brain Injury Association of Peel and Halton (BIAPH). BIAPH is a non-profit organization that exists for the needs of families and survivors of brain injury in the Peel and Halton Regions. BIAPH facilitates measures to promote the prevention of brain injury, improve quality/care of life, provide community education, and conduct resource searches on behalf of members.
We tend to recognize pain as only physical, but pain has biological, psychological, and emotional factors and if left untreated or misdiagnosed, there is a possibility it becomes chronic. Diagnosing chronic pain can be difficult as most of the time symptoms cannot be seen, even though the pain is real.
To see if you are suffering from chronic pain you need to ask yourself the following questions:
- Have you been in pain for more than six months?
- Are you dependent on your physician for care?
- Do you find yourself disengaged from work, recreational activities, and feeling increasingly isolated?
If you are experiencing any of the above, chronic pain might be to blame.
While it has taken several years to get there, the Supreme Court of Canada has recognized chronic pain as a disability.
Watch our short video that explains how you can qualify for long term benefits if you suffer from chronic pain.
Foisy and Associates personal injury and disability law firm represents individuals who are suffering from chronic pain. We have been handling long term disability claims for more than 20 years, and have a track record of success.
If you are facing a situation where your chronic pain was not recognized as a disability, contact us and speak to one of our lawyers.
We can help get you the benefits you deserve!
The second Brian Injury Association of Peel and Halton (BIAPH) Health Advocates Education Conference will be held virtually on October 28, 2020. The theme for this year’s conference is What You’re Missing: Practical Tips and Strategies from Industrial Professionals. This event is the largest Virtual Health Advocates Education Conference in Ontario.
BIAPH’s innovative virtual platform will deliver our trademark rapid podium speakers. Delegates will have full access to all exhibitors and will be able to interact with them online through the platform.
Roger R Foisy who has served as BIAPH President since September 2019 has returned as conference chair and looks forward to holding the best conference of its kind in Canada.
We invite you to watch the lighthearted video below for more information about the conference!
The conference presents an opportunity to promote your organization and reach out to a wide variety of health care and rehabilitation professionals and advocates. Sponsorships have been in high demand.
We look forward to you attending this unique learning experience which will use a multidisciplinary approach to bridge gaps in knowledge and provide practical tips and strategies on how to effectively advocate for clients and assist in ensuring that funding for treatment is provided.
BIAPH is a non-profit organization that exists for the needs of families and survivors of brain injury in the Peel and Halton Regions. BIAPH facilitates measures to promote the prevention of brain injury, improve quality/care of life, provide community education, and conduct resource searches on behalf of members.
If you want to register for the conference or have any questions, please email firstname.lastname@example.org