[marlenemike]

Hi, I live in Ontario, Canada and 10 years ago my father got into an accident at work which left him unable to work, he didn't know english and so he couldn't find another job, the insurance company didn't give us a penny for 5 years and so we were forced to go on welfare. I was about 11 years old when that happened and I have a younger brother as well. My father as a result of the negligence (the insurance company couldn't just abandon us without a penny) of the insurance company became ill and was suicidal. Many nights me and my brother didn't know if we would ever see my father again because he would leave in the middle of the night. We were forced out of our home because the money welfare gave us was barely enough to pay the rent let alone pay for our food. We had life threats against us made by our landlord because we couldn't give him the raise he asked for. Many times at night me, my brother and my mom would go through peoples trash looking for stuff to make yard sales so we could have some money to buy food. Me and my brother found it hard to concentrate in school because there were constant fights between my parents and as a result we never finished high school, so now we can't even get a decent job. 5 years after my father got into this accident the insurance company finally decided to pay him 100% of the money and he was diagnosed as completely disabled, because apart from his physical accident he now is crazy and doesn't talk to anyone.. I don't have a father that I used to have. Now just recently I was diagnosed as having major stress and anxiety, and depression, my psychiatrist says its because of what happened because of my fathers accident and the fact that the insurance company abandoned us for 5 years I had to worry all the time and we could barely survive. I now want to sue the insurance company for negligence and for a poor childhood and I was wondering if there is a statue of limitation for this?
Thank you.

[ScottGem]

You need to consult an attorney before you consider any suit. They can tell you if you have a case or not. I doubt if statue of limitations applies because your symptoms and the diagnosis is recent.

However, I'm not sure if you will have much of a case. It seems to me that the insurance company never abandoned the claim. I don't know whay they took 5 years to pay it, but I'm sure they will come up with good reasons.

But please do contact an attorney. In a case like this, there are many attorneys (at least in the US) who will give you a free consultation. If they think there is a cause of action they would probably take it on contingency.

[marlenemike]

HI scott! Thank you for your quick answer, you know I just wanted to let you know that the reason why I say that the insurance company abandoned my father is because once he got injured the insurance company's job is to either pay you or help you or train you to find another job that is suitable for you, not leave you hanging for 5 years with no money, no answer, no nothing. Had the insurance company done their jobs properly my father could have been working and everything would have been fine. My father went crazy staying at home worrying and worrying, now he is seriouse medication because of what happened and will never be the same again. What do you think?

[ScottGem]

If your father wanted to sue the insurance company for negligence in processing his claim he might have more of chance than I think you have. I don't know what you know of why the insurance company took so long. You were in your teens at the time and had other worries.

That's why you NEED to consult an attorney.

[marlenemike]

That is true what you say about my father having a better chance than me, what do you think about sueing for a poor childhood, loss of my father and all the trauma I went through? I have a psychiatrist that says that I have Post traumatic Stress and I'm takeing anidepressent medication and its all because of what happened.

[CaptainForest]

First, go see an attorney.

If you have a case, an attorney will take this case for you most likely on a contingency basis. That is, charge you nothing and just take a percentage of the winnings.

Now, I doubt that YOU have a case.

The insurance company has no duty of care to you, but rather to your father.

Why didn't your mother work to support the children, etc, etc.

As Scott has said, maybe your father might have a case.

Again, go talk with an attorney.

And also, you are 21 now, perhaps you should consider going back and getting your high school diploma (if you feel you are mentally prepared to go back to school)

[excon]

Hello marlene:

You have absolutely no case. None, zero, zippo, nada. The insurance company was responsible to your father. Your father was responsible to you. The insurance company and you had NO relationship. Lots of bad things happen to fathers. They overcome them. Yours didn't. I'm sorry. But, that has nothing to do with the insurance company.

So, it took 5 years. That's actually quite ordinary. Where's the money now? Should have been quite a sum.

excon

[s_cianci]

I don't know about Canada but here in the U.S. as ridiculous as it sounds, for the insurance company to take 5 years to pay the claim probably would not be considered an excessive amount of time in a court of law. Coupled with the fact that when they did pay they paid the claim 100% would probably not leave you with much of a case against the insurance company. You can talk with an attorney but any American lawyer probably wouldn't touch this one.

[valinors_sorrow]

Its not easy to sue for emotional damages. Mostly they are tagged onto existing cases that have substantial legal grounds. Last I looked your parents providing you a crappy childhood, while being very damaging, is not against the law. At the time you were a child they could have been charged with neglect but that is water way over the dam now.

I too had a childhood that looked like a warzone, was diagnosed with PTSD in my late twenties and spent three years in the care of professionals to regain some semblence of life for myself. There was no one to sue so I paid for it out of my own pocket since the work I did didn't offer insurance. It cost thousands of dollars and was worth every penny I paid for it. Self determination to conquer our pasts can go a long way toward our healing, far far more than a law suit.

[OntarioGirl]

Here in Canada you are lucky to have had them pay out in 5 years.

My mother waited over 8 years. Was seriously injured, and still only got a small settlement because she could not take it anymore.

Apparently they play the waiting game knowing the longer they make you wait the more likely it is that you will settle for a lower amount.

An accident that leaves you with permanent disabilities often pays out a max of 150,000 unless you have additional accident coverage or a very good lawyer. A 100% payout is very good, even if it did take forever.

Trust me when I say I can empathize with you on what it is like to watch a parent who was fully functional no longer function. I'll keep my own traumas and dramas to myself but will tell you that the longer you put off emersing yourself in treatment to overcome what you lived as well as come to grips with it and accept it the longer it will affect your life negatively. In reality the only things you can do are to get the proper care (which much of is covered here in Ontario... and you might even be able to get drug benefits from Social Services or one of the other organizations). You may also want to look into these potential opportunities as you are under 25 still:

http://www.cbsc.org/servlet/ContentS...GuideInfoGuide

http://www.edu.gov.on.ca/eng/tcu/jobseekers/

http://www.oayec.org/visitors/finder/

Oh and as a side note... If you have a low income, are 19 years of age or older (as you are)... You can go into or phone an ontario College to have an Adult Aptitude test OR inquire about a GED. Your aptitude test is probably about 100-150$ but it is worth it. If you pass the test you are then eligible to apply for post secondary education. With that accpetance you can apply for OSAP. As someone with mental health issues you can be eligible for grants, and to only have to take 40-60% of a course load to make life easier on you if you are accepted in... With that course load you are still able to receive the full living amount and devote more study time to learning. From there you can also make sure that if you have a Learning disability you can get funding from the School to pay for a computer system for you or use their "Center for access".

Good luck. Don't forget to use the resources that are there for you as a resident of Ontario!

OntarioGirl