Recently there has been a number of “Concussion Lawsuits” brought against the NFL.  The law suits are being brought by former players seeking damages for the brain and mental impairments they are suffering from after years of head injuries and concussions from playing football.

I wonder if other sports will follow suit, so to speak.  This has been a big issue in hockey for years.  What about baseball.  Baseball players can also suffer head injuries.  Being hit in the head with a ball is common, but there are also serious collisions at the bases and in particular, at home plate.

When it comes to accidents and head injuries, a brain injury can be among the most devastating injuries that someone can suffer.  The injury can affect every aspect of the victim’s life including memories, emotions, work, relationships and activities of daily life.  There are several steps you can take to help prevent this type of injury:

1. Always wear a seatbelt.  Many brain injuries arise from car accidents.  Wearing a seatbelt reduces the risk of serious injuries from a car accident.  In Ontario it’s the law to wear your seatbelt every time you are in a car.

2. Always protect your head when you are playing sports or exercising.  This includes skiing, cycling, skating or any contact sports.  Wearing a helmet and a proper mouth guard will help reduce the risk of injury.

3. Motorcycle accidents and bicycle accidents are common causes of injury.  Proper fitting helmets are very important.  If the helmet has been damaged in a prior accident, then it should be replaced.

At Raphael Barristers our competent professionals are educated and experienced in the physiology, sequelae, and rehabilitation practices of a traumatic brain injury. The Raphael Barristers team will ensure that a victim of a trauma related brain injury will receive the best possible medical and rehabilitation care available. Furthermore, we are well aware that often the effects of a brain injury may be subtle such as behavioural and emotional changes, however still result in devastating and life long consequences to the individual and their family. Raphael Barristers will ensure that your injury and suffering is fairly and maximally compensated through proactive and caring legal intervention. We were awarded the Legal Fellowship Award from the Ontario Brain Injury Association in 2007 for outstanding support of persons living with the effects of acquired brain injury.

Jeffrey Raphael is a personal injury lawyer with the firm of Raphael Barristers. The firm has been practicing personal injury law for over 50 years helping victims of car accidents, motorcycle accidents, bicycle accidents, slip and falls and victims of crime. We have offices in Toronto and Thornhill to service all of Ontario. Please call us for a free consultation at 416-594-1812 or visit us on the web at www.raphaelpersonalinjurylawyer.com

While we know that personal injury lawyers are not superheroes, there are still many similarities.  A good lawyer, like a superhero, is there to help people who have been wronged.  If you have been injured due to the negligence of someone else, then you may be entitled to compensation.

One of the most common causes of personal injury is car accidents.  It is for this reason that all motor vehicles that travel on our roads are supposed to have insurance.  Currently, the statutory minimum of third party liability coverage is $200,000, though most people carry at least $1,000,000.  Each motor vehicle policy also provides statutory accident benefits coverage.  These benefits are available no matter who is at fault for the accident.  The benefits available include income replacement benefits, medical benefits and attendant care benefits.

Personal injury lawyers do also get involved with criminals.  We have represented many victims of crime through the Criminal Injury Compensation Board.  The Board provides compensation to those injured or killed by the commission of a crime of violence.  This would include assault or sexual assault.

You may be asking what sort of super powers does a personal injury lawyer have.  Well, not all superheroes have super powers.  Like Batman, a good lawyer uses his natural intelligence, knowledge and skill to help those in need.

Raphael Barristers have been practicing personal injury law for over 50 years. Our lawyers provide legal service to anyone who has been injured in Toronto, Mississauga, Oakville, Markham, Oshawa, Richmond Hill, Brampton, Burlington, Milton, Whitby, Pickering, Etobicoke, Thornhill, North York, Scarborough, Owen Sound, Collingwood, New Market, Aurora, Barrie, Hamilton, St. Catharines, Niagara, Guelph, Kitchener, Waterloo and London, and to the Greater Toronto Area (GTA), the Golden Horseshoe and the rest of Ontario. Call Jeffrey Raphael at 416-594-1812 or 1-877-217-1812 for a free consultation. Visit us at www.raphaelpersonalinjurylawyers.com

In Ontario, an occupier of premises owes a duty to take such care, as in all the circumstances of the case is reasonable, to see that persons entering on the premises are reasonably safe while on the premises.  Occupier Liability law suits are usually filed in circumstances where an injury that could have been avoided ends ups injuring someone and resulting in personal injury, medical expenses, lost wages or pain and suffering.

A common occupier liability claim is that of a slip and fall.  An occupier may be liable if they failed to maintain their premises in a reasonable manner.  In Canada, snow and ice claims do arise, but there are many other hazards that are not as common.  An occupier has a duty of keep the premises clear of any trip hazards such as garbage or spills.  They also may be responsible if the premises were constructed in an unsafe manner.  There are many building code requirements for premises that are open to the public.  Things like appropriate stairs and handrails or slip resistant flooring are things to consider.

We are aware of many cases that have taken place in restaurants or retail stores.  Restaurants can be dangerous as food and liquids are being transported back and forth on the premises.  Retail stores generally have a lot of pedestrian traffic that may bring in rain water or snow.  The flooring in retail stores is generally hard tile that is not very forgiving in the event of a fall.

People’s residences can be subject to the same duty to guests.  Home owners or renters must make sure they maintain their premises.  Things to be aware of include snow and ice removal, proper lighting, worn carpeting and properly constructed stairs and handrails.  Dog owners can also be held responsible for their dogs in the event of an attack or bite.

The lawyers at Raphael Barristers have been practicing personal injury law for over 50 years. We have offices in Toronto and Thornhill to serve all of Ontario. Call Jeffrey Raphael for a free consultation at 416-594-1812 or 1-877-217-1812, or visit us at www.raphaelpersonalinjurylawyers.com. Our personal injury lawyers represent clients with bus, car, motorcycle, truck, boat or snowmobile accident claims, accident insurance claims, insurance disputes, short or long term disability benefit disputes and accident benefits disputes, as well as, victims of crime, through the Criminal Injury Compensation Board. Your initial consultation is always free. We normally work on a contingency fee basis, which mean that there will be no charge for fees until the case is settled or successfully won at trial.

Where a person has been injured or killed by the commission of a crime of violence constituting an offence against the criminal code, in Ontario, there may be entitlement to compensation from the Criminal Injury Compensation Board.  The crime may include assault, sexual assault, domestic assault, sexual abuse, firearm offences, arson or other offences.  The event must have taken place in Ontario.  You do not have to be a resident of Ontario or even a Canadian citizen.

A person may also be entitled to compensation if injured while attempting to arrest an offender or while trying to prevent an offense.

You may be eligible for compensation if:

a. You have been injured
b. You are responsible for the care of the victim
c. You are the dependant of a deceased victim
d. You sustain mental shock from someone else being injured

Generally, there is a two year time limit to submit a claim to the Criminal Injury Compensation Board however; they can extend the time limit if it is warranted.

To be entitled to compensation, an applicant must prove their case on the balance of probabilities.  It is not necessary that the perpetrator have been convicted of an offence or even for the perpetrator to have been found.  Hearings are held in Toronto, Newmarket, Hamilton and other cities.

It is useful to consult a lawyer if you think you have a claim.  It is the general practice of the Board to award a lawyer representing an applicant a modest legal fee on top of what is awarded to the applicant.

Raphael Barristers have handled many cases through the Criminal Injury Compensation Board. In some circumstances, we have also advanced a concurrent civil law suit against the perpetrator of the crime and/or the establishment where the incident took place. It is important to have the entire circumstances of the incident reviewed with competent counsel to see if there are other avenues of recovery available to the victim of crime.

Affordability should not be a concern for people that seek our help. Subject to certain exceptions, we will take on your case and agree to be paid only if we are successful in achieving a settlement or Judgment at trial. That means you would only be required to pay the lawyers fees if a settlement is achieved or Judgment is obtained at trial. If the case is not successful then you would not be charged any fees.  Call Jeffrey Raphael at 416-594-1812 or 1-877-217-1812 for a free consultation or visit us on the web at www.raphaelpersonalinjurylawyers.com.

MADD (Mothers Against Drunk Driving) has recently released a review ranking the Provinces and Territories legislation in efforts to reduce impaired driving.  Ontario and British Columbia seems to rank highest while Saskatchewan, New Brunswick and the Territories had room for improvement.

Ontario has a .08% BAC limit for drivers which many people are aware of.  There is also a 0% BAC limit for drivers under 22 years old.

Toronto personal injury and car accident lawyers may be interested in an iTunes app that may help prevent drunk driving accidents.  The app called R-U-Buzzed was launched by the Colorado Department of Transportation at the end of 2009.  By using inputs of weight, gender and amounts of alcohol consumed, the app will provide you with a blood alcohol reading.

It is important to note that the app uses several assumption in coming up with the blood alcohol reading and there is a disclaimer that tells you that the readings are not accurate enough to be considered legal evidence.  The readings are also based on Colorado law.

Alcohol consumption is a cause of many accidents in Toronto and Ontario every year.  We all know about drinking and driving. The ads on radio and television, the R.I.D.E. spot-checks on the road, posters at bars and restaurants – we know about it, we know it is the law and we know it is just common sense. The message is simple – Don’t drink and drive. We can argue the technicalities of blood-alcohol levels, and whether one drink will get you drunk, or what size drink is acceptable, but the bottom line is common sense – alcohol and driving don’t mix, in any quantity.  Don’t drink and drive.

Raphael Barristers are a group of personal injury lawyers that have been representing victims of car accidents, motorcycle accidents, bicycle accidents, snowmobile accidents, slip and fall accidents and other personal injury and insurance claims for over 50 years. We have offices in Toronto and Thornhill to service all of Ontario. Please contact Jeffrey Raphael at 416-594-1812 or 1-877-217-1812 for a free consultation

Even though a motorcycle and bicycle may appear to be more similar to each other than a car, motorcycles and cars are treated more similarly than bicycles when determining negligence in an accident.  At law, cyclists are treated like a pedestrian when determining negligence. There are several “rules of the road” that are useful in pursuing bicycle accident claims. The Highway Traffic Act states that when loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle. That essentially means that if you were hit by a motor vehicle it will be up to the driver of the vehicle to prove he or she was not negligent.  This is sometimes called a reverse onus.  With cars and motorcycles the normal rules of negligence apply, in that if you are looking to claim damages, it will be up to you to prove the other driver was negligent.

Recovery of benefits and damages are quite similar for all three.  If you have been injured in an accident with a motor vehicle then you may be entitled to Statutory Accident Benefits.  These benefits can be available even if the accident is entirely your own fault.  These benefits may include loss of income, medical expenses, rehabilitation expenses, personal care or housekeeping assistance.  If the accident is not your fault additional claims may be made for pain and suffering, loss of income and many other out of pocket expenses.

With the nicer weather here, there will be more bicycles and motorcycles on our roads.  Safety should always be a priority.  Proper safety gear should be worn at all times.  Take special care to make sure you are seen by the other drivers on the road.  Practice defensive driving and avoid driving at night.

The lawyers at Raphael Barristers have been practicing personal injury law for over 50 years. We have offices in Toronto and Thornhill to serve Toronto, Mississauga, Oakville, Markham, Oshawa, Richmond Hill, Brampton, Burlington, Milton, Whitby, Pickering, Etobicoke, Thornhill, North York, Scarborough, Owen Sound, Collingwood, New Market, Aurora, Barrie, Hamilton, St. Catharines, Niagara, Guelph, Kitchener, Waterloo and London, and to the Greater Toronto Area (GTA), the Golden Horseshoe and the rest of Ontario. Call Jeffrey Raphael for a free consultation at 416-594-1812 or 1-877-217-1812, or visit us at www.raphaelpersonalinjurylawyers.com.

Our personal injury lawyers represent clients with bicycle, car, motorcycle, truck, boat or snowmobile accident claims, accident insurance claims, insurance disputes, short or long term disability benefit disputes and accident benefits disputes, sexual assault or abuse victim claims as well as, victims of crime, through the Criminal Injury Compensation Board. Your initial consultation is always free. We normally work on a contingency fee basis, which mean that there will be no charge for fees until the case is settled or successfully won at trial.

If you have been injured while travelling on a TTC bus or other public bus in Ontario, you may be entitled to Statutory Accident Benefits.  This may cover things like loss of income, medical or rehabilitation expenses or the cost of personal assistance.  This would normally be available as long as the accident involved another motor vehicle and there was an actual collision.  In some circumstances, if there was not a collision, then you may not be entitled to Accident Benefits.  If you have your own policy of automobile insurance then you would fist look to them for benefits.  If you do not have your own policy and are not named under someone else’s policy (for example: parents, spouse or other) then you may apply to the TTC or other public carrier for benefits from them.

Claims for damages can also be made against the person who caused the accident, whether is was the bus driver’s fault or someone else’s.  Claims for Pain and Suffering (also called general damages) can be made as a result of a motor vehicle accident if you have sustained a permanent serious impairment or disfigurement.  Other damages may include loss of income, loss of earning capacity, future care needs or other out of pocket expenses.

There are certain rules that apply for claims that involve motor vehicles.  It should be noted that if you were injured on TTC property or another public transit company’s property due to their negligence different rules of compensation may apply.  For instance a slip and fall on a spill on the subway platform has different consequences and is handled differently at law than if a bus runs a red light and hits another vehicle.

There are several time limits that one should be aware of when involved in an accident.  A person who wants to apply for accident benefits must notify the insurer within 7 days from the date of the accident. For those people who are unable to apply for benefits within 7 days due to the severity of their injuries, the application must be made as soon thereafter as it can reasonably be done. The insurer will then send to the insured the appropriate application forms. Within 30 days of receipt of the forms, a completed application for benefits should be submitted by the injured person to the insurer. Failure to comply with these time limits may not disentitle a person to benefits if there is a reasonable excuse.

Under the Insurance Act, an action for loss or damage from bodily injury or death arising from the use or operation of an automobile shall not be commenced unless the Plaintiff has served written notice of the intention to commence the action on the Defendant within 120 days after the incident.

Under the Limitation Act, a proceeding or law suit shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered (usually the day of the accident).

The lawyers at Raphael Barristers have been practicing personal injury law for over 50 years. We have handled many claims against the TTC and other public transportation entities.  We have offices in Toronto and Thornhill to serve all of Ontario. Call Jeffrey Raphael for a free consultation at 416-594-1812 or 1-877-217-1812, or visit us at www.raphaelpersonalinjurylawyers.com. Our personal injury lawyers represent clients with bus, bicycle, car, motorcycle, truck, boat or snowmobile accident claims, accident insurance claims, insurance disputes, short or long term disability benefit disputes and accident benefits disputes, sexual assault or abuse victim claims as well as, victims of crime, through the Criminal Injury Compensation Board. Your initial consultation is always free. We normally work on a contingency fee basis, which mean that there will be no charge for fees until the case is settled or successfully won at trial

How is fault for an accident between a motor vehicle determined?  There are several “rules of the road” that are useful in pursuing bicycle accident claims. The Highway Traffic Act states that when loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle. That essentially means that if you were hit by a motor vehicle it will be up to the driver of the vehicle to prove he or she was not negligent.

What if the accident was entirely my own fault?  When the use or operation of an automobile directly causes and impairment you could be entitled to significant accident benefits from your own insurer or the insurer of the automobile involved regardless of fault.  This could include income replacement benefits, attendant care benefits and medical and rehabilitation benefits.

What if the vehicle hit me and took off and I don’t have any of my own insurance?  The Motor Vehicle Accident Claims Fund (MVACF) provides compensation to people injured in automobile accidents when no automobile insurance exists to respond to the claim.  This could cover you for accident benefits and even pay the damages that the vehicle that hit you should have paid you in a law suit.

What if I was hit by someone opening their door?  The Courts have held that getting in and out of a vehicle is considered the use and operation of a vehicle and as such you should be entitled to accident benefits and may be able to make a claim against the person who opened the door.  The Highway Traffic Act states that no person shall open the door of a motor vehicle on a highway without first taking due precautions to ensure that his or her act will not interfere with the movement of or endanger any other person or vehicle; or leave a door of a motor vehicle on a highway open on the side of the vehicle available to moving traffic for a period of time longer than is necessary to load or unload passengers.

With the nicer weather here there will be more bicycles on our roads.  Safety should always be a priority.  Proper safety gear should be worn at all times.  Take special care to make sure you are seen by the other drivers on the road.  Practice defensive driving and avoid driving at night.

The lawyers at Raphael Barristers have been practicing personal injury law for over 50 years. We have offices in Toronto and Thornhill to serve all of Ontario. Call Jeffrey Raphael for a free consultation at 416-594-1812 or 1-877-217-1812, or visit us at www.raphaelpersonalinjurylawyers.com. Our personal injury lawyers represent clients with bicycle, car, motorcycle, truck, boat or snowmobile accident claims, accident insurance claims, insurance disputes, short or long term disability benefit disputes and accident benefits disputes, sexual assault or abuse victim claims as well as, victims of crime, through the Criminal Injury Compensation Board. Your initial consultation is always free. We normally work on a contingency fee basis, which mean that there will be no charge for fees until the case is settled or successfully won at trial.

Rates of disability in Canada are significant.  Some studies have shown that as many as one in seven Canadians had a disability.

If you have purchased a disability plan or work for a company that includes a disability plan in their benefits package then you have made a responsible and intelligent decision. These plans are your protection against unforeseen injury, accident and illness. However, many insured individuals are surprised by how difficult it can be to apply and collect benefits. Insurance companies are in business to make a profit. It can make business sense for them to delay or deny claims.

How long should I be waiting to receive my benefits?  Usually, if you have a short term disability plan often you would be able to access benefits right away or after a short waiting period.  If you only have long term disability benefits often there will be a “qualifying or elimination” period of several months.  The specifics of the waiting period should be set out in the policy of insurance.  In Ontario, employers are generally not required to pay sick leave.  During a waiting period, consideration should be given to apply for sickness benefits from the government.  Generally, you can get up to 15 weeks of government sick benefits.

How much should I be getting?  This varies from policy to policy.  Many policies range from 50-85% of net or gross salary and some have a capped maximum depending on your income.  Some may pay 100%.  The specific amount will be stated in your policy.

Do I have to apply for Canada Pension Plan CPP disability benefits too?  Many policies require an insured to apply for CPP benefits and they often will get credit for amounts received from CPP.  This provision should be set out in the policy.

To be eligible for a CPP disability pension, a person must satisfy two basic requirements.  You must have made valid contributions to the Canada Pension Plan for a minimum qualifying period and you must have a disability (physical or mental) that is “severe” and “prolonged” as defined by the Canada Pension Plan.

For the disability to be considered “severe”, it should render the person incapable of regularly pursuing any substantially gainful occupation.  For the disability to be considered “prolonged”, it must be continuous for a long time or indefinite duration or likely to result in death.

If you are facing a CPP appeal, it is important to know that the onus of proving your case is yours.  You must prove on the balance of probabilities that you have a disability that is severe and prolonged.

Raphael Barristers Personal Injury Lawyers have been helping personal injury victims for over 50 years in Toronto, Thornhill and the rest of Southern Ontario. It is understood that at time when you are unable to work or injured, it may be difficult to afford the services of a lawyer. As such, affordability should not be a concern for people that seek our help. Subject to certain exceptions, we will take on your case and agree to be paid only if we are successful in achieving a settlement or Judgment at trial. That means you would only be required to pay the lawyers fees if a settlement is achieved or Judgment is obtained at trial. If the case is not successful then you would not be charged any fees. Please call Jeffrey Raphael at 416-594-1812 or 1-877-217-1812 for a free consultation or visit:
www.raphaelpersonalinjurylawyers.com

So last night I went with my daughters and wife to see the Hunger Games movie premier just after midnight.  There I was, with many teen agers and a few other parents taking in the movie in IMAX.  I must say I had no trouble staying awake for the movie.  While I had some concerns about a movie that shows teens fighting to the death, overall it was entertaining.  I have not read any of the books yet, but may pick up my daughter’s copy of Catching Fire as I am interested to see what happens next.

So what does this have to do with a Personal Injury Lawyer?  Well, really, not much.  I thought my kids may be impressed if a blogged about the movie.  I already scored some cool dad points by getting the tickets for them and letting them stay up past 2 a.m. on a school night.  I would only say that I saw a lot of make shift bow and arrows with people dressing up like Katniss Everdeen and they seem a little dangerous.  Also, if you are tired from staying up late to catch the movie, be careful driving or operating machinery.

Jeffrey Raphael is a personal injury lawyer with the firm of Raphael Barristers.  The firm has been practicing personal injury law for over 50 years helping victims of car accidents, motorcycle accidents, bicycle accidents, slip and falls and victims of crime.  We have offices in Toronto and Thornhill to service all of Ontario.  Please call us for a free consultation at 416-594-1812 or visit us on the web at www.raphaelpersonalinjurylawyer.com