While most victims of sexual assault are aware that the perpetrator can be charged criminally for their actions, many are unaware that they can sue civilly to be compensated for their losses.  In a civil action a claim can be made for pain and suffering, loss of income or loss of earning capacity and for the cost of treatment or other medical and rehabilitation necessary as a result of the assault.  In order to pursue the perpetrator of a sexual assault there does not have to be a criminal conviction.  While a criminal conviction is strong evidence that can be used in a civil action, it is not necessary.  The civil test to prove your case is on the balance of probabilities (over 50%).

In pursuing cases for assault, one must be aware of who will be paying the damages.  Sometimes the perpetrator does not have any assets or income.  Often, cases are settled by the perpetrator’s employer making a payment.  Vicarious liability is a legal term that holds an employer responsible for the actions of their employee in certain circumstances.  For example, if you are assaulted by a Priest or a Government employee then the Church or Government agency may be responsible for the damages.  Often, there can be insurance coverage for these types of claims.

Another avenue of recovery may be the Criminal Injury Compensation Board.  The Criminal Injuries Compensation Board is an independent agency of the Ministry of the Attorney General.  It is established under the Compensation for Victims of Crime Act.  The Board’s role is to award financial compensation to victims of violent crimes committed in the Province of Ontario.  You do not have to be a resident of Ontario or a Canadian citizen.  If the crime occurred to you while in Ontario, then you may qualify.  Similar to civil claims, there does not have to have been a criminal conviction against the perpetrator in order for you to be awarded compensation.

Raphael Barristers lawyers have been helping sexual assault victims and personal injury victims for over 50 years in Toronto and Southern Ontario. 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.

Because we’re never prepared for a fall, it’s one of the most helpless feelings that we have, the sensation of falling and knowing that there’s nothing you can do to stop it.  Personal injuries occur frequently from tripping, slipping and falling.  In fact, slip and fall incidents are only second in personal injury to motor vehicle accidents.

A slip and fall injury can occur anywhere, on any surface and to anyone.  Injuries from a slip and fall can range from minor injuries such as a muscle sprain or strain to something of a catastrophic nature such as complex orthopaedic injuries, spinal cord or brain injuries.  Medical costs associated with many of these types of injuries can be drastic, and may not be covered through provincial medical plans.  As such, it is important that slip and fall cases be dealt with, with the assistance of an experienced and competent personal injury lawyer.

The cases need an aggressive and thorough approach to gathering evidence to prove negligence.  The sooner the case can be investigated, the better the odds of collecting pertinent information and evidence before it fades from people’s memories or the physical evidence is altered and no longer exists (ie.  a fall on a broken step – if the step is repaired or changed before the evidence is gathered, it would cause difficulty in proving negligence).  If there is need to file a lawsuit, there are strict time limits which need to be adhered to otherwise you may forfeit your right to sue.

If you sustain a slip and fall and are injured, you need a personal injury lawyer to assist you in proving negligence and fighting for your rights for compensation from the property’s owner and their insurer.

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 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

Are there special traits you should be looking for in a lawyer to represent you if you have had a car accident, motorcycle accident, bicycle accident or slip and fall?  The answer is yes.

Experience is one factor to consider.  A lawyer can have experience in handling similar cases or experience taking cases to trial or arbitration.  A good personal injury lawyer should have both.

Sometimes personal injury cases can take time to reach a resolution.  There can be many reasons for this.  Often, the long term consequences of an injury can not be know for many months or years.  It is difficult to settle a case or bring a case to trial if the prognosis for the injury and long term care and needs is not known.  Delays can also be a result of Court scheduling or lawyer tactics.  If you have been injured and unable to work, then delaying compensation can be a problem.  In those circumstances, it is important to aggressively pursue all available disability benefits or an advance payment.  To avoid delays, it is important to retain a lawyer as soon as possible.  The sooner the lawyer can start the process, the sooner it can be finished.  Other than seeking proper medical care, the next most important thing you should deal with is hiring a personal injury lawyer.

Investigation into the cause of the accident is very important and should be done at an early stage.  Many accidents are the result of inattentive driving, speeding, manufacturer defect or simple negligence.  Witnesses memories get worse over time and physical evidence can be lost even after only a few days.  A good lawyer will assist in starting the investigation into the cause and fault for your accident right away.

Finding proper compensation is not always straight forward.  Insurance policies can have many restrictions on coverage and do not always respond to every claim.  There can be sources of compensation outside insurance companies.  Government agencies, City or Provincial entities or other private companies may be directly responsible for damages.  An experienced and aggressive personal injury lawyer will be able to advise you where to look for fair compensation.

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 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

If you have been bitten by a dog, a personal injury lawyer can help you get compensated for your injuries and losses. Legislation in Ontario makes an owner of a dog liable for damages resulting from a bite or attack by the dog on another person or domestic animal.  Section 2 of the Dog Owners’ Liability Act states that “the owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal”.  So even if your own pet is attacked and injured by another dog, the law makes the other dog owner responsible.  Veterinary bills can be expensive, especially when you are taking time off work for the appointments.

Many people believe that it is necessary for a dog to have attacked or bitten before to make an owner responsible.  The Dog Owners’ Liability Act, specifically says that the liability of the owner does not depend upon knowledge of the propensity or fault or negligence on the part of the owner. The law does, however, allow your own conduct to be taken into account in apportioning your damages.  For example, if it is found that you were negligent or provoked the attack your damages may be reduced. It is important to report the attack promptly, so that police or animal control will investigate quickly and obtain information to support your claim, such as witness names and statements, as well as the particulars of who owns the dog.

A personal injury lawyer can help you with your claim for compensation under the Ontario law, including gathering any records from the police (or animal control authorities), gathering medical records and dealing with insurance companies.  It is important to note that if the dog owner has a homeowner’s or tenant’s insurance policy, there will likely be insurance coverage for the claim, so that the dog owner would not be paying anything personally.

Raphael Barristers have been helping victims of dog bites, car accidents, motorcycle accidents, bicycle accidents and other personal injury accidents for over 50 years. We have offices in Toronto and Thornhill. Please contact 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.

The best advice I can give to avoid a car accident when there is snow and ice outside is not to drive at all if you don’t have to.  If you must drive, then wait for the snow ploughs and salting trucks to finish there job and then go.  Also, consider public transportation like a TTC bus or taking the subway for all or part of your journey.

If you are a new driver or new to Canadian winters, you should have some practice before heading out on major streets or the highway.  Try practicing in a parking lot or a side street so you can get the hang of things.

Some safety tips include:

1.    Use snow tires.  They do make a difference even compared to all season radials.  Some insurance companies give a rate discount if you use snow tires, so they could pay for themselves.
2.    Make sure you will have good visibility at all times.  That means completely clearing the snow off the entire vehicle.  Check your windshield fluid.
3.    When driving, take your time.  Do not try to pass vehicles especially snow ploughs or salters.  These vehicles have poor visibility and chances are that the road conditions ahead of them will be poor.
4.    Apply your brakes gently.  If you do not have anti-lock brake and feel a skid, try pumping the brakes.
5.    Check your lights and make sure they are on while driving.  You want be seen.
6.    Have a safety pack in your car.  This could include a blanket, food, candle and flashlight.
7.    Take a cell phone with you, with a fully charged battery.

It seems many cars and trucks have technology improvements like four wheel drive or electronic stability control.  Don’t let these things give you a false sense of security.  You still have to take appropriate precautions.

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 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.

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:

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.

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.

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.

Slip and fall accident can also be a cause for head injury.  Take care when walking, especially during the winter months when we are dealing with snow and ice.  Consider proper footwear for the circumstances.

If you have sustained a concussion or head trauma, don’t take symptoms lightly.  There has been a lot of media attention recently about hockey injuries and care.  Sometimes what seems to be a minor injury can be more serious, particularly when there have been several minor concussions.  If you have any symptoms such as dizziness, blurred vision, headaches or feel light headed, proper medical attention should be sought right away.

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.

Raphael Barristers have been helping brain injury and accident victims for over 50 years.  Call us for a free consultation at 416-594-1812 or 1-877-217-1812.

Regardless of faith, ethnic background, age, economic status…we all find ourselves in the midst of a holiday season as the year comes to a close. Office parties, family get-togethers, weekend mini-vacations and just getting together with friends – all represent a time of celebration.

Most of these celebrations involve some alcohol consumption. Many of them also involve travel, even just a short drive from the office to a restaurant, or a visit to an aunt or uncle a few kilometers away.

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.

So we have designated drivers. We take taxis. We turn over our keys to a party’s host. Most of us claim that we are careful and use common sense. But year after year, personal injury lawyers in Ontario continue to open files for people hurt by impaired drivers, or for families of those killed by impaired drivers.

People don’t want to hear lawyers give them speeches about right and wrong – they see lawyers to do a job for them, to help them when they are hurt, to help them get compensation when they are unable to work and to protect them when they are being sued or even charged criminally. So when you go to a personal injury lawyer after being involved in an accident where alcohol is involved, most lawyers won’t give you the speeches. They will listen to what you have to say, ask you questions about what has happened and then they will tell you what they feel your legal position is, and how they can help you.

Impaired drivers who are charged with a criminal offence will go to a criminal lawyer for assistance. Some of these same drivers are injured in an accident, and will still need the assistance of a personal injury lawyer. The no-fault benefits scheme in Ontario, of statutory accident benefits, is still there to assist drivers injured in accidents, even when there is some degree of fault or blame on the driver because of alcohol. A personal injury lawyer will be able to tell that driver about their rights for compensation, such as medical treatment and rehabilitation, and also to help them deal with their own insurance company if coverage issues arise.

For innocent victims of drunk drivers, they may face special challenges too. What happens in cases where an impaired driver’s own insurance company won’t fully stand behind them if they are sued by an innocent victim? To what degree does a victim need to co-operate with law enforcement as the impaired driver is being prosecuted? Should a victim attend as a witness in a criminal trial – what are their obligations? These are all questions that a personal injury lawyer can answer, as they help a victim pursue fair compensation.

This a time of year when people celebrate – unfortunately tragedy sometimes strikes and celebration turns to suffering. Celebrate and enjoy the season, but use common sense, follow the law and show respect for everyone else out on the roads. A personal injury lawyer can help an injured victim try to put back the pieces of their life after an accident, but it is the drivers on the roads who can take steps to prevent accidents in the first place.

Drinking and driving never mix. That is within your own control. When someone else mixes the two, however, and an accident and injury result, a personal injury lawyer will help you deal with any special challenges and will assist you in pursuing compensation for your losses.

Raphael Barristers have been helping victims of car, bicycle, motorcycle and snowmobile accidents and other personal injury accidents 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. Or visit our web site at www.raphaelpersonalinjurylawyers.com

While the December holidays can be a time for family, food and fun it can also be a time for accident and injury.  To keep your family safe over the holidays here are a few things to consider:

Drinking and driving is still a major cause of accidents in Toronto and the rest of Ontario.  If you are hosting an event, over serving of a guest may be your responsibility.  If you think you will be drinking, plan ahead for a designated driver or take a cab or public transportation.

Do a safety check around your home.  If you will be having people over to your home, you should do a check of the sidewalks, driveway and entire home.  Be aware of any slip and fall hazards or tripping hazards.  Make note that your home may be much more crowded than usual.  Take special care for elderly guests.

Take extra care with fire.  During our cold winter the fireplace can be a nice place to gather and keep warm.  It should not be left unattended until is has gone out.  Candles can be a hazard as well.  Care should be taken that candles are secured so they can’t be knocked over by people, children or pets.  Candles should not be left unattended as well.  Blow them out if you are leaving the room.  Keep and eye on the oven and stove.

Keep pets safe.  Extra people in the house can be hard for pets.  Lighting cords and candles can be dangerous around pets.  Dog bite cases are the responsibility of the owner.

Practice safe food techniques.  Follow cooking instruction for meat or poultry.  Keep your kitchen clean.  The fridge seems to get crowded over the holidays.  Be careful about leaving food unrefrigerated too long.  Ask about any allergies that guests may have.

The lawyers at Raphael Barrister wish to wish everyone a happy and healthy holiday season and New Year.  Raphael Barristers have been practicing personal injury law for over 50 years. Our lawyers provide legal service to the residents of 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

When people are involved in an accident they often have several avenues to replace the income they were earning before the accident.  If you have your own personal disability policy or have coverage through work, then that would probably be the starting point.  Coverage under these policies vary from policy to policy, so you should carefully review the complete policy with a lawyer to make sure you know what is available and understand all the provisions of the policy including time limit provisions.

Often disability policies have a waiting period before benefits are paid.  Then, to qualify, you must meet the definition of disability under the policy.  The most common definition calls for payment of benefits if the person is found to be disabled from their normal occupation for the first 24 months and then only continue to be paid after 24 months if the person is found to be disabled from “any occupation”.

Income replacement benefits are paid under a standard contract of automobile insurance if you have been injured in a motor vehicle accident.  An insured person who sustains an impairment as a result of an accident may be entitled to a weekly income replacement benefit if, at the time of the accident, he or she was employed, he or she was not employed but was employed for at least 26 weeks during the 52 weeks before the accident and as a result of and within 2 years of the accident, he or she suffers a substantial inability to perform the essential tasks of the employment.

A weekly income replacement benefit may be payable during the period the insured person suffers a substantial inability to perform the essential tasks of the employment. No benefit is payable during the first week of the disability.

The amount of the weekly income replacement benefit paid for the first 104 weeks of disability is 70% of the injured person’s gross weekly income from employment. After the first 104 weeks of disability, the weekly income replacement benefit is only payable if the insured person suffers a complete inability to engage in any employment for which he or she is reasonably suited by education, training or experience. The amount payable to an injured person for weekly income replacement benefits shall not exceed $400.00 per week unless optional benefits have been purchased.

CPP disability benefits are available from the Federal Government.  To be eligible for a CPP disability benefit, 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.

There are certain priority rules and set-off provisions between long and short term disability benefits, income replacement benefits and CPP disability benefits.  Each set of circumstances are different so it is important to have your situation reviewed with a lawyer who specializes in these types of cases.

Raphael Barristers have been helping clients collect long and short term disability benefits, income replacement benefits and CPP disability benefits for over 50 years.  We have offices in Toronto and Thornhill to service all of southern Ontario.  Raphael Barristers realizes that at a time when you are unable to work due to injury or illness your financial resources will be compromised. That is why in almost all cases we will work on a contingency fee basis, which means you do not have to pay any money until your case is settled or successfully won at trial.  Call Jeffrey Raphael for a free consultation at 416-594-1812 or 1-877-217-1812 or visit us at www.raphaelpersonalinjurylawyers.com.

The arrival of winter in Ontario means different things to different people. For some, it is a time for family to get together over the holidays. For others, it is a chance to enjoy winter sports like skating and skiing.

For others, it means several months of walking on thin ice. Literally. The combination of snow, cold temperatures and melting and freezing, all work together to make walking treacherous at times.

This is Ontario. Winter is a fact of life. So is snow and ice. But not all snow and ice on the roadways and sidewalks should be there. The law imposes duties on property owners to maintain their own property (this includes homes and businesses), and the law requires that municipalities keep their sidewalks and roadways in a “state of repair that is reasonable in the circumstances”. The law doesn’t impose a standard of perfection on anybody, and practically speaking, with winter conditions in Ontario, it would be impossible to expect perfectly clean and dry sidewalks all of the time.

But some conditions must be addressed, and the key word is “reasonable”. If it snows on a Monday, for example, and there is a thaw on Tuesday morning and freezing later that night, what happens if by the end of the week nobody has put down any salt or sand on the sidewalk? Or nobody has shoveled any of the snow on the sidewalk? The law requires that the circumstances that create sidewalk and road conditions be examined, and the steps taken to maintain these areas must be reasonable. Not perfect, but reasonable.

If you slip and fall on the snow or ice, and suffer personal injury, you may be able to pursue compensation for your injuries. Just as with any other type of personal injury claim, it is necessary to show that the person, company or the municipality responsible for the property was negligent. In the case of a municipal sidewalk, there is an even stricter test, and it is necessary to show that there was what is called “gross negligence”. A personal injury lawyer can review what has happened to you and help you take the appropriate steps.

There are some very important things to remember if you have had a slip and fall on snow or ice. First, there are extremely short time periods in which you have to notify a municipality if you slip and fall on city property, like a sidewalk. You must give notice, in writing, within 10 days of the injury, to the municipality. Failure to do this can mean you have no right to claim compensation. Consulting a personal injury lawyer as soon after the accident as possible will help ensure that proper notice is given within that time period.

Additionally, in this day of cellphone cameras, taking pictures of the conditions of the property is both easy and a smart move. Obviously if you are injured, that may not be the first thing on your mind, and it may not be possible for you to do this. But wherever possible, you, or perhaps a friend or family member coming to your assistance, should try to take pictures to document the hazardous conditions. This will help a lawyer assess the strength of your case, and may help your lawyer convince the property owner or municipality that they were at fault for your accident.

Keep the shoes you were wearing at the time of your fall – these will be considered evidence in a lawsuit. Keep all receipts for expenses, such as taxi cabs to and from a hospital or doctor, parking receipts for medical appointments, the cost of crutches, perhaps, if you require them – all of these will be expenses that can be pursued in a lawsuit.

Not every slip and fall means that you will be able to successfully sue for your damages. Again, the key word is “reasonable” and if the property owner or municipality has taken reasonable steps to maintain their property, it may be difficult to establish responsibility against them. A personal injury lawyer will be able to review all the circumstances and help determine if you have a strong case.

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 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.