Even a seemingly minor insult to the head can result in a potentially catastrophic and life altering brain injury.

Our brains float inside our skull in cerebrospinal fluid. This protects the brain from minor injuries. If a person encounters a significant force that causes the brain to “bounce” off the bones of the skull then there is risk of injury.  Common causes are car accidents, bicycle accidents, slip and falls or contact sports.  There does not always have to be direct contact with the head to cause problems.  Severe shaking of the head can cause damage.  A loss of consciousness usually means a concussion has taken place, however concussions can occur without it.

To help prevent a concussion, proper protection is important.  Properly fitted helmets are necessary when cycling, motorcycling or playing sports.  Always wear your seatbelt when in a motor vehicle and make sure the head rest is properly adjusted to your height.

Most concussions often resolve uneventfully, however even mild concussions have potential for serious symptoms and problems.  Proper assessment is important.  Get to know the signs and symptoms.  All injuries should be treated carefully and with appropriate medical care.

It is important to consult with competent professionals that are educated and experienced in the physiology, sequelae, and rehabilitation practices of a traumatic brain injury.

A good personal injury lawyer will ensure that a victim of a trauma related brain injury will receive the best possible medical and rehabilitation care available.  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.

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 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

Over this past weekend we “lost an hour” when we put our clock ahead one hour.  It seems like day light saving time has been around for ever, but it actually is a relatively recent phenomenon.  It gained wide spread use during World War II to help save on electricity and oil for the war efforts.  We wonder what effects it has on us now a days.

Stanley Coren of the University of British Columbia studied traffic accidents in 1991 and 1992.  The study found that when clocks were moved ahead in the spring (“spring forward”) there was an eight percent rise in traffic accidents on the Monday after the clocks were changed.  He also found that when clocks were moved back in the fall (“fall back”) there was an eight percent reduction in traffic accidents.  One may think that the amount of daylight in a given day would be a large factor in the amount of car accidents however; it appears that changes in the amount of sleep that a person gets can have a major consequence on people’s activities of daily life.

The good news is that we will get the hour back in the fall (“spring forward and fall back”).

Driving can be a dangerous activity, not any different than using any dangerous machinery.  Get to know your own body and take a minute to gather yourself and assess your circumstances before getting into you car or truck, or getting onto your motorcycle.  It makes sense to assume that if you are sleep deprived, your reaction time will be slower.  A time change can mean the sun will be at a different angle during your drive, so you may need sunglasses.

Studies have shown that when clocks are moved forward the average person gets about 40 minutes less sleep.  The studies have shown not only an increase in car, truck, motorcycle and bicycle accidents but in increase in heart attacks and workplace accidents.

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.

Motorcycles will be taking to the road more frequently in the coming months with the warmer weather almost here.  All people using the roadways should take extra care.  Often other drivers on the road simply don’t see motorcycles or drive in a way that subjects motorcyclist to harm. Motorcyclists driving properly and wearing safety gear are still at a disadvantage when involved in an accident with other motor vehicles. Injuries often include traumatic brain injury, spinal cord or serious orthopaedic injuries and amputation of limbs.
If you are driving a motorcycle it is important to drive defensively.  Try to leave yourself an out in case of an emergency situation.  Assume that other drivers do not see you.
Most motorcycle accidents happen when a vehicle turns into the path of a motorcycle.  Make sure you check carefully and that the motorcycle is a safe distance back before making your turn.  Motorcycles are smaller than most vehicles on the road and harder to see.
Drivers of large vehicle should not think of a motorcycle as another vehicle. Think of it as a person.  Motorcyclists can often be worse off than a pedestrian because of the additional speed that the motorcycle travels at.
Immediately after an accident it is important to investigate and gather information to establish who is at fault for the accident. Raphael Barristers has access to accident reconstruction professionals who not only deal with motorcycle accidents on a regular basis, but who are motorcyclists as well.
In circumstances where the accident is found to be your own fault, you would still be entitled to significant accident benefits for income loss, medical treatment and rehabilitation care.
If you are involved in a motorcycle accident, it is recommended that you consult with a personal injury lawyer as soon as possible.  It is important to gather as much evidence about how the accident happened before it is lost.  There are statutes of limitations that can bar potential law suits if action is not taken in time.
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.

What happens after a motor vehicle accident? Everyday people are seriously injured in motor vehicle accidents in our city and often are unaware of what to do. For such a common type of personal injury, there are not many means to facilitate the answer to that question. If you have been injured in a car, bicycle, pedestrian or motorcycle accident, you need an experienced lawyer to help you answer these questions and help you down the road to recovery and fair compensation.

It can be a very confusing and stressful time after a motor vehicle accident.  Here is some important information for you to consider on your way recovery:

First, be sure to exchange all pertinent information between drivers. This includes, full names, driver’s license numbers, insurance information, policy numbers, license plates and make, model and year of the vehicle involved in the accident. Be sure to get any witness information such as other passengers or bystanders, this may be necessary later on in your case. Also, they say pictures speak a thousand words. Try to take some pictures of the damage to both vehicles. Now a day, almost everyone has a camera on their cell phone.  If there are any injured parties, be sure to call 911. Ask the police to make a report and obtain a copy of the report or incident number.

After the accident, it is very important to keep records of all information obtained at the scene of the accident and also any medical information if you or your passengers were taken to the hospital. If there are visible injuries, such as bruising or bleeding, take pictures. Obtain copies of x-rays, medication; prescription or over the counter and any other medical documentation concerning your injuries.

If you are insured, you must call your insurance company to open a claim. Speak to the claims department and give them the information of the accident and any injuries that were involved.

Be sure to visit your family doctor shortly after the accident. For injuries that don’t seem serious at the beginning, may turn into something more painful or serious later on. You want to make sure your family doctor is taking necessary precautions. Keep a record of all visits to your family doctor. If your family doctor has referred you to physiotherapy, begin attending as soon as possible.

It is also very important to keep track of any missed days from your employment and doctors notes regarding returning to work. If you are unable to attend your scheduled shifts, your employer should be put on notice regarding the accident.

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

A car accident can happen at any time and often people are not driving their own car when it happens.  Driving a car that you are not familiar with can lead to an accident.

There are several common scenarios that occur in Ontario.  First, a person may be an Ontario resident who owns a car, but is using a rental car as a temporary substitute vehicle.  This occurs when the person’s own car is out of service because of breakdown, repair or servicing.  In those cases the owner of the car or the car rental company may offer coverage, however the insurance on the car you have replaced with the rental car may provide coverage for liability, accident benefits, uninsured automobile and direct compensation or property damage.

Another scenario is a person who comes from out of town, does not own their own car or have insurance and has an accident.  In that scenario, the rental car company’s insurer should make available accident benefits and other coverage.  It is important to note that a car rental agreement is a contract and if you are agreeing to certain things in the contract, you may be giving up some of your rights.

Always take special care when you rent a vehicle.  You should take some time before you start driving to get familiar with the vehicle.  Know where all the switches are for lights or windshield wipers.  If something makes your windshield hard to see through while driving on the highway, you may not have time to figure out how to turn on the wipers or the defrost.

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

If you have been injured by the commission of a crime of violence in Ontario then you may be entitled to compensation from the Criminal Injury Compensation Board.  You do not have to be a Canadian Citizen or a resident of Canada or Ontario.  As long as the crime was committed in Ontario, you can qualify.

Many victims of sexual assault are aware that the perpetrator can be charged criminally for their actions; however, many are not aware that they can claim compensation from the Criminal Injury Compensation Board or sue the perpetrator personally.

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 and/or the employer of the perpetrator.   Establishing negligence or fault with the establishment where the incident took place or the employer is important because often the perpetrator of the crime does not have the financial means to pay damages.  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.

Compensation from the Criminal Injury Compensation Board can include a payment for pain and suffering, loss of income or medical bills.  The Board will also routinely award an amount to help pay for a lawyer to assist you.  Similar claims can be advance in a civil law suit; however, the civil damage awards are generally significantly higher than the awards from the Criminal Injury Compensation board.

Raphael Barristers lawyers have been helping victims of crime 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

Many standard yellow school buses in Toronto and the rest of Ontario are not equipped with seat belts. Experts say that the design of the modern school bus makes seat belts unnecessary. The seats on school buses are higher and buses are significantly heavier than most standard vehicles. This is said to protect its passengers. It seems that there are more serious accidents involving children driving in cars or walking to school than on buses.
Notwithstanding the safety claims made about buses, many believe that more should be done. The problem schools and bus companies have are twofold. First, is the expense of purchasing and installing seatbelts on existing buses. Second, is the fact that adding seatbelts will likely take away seating room. One can envision the same issues facing the TTC or other public transportation. I cannot see the TTC going to the expense of putting seatbelts in there buses or street cars. School buses predominately carry our children. Is it unreasonable to afford them extra care even if it is at an extra cost? Many working parents or parents that don’t own cars don’t really have an alternative than to bus their children to school.
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.

Anyone who has been injured in an accident (including car, truck, motorcycle, bicycle, bus or snowmobile) or a slip and fall, or victims of a sexual assault or other criminal act should consider consulting with a lawyer for advice.

At a stressful time in your life a lawyer can advise you as to what compensation or benefits you may be entitled to and help you gain access to them as soon as possible.

Recently we were retained by a lady who was injured while crossing the street as a pedestrian.  She was hit by a car that left the scene.  There were no witnesses and the injured client was unable to get the license plate of the car.  The client did not have any insurance of her own and assumed that there was nothing she could do.  Fortunately, after consulting with our firm, we were able to assist her in making a claim to the motor vehicle accident claims fund.  This is a government fund that provides benefits to those injured by uninsured or unidentified vehicles.  Benefits that are available included income replacement, medical and rehabilitation benefits.

Some say timing is everything.  There are certain time limits to pursuing an action for damages.  For instance the Limitations Act says that certain claims must be brought within two years of the incident.  The Municipality Act says that no action shall be brought for the recovery of damages unless, within 10 days after the occurrence of the injury, written notice of the claim and of the injury complained of has been served upon or sent by registered mail to the clerk of the Municipality.  The best advice is to consult a lawyer as soon as possible.  Even if some time limits have past, a lawyer may know of a “loophole” or other ways around the limitation.  For instance the Limitations Act has various sections that uniquely apply to claims of sexual assault.

Raphael Barristers are a group of personal injury lawyers that have been representing victims of car accidents, motorcycle accidents, bicycle accidents, snowmobile accidents and other personal injury and insurance claims for over 50 years. We represent victims of sexual assault or sexual abuse as well as other crimes.  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.

It may seem odd for a personal injury lawyer to talk about estate planning, but the issue comes up more often than one would imagine, for one very simple reason - nobody can predict when they may be involved in an accident, and after it happens, it is often too late to go back and make necessary arrangements.

Arrangements? That sounds to most people like planning a funeral, so they avoid estate planning. An estate also includes making arrangements for yourself while you are alive, but possibly unable to look after your own affairs, both financial and in terms of making life decisions.

An example. You are involved in a serious motor vehicle accident and as a result of head injuries, you suffer from an inability to manage your own day to day activities necessary for your welfare. Banking, including paying bills to keep a roof over your head and food on the table. Medical, such as making choices about treatment and care options available to you. Who looks after those decisions for you when you can’t do it for yourself? Most people are fortunate to have family, or perhaps very close and trusted friends who will assume the role of looking after a severely compromised person. But what gives those people the authority to step in and access a bank account, for example, or to tell a doctor that they should go forward with a proposed surgery?

That is where estate planning comes in, and a personal injury lawyer often has to become involved in estate issues. The best way to plan for this possibility in your life is to ensure that you have a valid Power of Attorney. These are documents signed by you when you are still mentally and/or physically capable, that give someone else the power to make decisions and act on your behalf. It is a simple step to take, and yet it is surprising how many people do not have a Power of Attorney.

Without a Power of Attorney, a personal injury lawyer will often have to go through lengthy and complicated steps to have the Court appoint a Guardian under the Substitute Decisions Act. This simply adds time to legal proceedings, along with additional costs and complications.

A personal injury lawyer can often assist in having you make out a Power of Attorney, or when it is appropriate, they will refer you to a specialist in estate planning for that purpose. Either way, your personal injury lawyer can go over your needs and ensure that you are protected.

The same applies to making a Last Will and Testament. The tragic reality is that people may be involved in an accident and then die, leaving behind claims for surviving family members to advance in litigation. Dying without having a Will means that your family, through their personal injury lawyer, may be required to bring additional legal proceedings to have an Administrator appointed for your estate. This usually delays litigation and adds additional costs. By simply having a Will, many of these additional costs can be avoided, making the process easier for the surviving family.

Once again, in many cases your personal injury lawyer can assist you in making a Last Will and Testament, or where it is appropriate, refer you to a specialist in that area.

It is never easy or pleasant to think about future tragedy, but accidents and injuries, as well as death, can happen whether you think about them or not. By taking a few simple steps when you are able, you can ensure that your family is spared the added stresses of uncertainty, either in caring for your needs if you are rendered incapable of looking after yourself in an accident, or carrying on with litigation should you be severely injured or if you die.

Estate planning and discussions about it with your personal injury lawyer should be seen as a way of protecting yourself and your family.

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

Unfortunately, driving during winter conditions can lead to car accidents. One treacherous winter condition to be aware of is black ice. Black ice is actually transparent and not black. It is called black ice because when it is found on roadways you can often see through to the black asphalt so it appears to be black. Black ice can form under many conditions. When temperatures are around the freezing mark and snow melts and then freezes again, this can cause black ice. It can also be found with freezing rain followed by snow. This can be especially dangerous as the black ice may be hidden by the snow. Some safety tips you can use are the following:

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. 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.

3. Apply your brakes gently. If you do not have anti-lock brake and feel a skid, try pumping the brakes.

4. Have a safety pack in your car. This could include a blanket, food, candle and flashlight.

5. Only drive if you have to. If the weather is bad try to make other plans or take the bus or subway.

Bridges and overpasses can be especially prone to icing. There is a condition that is known as preferential icing. This condition is particularly dangerous because the road leading up to the bridges or overpass can be completely clear.

It can be the City or Government’s responsibility to keep highways clear and safe in certain circumstances. For instance on a highway, if the Ministry knew of a special and highly dangerous situation of ice that created a risk of serious and imminent harm to motorists, they may be required to react. If they did not take reasonable steps then they can be held liable for damages that resulted from the accident.

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, 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.