To be eligible for a 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 an 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 have successfully handled many CPP appeals.  It is important to obtain proper medical evidence to prove your disability.  We have access to a large network of medical and vocational professionals who can help establish evidence of disability.

It is important to note that there are time limitations to ask for reconsideration or file an appeal.  You should consult a personal injury lawyer immediately if you claim has been denied.

When a serious or catastrophic personal injury caused by a motor vehicle accident or slip and fall occur, it can pose a substantial financial burden to the claimant and his or her family.  Medical and rehabilitation expenses can amount to hundreds of thousands of dollars or even millions of dollars and may continue long into the future of the claimant’s life.

In order to accurately assess the cost of future care needs for settlement purposes and litigation planning, personal injury lawyers look to the expertise of occupational therapists who are certified and experienced in completing detailed assessments and reports of the associated costs an injured person is likely to incur into the future.  Future case cost assessments and needs assessments are completed based on published standards of practice for Life Care Planning.  The assessments and report provide support of the costs of future care for an injured person’s current and projected services, medical treatments, medical needs, equipment, therapies, medications, interventions, home modifications etc…  When completing these assessments, the experts usually do so on the premise of attempting to maximize the claimant’s independence, prevent further deterioration of function and provide replacement services for those activities which the claimant is no longer able to complete as a result of their injuries.

Future Care Cost reports include detailed assessment of the claimant’s functioning and need requirements in areas such as medical needs, rehabilitation needs, equipment, home support needs, home renovation requirements, attendant care requirement, medical device needs, vocational needs etc….

The Future Care Cost report is used by your personal injury lawyer during negotiations with the opposing insurers and their counsel in or out of Court, during mediations, or at settlement meetings.

A reputable and experienced personal injury law firm such as Raphael Barristers will provide expert advice on the legal issues related to your catastrophic or serious injury matters and when necessary, we will retain the services of medical experts and rehabilitation experts to assess the needs of the client.  Our team of legal and rehabilitation professionals have extensive experience in planning and providing services for clients with all sorts of injuries, including traumatic brain injuries, spinal cord injuries and orthopaedic injuries.  We will ensure best file management of your claim, and maximal financial recovery.

The word inequality is often used to describe civil or human rights issues. But the word takes on a different meaning for people involved in a motor vehicle accident, who suffer injury, and who choose to act on their own behalf in dealing with their own insurance company, without the assistance of a personal injury lawyer.

The basic framework of today’s statutory accident benefits scheme in Ontario was introduced in 1990 as a way to speed up getting injured people the treatment they needed and the money to replace income lost of they could not work. It was also supposed to reduce the need to bring a lawsuit for personal injury suffered in car accidents, and emphasize the relationship between an injured person and their own insurance company. The scheme has undergone several revisions over the last two decades, but the basic premise is still that an injured person should ideally be able to apply for and receive benefits without the assistance of a lawyer.

Reality is very different from that ideal. As of September 1, 2010, the law will change again, and from all appearances, it will be more difficult for injured people to get the treatment they need. Unfortunately, this is where the word inequality comes in.

Insurance companies can be very assistive to injured people. Initially most claims are dealt with in a fairly co-operative manner, with insurance adjusters responding in ways that make the injured person feel that their interests are being looked after by their adjuster. But this relationship often breaks down as time passes, and as the amount of money being spent by the insurance company increases. The insurance company has the financial resources, and the staffing resources, to orchestrate an effective defence to claims being submitted - and often they will use their strength as a means to convey a simple message to the injured person: it doesn’t matter what you ask for, or even what your own doctors or therapists recommend, because the doctors we send you to see don’t agree that you are still impaired, or still need treatment. Psychologically it can be very intimidating to have an insurance company deny your claim, or even just to send you to see their own doctors.

The insurance company is in the business of handling claims. They do it every day and can afford to do it. An injured person is quite often very vulnerable, emotionally and financially, and insurance companies, even without intending to do it, can take advantage of that vulnerability. Very simply, there is an inequality between the insurance company and the injured person, that usually works in favour of the insurance company.

A personal injury lawyer can help level the playing field in Ontario accident benefits cases. A lawyer is familiar with the approaches taken by the insurance company, and is not intimidated by them. Your lawyer will help explain why certain steps are taken by an insurance company, so that you will not feel as vulnerable and helpless in the face of such a large and well-financed corporation.

A personal injury lawyer can co-ordinate actions on your behalf, to stand up to and challenge the decisions of an insurance company about your treatment and receiving benefits. The insurance company may have a financial advantage over you however; having a lawyer reduces that inequality and ensures that your rights will be protected.

In theory, the accident benefits scheme was supposed to reduce inequality, and allow people to receive compensation without the need for a lawyer. In practice, although some people still are successful being unrepresented in the process, in the majority of cases, there will come a point where a personal injury lawyer can help eliminate that inequality by ensuring that the insurance company does not take advantage of the injured person’s vulnerability.

If you have been injured in an accident, it can be helpful even at those early stages of treatment and recovery following the accident, to meet with a personal injury lawyer, to verify that you are not being taken advantage of by an insurance company. Most lawyers will provide an initial consultation at no charge.

Inequality will always exist when it is a case of an individual against a large corporation, just simply because of available financial resources. A personal injury lawyer can help minimize that inequality, to help you face the insurance company head on, and have your rights protected.

The lawyers at Raphael Barristers have been practicing personal injury law for over 50 years. Call 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 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.
If you have been injured in an accident, have an insurance dispute or have been a victim of a crime, contact a personal injury lawyer today for a free consultation.

A personal injury is any type of injury caused to a person as a result of another person’s negligence.

The injury may result in physical or emotional harm and have financial consequences.  If you have been injured in a personal injury accident, you should speak to an experienced personal injury lawyer to understand your rights, to investigate what compensation is available to you and to be made aware of any statute of limitations or time limits in advancing your claims.

A personal injury lawyer can assist you if your injuries are due to any of the following:

• Car Accident
• Bicycle Accident
• Slip and fall
• Boating Accident
• Victim of Crime

The lawyers at Raphael Barristers have been practicing personal injury law for over 50 years. We have offices in Toronto and Thornhill serving Scarborough, Mississauga, Oakville, Brampton, Whitby, Newmarket, Durham Region, York Region and all of southern Ontario.  Call for a free consultation at 416-594-1812 or 1-877-217-1812.

Have you been involved in a car accident?  Perhaps you were injured in a slip and fall.  Whatever the cause of your accident and injuries, you should seek professional legal advice about your case.

If you call the offices of Raphael Barristers you will speak with an experienced and committed personal injury lawyer free of charge.  You will be made aware of your rights and the best way for you to go about protecting them.

What if the accident was partially your own fault?  If your actions have contributed to the accident, then you can still pursue a claim against other parties for the percentage that they are to blame for the accident.

What if you have a motor vehicle accident that is totally your own fault?  Even if the accident was entirely your fault, you would still be entitled to significant accident benefits which could include loss of income benefits, medical benefits, rehabilitation benefits and payment for damaged clothing.

What if I can’t afford to pay for a lawyer?  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.
Are there time limits that I should be aware of?  The short answer to this is yes, many.  For instance, 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 severed written notice of the intention to commence the action on the Defendant within 120 days after the incident.  Further, 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).
Raphael Barristers has been representing injured victims for over 50 years.  We would be happy to discuss the particulars of you case with you any time.  We are available for home or hospital visits.

New Regulations that govern Ontario automobile accidents were recently made available by the Minister of Finance.  These changes are to take effect on September 1, 2010. 

Some of the changes include:
a)  Reducing the amount of medical and rehabilitation benefits in non catastrophic claims from $100,000 to $50,000.

b)  Reducing the amount of attendant care benefits in non catastrophic claims from $72,000 to $36,000.

c)  Eliminating claims for care giver benefits.  (Previously, there could be up to $250 per week available, plus an extra $50 for additional persons in need of care).

d)  Eliminating claims for housekeeping and home maintenance in non catastrophic claims.  (Previously, there could be up to $10,400 available).

e)  Further reductions for injuries that meet the “minor injury” definition.

These changes will have a significant affect on those victims who have sustained serious, but not catastrophic injuries.  Previously, these benefits could be obtained from the injured persons own insurance company and were paid relatively quickly.  Now, personal injury lawyers will have to pursue the “at fault” party or insurer to recover these losses.  This often takes some time.  In circumstance where the accident is you own fault, these benefits may be lost forever. 

If you have been injured in a motor vehicle accident in Ontario it is important to consult with a personal injury lawyer as soon as possible to know your rights.  The lawyers at Raphael Barristers have been representing victims of car accidents, bicycle accidents and motorcycle accidents for over 50 years.

Generally, good professional advice is a good thing.  Consulting with an experienced, understanding lawyer that deals with these types of claims on a daily basis can assist you in presenting your claim to the Criminal Injuries Compensation Board to achieve maximum recovery.  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.
What about additional legal fees?  Subject to certain exceptions, Raphael Barristers will take on your case and agree to be paid only if we are successful in achieving an award from the Criminal Injuries Compensation Board. That means you would only be required to pay the lawyers fees if an award is obtained at the hearing. If the case is not successful then you would not be charged any fees.
The Criminal Injury Compensation Board is an agency that provides compensation to victims of violent crimes that occur in Ontario.  You do not have to be a resident of Ontario or a Canadian citizen.  If the crime occurred in Ontario you may be entitled to compensation.
What compensation is available?  The Board may award compensation for medical treatment, therapy and dental expenses, funeral and burial expenses to a maximum award of $9,000.00, pain and suffering, income loss, loss of support and/or travel expenses for treatment or to attend a hearing;
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.
Raphael Barristers are a law firm of personal injury lawyers.  We 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 have been able to recover significant damages from the perpetrator, the establishment or their insurance company. It is important to have the entire circumstances of the incident reviewed with a competent personal injury lawyer to see if there are other avenues of recovery available to the victim of crime.

A leisurely walk in your neighbourhood can turn into a nightmare in a split second - most people think of this scenario as involving a slip and fall accident, or being hit by a car and suffering severe personal injuries.
 
But the danger may not come from the roads or the sidewalks, but from that lush green lawn in front of the house you pass by every time you go for your walk. Or perhaps you are at a park with your family. Although serious cases thankfully are not as common as car accidents, personal injury from a dog bite is a risk which occurs with more frequency as the weather stays warm, and more of us, including pet owners, go outside for recreation.
 
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 - so even if your own pet is attacked and injured by another dog, the law makes the other dog owner responsible.
 
Many people believe that it is necessary for a dog to have attacked or bitten before to make an owner responsible - the Ontario legislation, known as 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 even provoked the attack. It is important to report the attack promptly, though, 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 will 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 - yes, if a dog owner has a homeowner’s or tenant’s insurance policy, there will likely be insurance coverage for the claim.
 
Unlike motor vehicle accidents, which have restrictions that limit a person’s right to sue for more minor injuries, there is no such restriction involving dog attacks and bites. Damage claims come in all shapes and sizes, from severe scarring or impairment down to minor abrasions, and can also include psychological trauma from the attack. In many cases, even with a minor attack, the victim must undergo painful treatment (tetanus or rabies shots) as a precautionary measure. Regardless of the nature of your injuries, a personal injury lawyer can work for you to advise you about your rights and to advance your claim for compensation.
 
If you’ve been bitten or attacked by a dog, don’t allow yourself to get bitten a second time by ignoring the sometimes serious consequences of such an incident - consult a personal injury lawyer and discuss your rights.

With the hot days of summer here, and with long weekends, vacations and recreation filling those days, unfortunately we see a rise in personal injury accidents. Whether it is a boating accident or an impaired driver on the way home from cottage country, the fun of summer can be mixed with the seriousness of injury and suffering.
 
When an accident occurs, most people think of calling a lawyer to find out if they can obtain some type of compensation for their injuries. Every lawyer has their own area of specialty, and when you have been hurt in an accident, a personal injury lawyer is best equipped to hear your story and tell you what can, or what cannot, be done to help you.
 
While the lawyer down the street who handled your real estate closing or the lawyer who incorporated your business may know a little bit about injury claims, chances are they don’t have the experience and sensitivity to the issues in a personal injury claim to give you the best advice. You will want to meet with a lawyer who has handled these types of cases many times before, and who understands what needs to be done to effectively seek compensation on your behalf.
 
Personal injury lawsuits involve medical evidence (doctor’s records and hospital records), and often involve complicated fact situations about who is really responsible for an accident. These claims involve dealing with insurance companies and often involve helping you obtain timely and proper medical treatment, therapy and rehabilitation, and to have it paid for by an insurance company.
 
A personal injury lawyer is familiar with all of these aspects of your claim, and is able to determine the best route for you to follow if you have been hurt.
 
What makes a personal injury lawyer different and necessary for your case? Experience and understanding. You wouldn’t ask your family doctor to perform heart surgery, and you wouldn’t necessarily ask a personal injury lawyer to handle your commercial financing deal or a real estate transaction. Every lawyer has their own experience, and when you have been hurt in an accident, a personal injury lawyer is best equipped to help you be fairly compensated for your losses.
 
If you have been hurt in an accident, speak to someone who has  the experience with the same types of cases and who understands your concerns and what needs to be done to help you protect your rights. Speak to a personal injury lawyer.

The Criminal Injury Compensation Board is an agency that provides compensation to victims of violent crimes that occur in Ontario.  You do not have to be a resident of Ontario or a Canadian citizen.  If the crime occurred in Ontario you may be entitled to compensation. 
What compensation is available?  The Board may award compensation for the following:
a. medical treatment, therapy and dental expenses;
b. funeral and burial expenses to a maximum award of $9,000.00;
c. pain and suffering;
d. income loss;
e. loss of support;
f. travel expenses for treatment or to attend a hearing;
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 are a law firm of personal injury lawyers.  We 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 have been able to recover significant damages from the perpetrator, the establishment or their insurance company. It is important to have the entire circumstances of the incident reviewed with a competent personal injury lawyer to see if there are other avenues of recovery available to the victim of crime.