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CINCINNATI PERSONAL INJURY ATTORNEY

Information regarding personal injury claims from a Cincinnati personal injury and accident lawyer focusing on Ohio law

Saturday, January 22, 2005

What is my case worth

Most injury clients want to know how much money they can get for their injury. However the answer is not always easy to know especially in the early stages of an injury. A case can not really be fully evaluated until a treating doctor has put in writing what the injuries are and what the future will hold. Once that is established most experienced attorneys can give you a pretty tight range of what your case is worth.
Numerous factors go into the evaluation. If you would like to learn more go to my website at www.castellilaw.com., and visit the personal injury practice center.

posted by Anthony Castelli at 1:00 AM 2 comments

Friday, January 21, 2005

us two vic & tony TAT

posted by Anthony Castelli at 10:37 PM 1 comments

Worker's Compensation Lawyer Cincinnati Ohio

Anthony Castelli is certified as specialist in Ohio Workers Compensation by the Ohio State Bar Association. The worker's compensation laws provide monetary compensation to pay for medical expenses and to replace lost income as a result of injuries or illnesses that arise out of an employment as well as other monetary benefits.

If the employer contests the claim, a denial may be issued even without a hearing. Therefore, it is important for you to immediately seek the advise of an attorney if you get anything from worker's compensation. Mr. Castelli handles his worker's compensation claims on a contingency basis, which means that a legal fee is paid only if he successfully obtains a recovery for you, although there may be expenses

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Workers' Compensation - An Overview
The term "workers' compensation" refers to a system of laws outlining specific benefits to which injured employees are entitled, and the procedures for obtaining such benefits. Every state has its own workers' compensation laws, which are contained in statutes, and vary somewhat from state to state. In addition, there are special, federal workers' compensation laws for employees of the federal government and other, specific types of industries.

Under the law in most states, every business must have some form of workers' compensation insurance to cover injured employees. Filing a workers' compensation claim is similar to filing an insurance claim; it isn't a lawsuit against an employer, but rather a request for benefits. If you have been injured at work, attorneys experienced in workers' compensation law can explain the complexities of workers' compensation and help you secure the maximum benefits to which you are entitled.

posted by Anthony Castelli at 9:20 PM 0 comments

Wednesday, January 19, 2005

An Interesting Blog

All law and nothing else makes for a dull blog and a dull day. I thought about adding lawyer jokes but the good ones are to long to type. however allow me to alert you to an interesting blog that is actually indexed nicely rather than the random musings of technobabel. Take a look at www.Humphrys.humanists.net and enjoy. tony@castellilaw.com www.castellilaw.com castellilaw.blogspot.com

posted by Anthony Castelli at 9:48 PM 0 comments

Frequently Asked Questions about Motorcycle Accidents

Frequently Asked Questions about Motorcycle Accidents:
Anthony Castelli has represented people who have suffered significant injuries in motorcycle accidents. It will cost you nothing to speak with him regarding your potential claim. Mr. Castelli works on a contingency basis, which means that a legal fee is paid if he successfully obtains a recovery for you, although there may be expenses.

Q: What am I entitled to receive for my injuries?

A: Every case is different. The exact type of compensation and the amount you might receive depend on your individual situation. For example, the amount you receive will vary depending upon how severely you were injured, whether you are working and what type of job you have, if your injuries are permanent, if you are married, and numerous other factors.

As a general rule, you are entitled to recover for any of the following expenses:

Medical bills
Lost wages
Pain and suffering
Future medical expenses
Probable loss of wages in the future
Property damage
Loss of relationship with your spouse
Other out-of-pocket expenses due to your injuries
In some cases, in which the other party's conduct was unusually bad, you may be able to recover punitive damages.

Q: Is compensation automatic?

A: The types of compensation listed above are not automatically awarded in every case. It is up to you to prove what expenses you have incurred, or will incur in the future, and how much those expenses were or will be.

Q: How long will my case take?

A: The length of time a case takes depends on a number of things. A complex case, with several different parties, all with different claims, can take a lot longer to resolve than a relatively simple case, involving one injured party, and one party who caused the injury.

Many straightforward cases are resolved in four to eight months. It is possible, but unusual for a case to take much more than one and a half years to resolve.

Q: I wasn't wearing a helmet when I was in an accident. Does that make a difference?

A: You may bring an action for your injuries even if you were not wearing a helmet, but not wearing a helmet may make a difference in the amount of damages you receive. If not wearing a helmet did not cause or aggravate your injuries (for example, if you were hurt in your legs, and wearing a helmet would not have made any difference in your injuries), it probably will not make a difference. Your attorney will discuss your specific case with you.

Q: What is comparative negligence?

A: Comparative negligence compares the negligence of everyone involved in an accident. When a jury hears the case, the jury members decide what percentage of the total fault goes to each person involved. The amount of compensation awarded to a person will be reduced by his or her share, or percentage, of the total fault.

Q: I was hurt in an accident last week, and the other driver's insurance company has offered to pay me some money. Should I accept it?

A: No! Accepting that check may mean that you have released the other driver from all liability for your accident. You may have to sign a release to get the promised money, or the back of the check you get may have a notation on it that your endorsement of the check means that you release the other driver from any past, present, or future liability for your injuries. "Some" money might be all that you get for your injuries.

The problem with a quick settlement, such as the one you have been offered here, is that it may take weeks or even months before you know the full extent of your injuries. Perhaps you've been out of work since the accident: do you know for sure when you will be working again? Do you know how much your medical bills will be? Odds are good that there are too many unknowns to make it a good idea to settle your case now. You would do best to consult with an attorney who has experience handling motorcycle injury cases before you sign anything.

posted by Anthony Castelli at 11:24 AM 2 comments

Tuesday, January 18, 2005

Frequently Asked Questions about Motor Vehicle Accidents

Frequently Asked Questions about Motor Vehicle Accidents:
Q: Can I recover even if the accident was my fault?

A: Whether you can recover if the accident was your fault depends on the laws of your state. Some states do not consider fault with regards to some damages, and in those states some of your economic losses may be paid by your own no-fault policy. Other states consider fault, but you may still be able to recover for your injuries, even if the accident was partially your fault. However, in that case, you may be required to prove that the other party's fault was greater than yours or to reduce the amount of your compensation by your percentage of fault.

Q: Who can I sue to recover my damages?

A: In some cases, an accident victim may be able to sue parties other than the at-fault driver. For example, if the at-fault driver did not own the car, the car's owner may also be liable for your damages. If the at-fault driver was impaired from consuming too much alcohol, you may be able to bring a "dram shop" complaint against a business that served alcohol to the driver even though he was visibly impaired. In some cases, you may be able to bring an action against another party, such as an automobile manufacturer or construction company, if a defect in the vehicle or the roadway caused the accident. If the accident involved a tractor-trailer, the driver's violation of rules and regulations may be the basis for a lawsuit against the driver or his or her employer.

Q: What is my case worth?

A: The value of a case depends on a variety of factors and cannot be determined without analyzing information regarding the injury, medical bills, loss of income, and permanency of the injury. There is no rule of thumb, and each set of facts results in a different amount of damages.

Q: Will I have to go to court?

A: Not necessarily. Many motor vehicle accident cases are concluded without even filing a lawsuit. Most lawsuits are settled without an actual trial. A settlement avoids the costs and delay of a trial and may result in a greater net recovery. However, if the case cannot be settled on satisfactory terms, it may be necessary to try it in court.

Q: Where will the money come from to compensate me?

A: The at-fault party's insurance typically pays for your damages in many states. If you are in a no-fault state, your own insurance may pay for some of your damages. If the at-fault party is not adequately insured, your own insurance policy may contain coverage that will compensate you for your injuries.

Q: How long will it take me to receive my money?

A: The length of time necessary to conclude your automobile accident injury case depends upon a number of factors. For example, if you received a serious injury, you do not want to settle your claim until you have received sufficient medical care so that either your physician has released you or your future medical expenses related to the accident can be determined with reasonable certainty. Therefore, the amount of time you need to heal may determine the length of time necessary to conclude your claim. The amount of time before you recover also depends on whether your case is settled or goes to trial.

Q: What should I do if I can't afford an attorney?

A: Many law firms will agree to pursue a personal injury claim for a contingency fee, which means that the law firm's fee is subtracted from any amount that the firm collects for you. If no amount is recovered, then the firm receives no fee, but the client is typically responsible for actual expenses, such as court filing fees or witness fees, whether he or she wins or loses.

Q: Do I have to see a doctor?

A: If you are injured in an automobile accident, you should seek medical attention. Whether or not you have a claim, you should be examined by a doctor, both for your own peace of mind and to document the injury in order to support your claim. Frequently, an automobile accident injury will not appear immediately. Whenever symptoms first appear, go to your family doctor, a hospital emergency room, or another medical professional to obtain medical help.

Q: How soon must I bring my claim?

A: Each state sets a time period during which a person must bring a personal injury claim. Both the length of that period and the way it is measured in motor vehicle accident cases varies from state to state. Even within a state, the time period may vary depending on the circumstances surrounding the accident, such as the plaintiff's age, the type of personal injury claim, the particular facts giving rise to the injury, and when the injury is discovered. You must be absolutely certain that you know the time limitation period that applies to you, or you risk jeopardizing your legal rights.

Q: Should I accept a check from the at-fault driver or his or her insurance company?

A: Accepting a check may be construed as a settlement that prohibits you from obtaining any additional amounts from the at-fault driver or his or her insurance company. Therefore, you should not accept a check or sign a release from the at-fault driver or his or her insurance company until after you have conferred with an attorney. Typically, an attorney will encourage you to wait to accept a check until you have completed your medical treatment and have been released by a doctor, so you know you have received an amount that adequately covers your medical bills and other damages. An insurance adjuster may push you to settle the claim for the lowest possible amount and may discourage you from contacting an attorney. If so, you should ignore his or her advice, and consult an attorney immediately before accepting any payment, signing any release, or otherwise settling your claim to insure that you are receiving fair compensation and not jeopardizing your right to a full and fair recovery.

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lt with regards to some damages, and in those states some of your economic losses may be paid by your own no-fault policy. Other states consider fault, but you may still be able to recover for your injuries, even if the accident was partially your fault. However, in that case, you may be required to prove that the other party's fault was greater than yours or to reduce the amount of your compensation by your percentage of fault.
Q: Who can I sue to recover my damages?
A: In some cases, an accident victim may be able to sue parties other than the at-fault driver. For example, if the at-fault driver did not own the car, the car's owner may also be liable for your damages. If the at-fault driver was impaired from consuming too much alcohol, you may be able to bring a 'dram shop' complaint against a business that served alcohol to the driver even though he was visibly impaired. In some cases, you may be able to bring an action against another party, such as an automobile manufacturer or construction company, if a defect in the vehicle or the roadway caused the accident. If the accident involved a tractor-trailer, the driver's violation of rules and regulations may be the basis for a lawsuit against the driver or his or her employer.
Q: What is my case worth?
A: The value of a case depends on a variety of factors and cannot be determined without analyzing information regarding the injury, medical bills, loss of income, and permanency of the injury. There is no rule of thumb, and each set of facts results in a different amount" www.castellilaw.com cincinnati ohio personal injury attorney

posted by Anthony Castelli at 1:45 PM 0 comments

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