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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

Thursday, December 07, 2006

WELDING ROD INJURY

Introduction: Welding Safety and Manganese Poisoning
Excessive exposure to managanese fumes can cause a variety of neurological injuries, including tremors and other movement disorders such as Parkinson's disease and a disease called manganism that resembles Parkinson's disease. Often the damage caused by exposure to manganese exposure is permanent and progressive, meaning that it gets worse over time. Additional Resources

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Manganism
Explained

Welders are injured when small airborne particles of manganese in the welding fumes enter the nose or mouth and then travel from the nose or lungs into the bloodstream and then across the blood-brain barrier. Once in the brain, manganese can affect parts of the brain that control muscle movement and other bodily functions.
Symptoms associated with inhalation of manganese welding rod fumes include slowing of movement, arms that do not swing when walking, tremors, delays in performing routine tasks, masklike or blank face, mumbling speech, lack of energy, difficulty sleeping, headache, anxiety, sexual dysfunction and bed-wetting.
The law of most states provides several personal injury claims for persons who have been seriously injured by a product. Welders injured by exposure to manganese fumes may bring claims without concern of limitation under state workers compensation laws because the defendants in this litigation often are the manufacturers of the welding rods themselves, not the welders' employer.
Claims that have been brought against welding equipment manufacturers include claims for negligence, strict liability for a defective product, as well as claims based on failure to warn and even fraud. Evidence exists that manufacturers have been aware of the permanent and progressive health risks associated with manganese welding rod fumes for decades. Damages sought typically include damages for:
Physical pain and suffering, mental anguish and physical impairment;
Medical expenses associated with the allegedly defective product;
Loss of earnings and/or earning capacity; and
Punitive damages.

posted by Anthony Castelli at 6:52 PM 0 comments

4 Deadly Sins That Can Ruin Your Personal Injury Car Accident Claim

There are many critical decisions and actions that can affect whether you get full compensation for your personal/bodily injury claim. The insurance company will not tell you about them until they come to you with a low ball offer. Here are four critical things you must be aware of.

1. Do not give a taped statement to any insurance company until you consult with an attorney. For instance a casual comment about speed could wreck your case. You will be asked the speed you were going and if you know the speed limit. Critical errors in your statemment could later be held against you.

2. Stating injuries that are not reflected in your medical records or concealing prior injuries. If your credibility is damaged your case is severely compromised.

3. Delay in seeking medical treatment. Many folks think they can shake off a minor injury only to find that it worsens into a significant problem. The chances of your injury being attributed to the injury causing event is lessened the greater you delay treatment.

4. Failure to follow your doctor's treatment . The insurance company will tell you that you must not have been hurt very much if you don't folow your doctor's orders.

If your case is significant the best thing you can do is hire, or at least, consult an attorney experienced in personal injury claims. Without an attorney you have little leverage against big insurance. A good attorney can help you get it right the first time and take the hassle out of fighting a battle you are not armed and prepared for.

If you have any questions about your claim Anthony Castelli would be glad to provide a free initial conultation. www.castellilaw.com

posted by Anthony Castelli at 5:34 AM 0 comments

Sunday, December 03, 2006

Ethical Personal Injury Referrals

It any case it is critical to get the client to an attorney familiar with handling the type of case the client has.

For example a car accident victim might come to the attorney that did their will. This attorney not wanting to give up a fee, might take on the case and figure he can settle. But what if the insurance company's offer is unfair. The attorney must learn what to do, get the client to take the lowball offer or withdraw.

However there is another solution that works from the very beginning. The attorney could refer the case to an experienced personal injury attorney and request a portion of the fee. This is best accomplished under Ohio ethical rules by both attorneys signing on to the fee contract, full disclosure to the client, and both attorneys and under the new ethical rules both attorneys sign the required disbursements form at the end of the case.

This way the clients interests are served and the attorney who initiated the client will be compensated.

anthony Castelli Attorney is available to accept refferals or co-counsel relationships. http://www.castellilaw.com

posted by Anthony Castelli at 9:55 AM 0 comments

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