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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

Friday, June 26, 2009

Car Accident Injury Cases I Will Not Take

Not every one that calls me about their car accident has a case that I will take. The first hurdle is that the car accident has to be caused by the fault of the other party. Legally that is called negligence. Everyone understands running a red light or a stop sign. But some people think that when someone that has been in front of you stops suddenly, that it is their fault. Not usually. The Ohio law states that you must be able to stop within the assured clear distance in front of you.

The next important thing is the force of the collision. Jurors are quite skeptical about cases with no car damage. However even if the bumper looks okay, if the bumper guard (the steel part between the bumper and the car frame)is damaged that can show the collision had significant force.

You also must be able to show the car accident caused you a signifcant injury. Just today a young man called me and said he was in a car accident 30 days ago and his leg just started bothering him. He had not sought any medical attention. In that case I explained that it would be incredibly difficult to show that injury was from the car accident . So I declined to take his case.

Finally even if it was the other persons fault and there was good car damage and you went to the doctor the day of the accident but had not had anymore treatment and you were fine within a week, then I would not be able to add any value to your case. It would be a case you should be able to handle with the insurance company for a small amount of compensation.

I'm always glad to talk with anyone that needs help or just has a question to ask. The important thing to remember is to document everything you can and seek medical attention as soon as you feel any injury.

posted by Anthony Castelli at 8:39 PM 0 comments

Wednesday, June 24, 2009

Cincinnati Personal Inury Attorney Press Release

Cincinnati, OH June24, 2009 -- Cincinnati personal injury Attorney(http://www.castellilaw.com) Anthony Castelli releases the Six key items of damage for personal injury victims in Ohio.

Personal injury victims in Ohio can recover six key elements of damage that entitle them to recover money compensation.

Claimaints can recover for:
1. Reasonable medical expense
2. Pain and suffering
3. Loss of enjoyment of life
4. loss of wages
5. Impairment of earning capacity
6. Disfigurement scarring

Loss of enjoyment of life means those things victims were able to do before your injury but now can not do, or are more difficult to do. Some examples are gardening, taking walks, golfing. The list is unique to each individual.

Impairment of earning capacity is the lessened ability to earn money as a result of an injury. For example, if an injury claimaint was a concert pianist and could no longer play the piano because of a hand injury , but could work at something for less money, they are entitled to the difference in earnings.

Claimaints are entitled to those damages as shown by the evidence for the past as well as the future. But the future must be reasonably certain.

Mr. Castelli a Greater Cincinnati, Ohio accident and personal injury attorney for over 28 years stated that, "insurance companies like to keep you in the dark about everything you are entitled. They hope to make a quick cheap settle up. Do not sign a binding release until you know all of your injuries, their nature and extent and all of your rights."

posted by Anthony Castelli at 7:16 PM 0 comments

Sunday, June 21, 2009

How To Decide If you need a Personal Injury Attorney

Many injury victims don't know if they really need an attorney. Cincinnati Personal injury trial Attorney Anthony Castelli explains when you should consider hiring a personal injury attorney. You will learn he does not take every case and explains why you may be able to handle your own claim

posted by Anthony Castelli at 10:14 PM 0 comments

Saturday, June 20, 2009

Your Rights If Injured in a Car Accident

If you have been injured in a car accident you have certain rights. The most specific right is your right in Ohio to recover compensation (monetary damages) to make up for your injuries.

Here is a list of the damages recoverable for your personal injury:

1. reasonable and necesssary value of medical expense

2. lost time from employment even if you used sick time

3. Pain and suffering reulting from your injuries

4. Loss of enjoyment of life. This is different that pain abd suffering. This compensates you for not being able to perform your activities you enjoy.

5. disfigurment if you have scarrring from your injury.

Unfortunately the insurance company for the person who injured you is not obligated to pay these damage until a verdict is obtained against their insured. So you need to be aware of other sources of possible recovery. A personal injury lawyer can fully explain your rights , how to protect them , and maximize your right to fair compensation.

Of course you also have the right to recover property damage. Lawyers normally do not take a fee out of this recovery as the insurance companies will resolve property damage to avoid further and additional expense.

by Anthony Castell Cincinnati Personal injury trial attorney . My web www.castellilaw.com

posted by Anthony Castelli at 3:44 AM 0 comments

Saturday, June 06, 2009

Motorcycle Rider Abate Member Martin Meister RIP

Martin Meister long time motorcycle rider enthusiast and member of ABATE of Ohio pased from this life on April 29.2009. Martin loved to ride his motorcycle and loved ABATE ( American Bikers Aimed Toward Education)

In fact that's how I met Martin through a meeting of Abate of Ohio Region 5 hamilton county. To me Martin was the face and voice of Abate and documented their activity with photographs. My email is filled with photograghs that Martin took of motorcycle biker events he traveled to.

Martin was truly unique and passionate about the right of motorcycle riders. He was passionate about the right of way law hoping that it would prevent injury to motorcycle riders. He asked me to speak about that law at one of the local Abate meetings. I'll never forget the introduction he gave me that made me feel right at home.

Martin was well known throughout the State of Ohio. His sense of humour, intensity, passion friendship and smile will surely be missed by many. I know it will be missed by me. He treated everyone the same with respect and care. And was everyone's cheerleader.

He was always there to lend a hand to motorcycle riders and the charitable events contributed to by Abate. I know God's light is shining on Matin, the photo takin hillbilly, as he with his humility and self depricating humour used to call himself.

by Anthony Castelli cincinnati Personal injury and trial attorney www.castellilaw.com

posted by Anthony Castelli at 4:55 AM 0 comments

Wednesday, May 20, 2009

Car Accident Back Injury

Many car accident cases cause low back injury, The defense will try to argue that the back is padded against the seat so how could the injury occur. However most if not all competent doctors that I have gotten reports from have no problem relating a back injury to a car accident especially if there is no prior or recent back injury and the back complaints are registered in close proximity to the car accident.

Disc injury is a more severe type of back injury and may result in surgery and chronic pain and limitation. Here is a great link that explains about the disc anatomy.

http://www.chirogeek.com/000_Disc_Anatomy.htm

Anthony Castelli is a Cincinnati personal injury trial attorney. He welcomes your questions and offers free initial consultations. you can call him at 621-2345

posted by Anthony Castelli at 9:46 PM 0 comments

Tuesday, May 19, 2009

Social security benefits available if you have a serious injury that could last for more than a year

If you suffer a serious personal injury or any illnesss for that matter you should apply for social security disability. The requirement to get benefits is that your injury is going to last for more than a year and cause you not to be gainfully employed.

Most people believe Social Security is a Federal program that only prov ides retirement benefits. This is not the case. There is a complex disability component to the Social Security program.

Who is disabled and who is not disabled has evolved into a complex question that is not always easily answered. As a result, the Social Security application and decision process has become increasingly complex and now, more than ever, requires that a skilled Social Security Lawyer be involved in the process from the beginning application.

Social Security denies approximately 70% - 75% of the applications for disability. Approximately 60% -70% of these denials are turned into accepted claims after either reconsideration or a hearing before an Administrative Law Judge. Having a Social Security Disability Lawyer working for you at these stages can greatly increase your chances of success at the reconsideration or Administrative Law Judge hearing level before the Social Security Administration.

If you are applying for Social Security Disability benefits, having a lawyer on your side that has a strong knowledge of how the Social Security Disability claims process works is critical and can greatly improve your chances of getting your case approved in the application stage or at the hearing level.

If you have any questions about what you need to do please call Anthony Castelli cincinnati personal injury, workers compensation and social security disability attorney

posted by Anthony Castelli at 11:04 AM 0 comments

Saturday, May 09, 2009

THe Most Important To Do if You Are In A Cincinnati CAr Accident

Cincinnati Car Accident Attorney Reveals The Number One Action to Take For Your Cincinnati Car Accident Injury

If you are in a car accident there are many things you need to do to ensure that you get a fair settlement of your claim with the insurance company. The many things necessary is the subjct matter for a free consultation with an experienced personal injury attorney. However there is one key thing that you must do if possible before you ever see an attorney. YOU MUST DOCUMENT YOUR CASE.

There are many kinds of documentation. The very first documentation is a police report. Make sure the police are called. This documents the accident and provides confirmation of important information. You also must document your injury by having it treated. The medical provider will make a medical record of your injury. Finally documentation of the scene, the objects involved and your injuries if visible by photographs is critical.

For more infomation contact Anthony Castelli Cincinnati Car accident and personal injury trial attorney www.castellilaw.com

posted by Anthony Castelli at 11:07 PM 0 comments

Thursday, May 07, 2009

Cincinnati Workers Compensation Trap

Recently a court of appeals decided a case in Ohio that has significant implications if you claim a workers compensation injury that was caused by the fault of a third party. In that case you not only have a workers compensation claim but also a claim against the person who caused your injury.

The trap comes about if workers compensation disputes you were injured in this event. If they find against you then the person who caused your injury may also be let off the hook. The reason is that the Court said that lack of injury has already been determined by the workers compensation board and this decision is allowed to be CONCLUSIVELY used against you in the third party case.

There are ways to fight this . But if you have two attorneys handling separate aspects of your case you may run into a problem of communication. That's why it may be important to hire an attorney versed in Ohio workers compensation law and who also handles personal injury claims.

This problem could easily come up if you were a driver for a company and were injured in a car accident while on the job thru the fault of another. SO BE Careful

I handle both Cincinnati Ohio workers compensation as well as personal injury cases. Feel free to call me for a free consultation.

by Anthony Castelli cincinnati personal injury trial attorney and certified specialist in Ohio workers compensation by the OSBA

posted by Anthony Castelli at 5:58 AM 0 comments

Friday, April 24, 2009

Cincinnati Personal Injury Attorney Social Network Key

Attorney Networking & Social Media for Personal Injury Lawyers

Probably until 60 days ago many Cincinnati attorneys have never heard of twitter. Or how about linkedin. Although many of you may know about facebook. But probably from you teenager or college student. These social networks are getting more and more media attention.

Everyone now seems to be jumping on the bandwagon from Oprah to Barbara Walters. Are these overhyped. I think the answer is yes. Is there value in having a presence there. I also think the answer is also yes.

However the biggest key to your presence is NOT to use them to sell yourself. Use them to engage people in intersting conversation. You can let them know what you do , but don't beat people over the head with it.

The analogy is that its like going to a party. You don't start handing out cards. You talk to people about current events, their interests , their family ; eventually the conversation gets around to what you do for a living. That's the way you should handle your twitter or facebook presnce.

However on linkedin there are multiple groups that are subjcet matter related such as the injury attorney referral group. So linkedin can be used a little differently. To me it is more of a place to make professional contacts.

Of course there still is nothing better than taking great care of your clients so that they serve as a referral source.

by Anthony Castelli Cincinnati personal injury trial attorney

posted by Anthony Castelli at 1:35 PM 0 comments

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