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Insurance Claims

Cincinnati, Ohio

Insurance Claims Information

How to Get Complete Compensation for Your Injury Claim

If you’ve recently been injured in an auto accident as a result of someone else’s fault, you are probably confused or worried about what steps to take next:

Will I be paid for the time I’m losing from work?
Will my medical bills be paid?
What do I do if the person who hit me doesn’t have auto insurance or has very little insurance?
Will my car be repaired? Can I get a rental car?
What will the insurance company offer me for my personal injuries?
How will I know that the insurance settlement is fair for my injuries?
How will I know how to choose a competent lawyer who will know what to do?

If you or someone you care about currently has any of these concerns, then please keep reading this special report. My name is Anthony Castelli; I have been a lawyer for over 20 years. I have obtained thousands of dollars in insurance company settlements or jury awards during that time.

Since being involved with the legal system, I’ve seen hard working, honest, unsuspecting people being taken advantage of by uncaring insurance companies.

If you’ve been injured in an auto accident, there are some “facts” you absolutely want to know. This Special Report details some of the critical facts you want to be aware of in order to ensure you et what you rightfully deserve.

Over the past 20 years, I have encountered people who have suffered from auto accident injuries, who have been injured during a slip and fall, who have been involved in work related accident or who have been injured by a defective product, but they did not seek the “right” legal advice. Some of these people haven’t gone to a lawyer because they don’t know if they have the right to compensation, some are intimidated and some have had bad experiences in the past with other lawyers. Some had low offers but we’re afraid to seek a lawyer’s advice because they thought the lawyer would take a portion of their offer.

I have heard of cases where the injury party is entitled to receive compensation for injuries, but never taken any action to submit a claim to get what they truly deserve. In this day and age, doing nothing at all is one of the worst things you can do. It makes me sad seeing injured people not getting what they rightfully deserve because they were intimidated by a big insurance company. I consider myself to be a fighter, someone who looks out for the small guy. That’s why this Special Comprehensive Report has been prepared and offered for FREE to anyone who asks.

ARE YOU COUNTING ON THE INSURANCE COMPANY TO TELL YOU THE TRUTH?

The harsh reality is that the BIG, STRONG AND POWERFUL insurance companies often try to get the injured party to accept a lower settlement for their injuries than they truly deserve. The truth of the matter is that the insurance companies are in business to make money and the less they pay you, the more profits they can put into their pockets.

Please do not let this come as a surprise to you, but there is a strong possibility that the insurance company you have been dealing with will try to get you to accept less than you deserve. Please don’t let this happen to you. Protect yourself by learning information that the insurance companies don’t want you to know. Then, put this knowledge into practice before it’s too late.

WHAT YOU NEED TO KNOW ABOUT YOUR INJURY CLAIM

The first thing I want to tell you is that the failure to act timely to protect yourself can become a complete barrier to your right to recovery. There are certain deadlines to file claims for different types of accidents. The following is a general statement about some of the deadlines for some types of accidents in Ohio:

Auto Accident: 2 years
Slip and Fall: 2 years
Product Liability: 2 years
Assault (Intentional Acts): 1 year

Children under the age of 18 have different deadlines to file claims for different types of accidents. Children’s statue of limitations are as follows:

Auto Accident: 2 years after the child’s 18th birthday
Slip and Fall: 2 years after the child’s 18th birthday
Product Liability: 2 years after the child’s 18th birthday
Assault (Intentional Act): 1 year after the child’s 18th birthday

WARNING: THESE ARE GENERAL STATEMENTS OF LIMITATIONS. THERE ARE MANYE XCEPTIONS AND YOU SHOULD CONSULT AN ATTORNEY CONCERNING YOUR PARTICULAR CLAIM AND THE STATUE OF LIMITATIONS AND ANY APPLICABLE EXCEPTIONS.

WHAT DAMAGES ARE YOU ENTITLED TO?

Generally speaking, under Ohio State Law, if you are injured as a result of someone else’s negligence, you are entitled to recover the following damages. (Even if you are partially at fault, you may be entitled to recover part of your damages!):

Pain and Suffering: A “valuable” element of your bodily injury claim is the right to compensation for all “pain and suffering” you have sustained and will endure as a proximate result of your injury. These are your “general damages” and may run far in excess of your “special damages” (e.g., earnings loss and medical expenses).

Loss of Enjoyment of Life: You are entitled to recover compensation if your injury affects your ability to perform usual activities of life or it affects your ability to perform special activities that you enjoy such as hobbies, sports or other activities.

Loss of Earning: You are also entitled to recover the reasonable value of working time lost on account of the injury. Thus, wages, commissions, bonuses and all other earning and fringe benefits are recoverable.

Medical Expenses: You are entitled to recover the reasonable value of your medical expenses that have been incurred and that are reasonably certain to be incurred in the future as a result of the injury. These expenses include past (already – incurred) medical expenses as well as future medical expenses, which are the product of the original injury.

Impaired Earning Capacity: “Impaired earning capacity” damages are closely related to loss of future earning damages. It is often simply an alternative way of compensating you for future earnings loss. “Earning capacity” refers to the difference in your ability to earn money in your impaired state as opposed to your ability to earn money before you were injured. The damages in effect compensate you for injury to your earning power. This often needs vocational and economic expert evidence.

Disfigurement: If the injury causes scarring or other unsightly marks, you are entitled to recover for the disfigurement and humiliation or embarrassment associated with the disfigurement.

Damage to the Marital Relationship: Serous injuries to one spouse may cause damage to the marital relationship. If this occurs, you are entitled to recover for the loss of society, affection, assistance, conjugal fellowship and loss or impairment of sexual relations that occurs.

Death: Damages for “wrongful death” are available for the spouse, parent, child, even the grandchild of the deceased person. Sometimes other persons related or who were dependent upon the deceased, may recover. Damages are not limited to economic loss and may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance or education. Damages are available for the deceased’s estate, as well, if the deceased survived for a period of time. The beneficiaries’ own auto policy may provide for compensation as well as of the deceased.

Damage to Your Vehicle or Other Personal Property: You are entitled to be made whole for any damage to your personal property. You are entitled to recover the reasonable cost of restoring the vehicle to its condition before the collision. In addition, you may recover the cost of substitute transportation necessarily incurred while they are repairing your vehicle. If the cost of repair is more than the value of your vehicle (a “total loss”), you are entitled to recover the full value of your vehicle before it was damaged.

CAUTION: RECOVERY FOR THESE DAMAGES IS SUBJECT TO PROOF. YOU SHOULD CONSULT WITH AN ATTORNEY WITH RESPECT TO THE ITEMS RECOVERABLE IN YOUR CASE.

WHERE DO WE GO FROM HERE?

In my experience, the most important thing to know to do to avoid being ripped off by insurance companies is to hire the most competent, aggressive and strong-willed attorney you can find!

Why do you think insurance companies try to get injured people to settle their claims without legal assistance from a competent attorney, experienced in personal injury? Because they can pay less than they should and get away with it, leaving you with potentially less than you deserve.

The only problem is that there are so many lawyers! How will you know if the lawyer you chose is competent? How will you know the lawyer you retain is going to be the most competent, aggressive and strong-willed attorney you can get?

EXPOSED MYTHS ABOUT LAWYERS

If you have been injured, you will get only one chance to get the compensation you deserve. One of the most important decisions that you make in your lifetime will be the lawyer you chose to take on this task. That’s why I’m going to reveal some information about lawyers. That way you can have a better chance at making the right decision that will affect your life.

MYTH #1: EVERY ATTORNEY HAS ABOUT THE SAME AMOUNT OF EXPERIENCE AND TRAINING.

The fact of the matter is experience and training differs greatly from attorney to attorney. Some attorneys may have years and years of experience drafting wills, handling probate, and shuffling papers in real estate transactions. Why would you want that lawyer representing you in your personal injury cases? If you have been injured, you do not want some paper pusher on your side!

Picking the right attorney can be as significant in your life as picking the right doctor to treat your illness or the right builder to build your house. The lawyer you hire for your personal injury case should have a track record of taking cases to court in front of live juries and winning. You should ask your prospective attorney many questions such as:

How many personal injury cases have you handled?
What percent of those cases resulted in settlement before a lawsuit was filed?
How many cases have you taken to jury trial?
Are you willing to take my case to trial?
What kind of results have you had in trial?
Are you going to PERSONALLY handle my case if it goes to trial?
What professional organizations do you belong to in order to improve your personal injury knowledge and trial skills?
Have you spoken at seminars for other attorneys on trial practice and personal injury topics?
What experts have you hired for your clients?
Do you advance expenses of litigation?

These are the kinds of questions you better be asking any lawyer you see. I welcome these questions from my clients.

Every professional needs experience, why let someone gain experience on your dime. Remember that the law profession is like any other profession when it comes to experience. When you need help, make sure it’s the best help available so you can get the most benefit from it.

MYTH #2: IF A LAWYER IS ON TV, HE MUST BE GOOD.

Unfortunately, just because a lawyer appears on TV commercials, does not make them qualified to handle personal injury cases. Please do not just rely on slick commercials. If a lawyer does not have the right tools and experience that you’re looking for, then don’t hire him/her.

If you do talk to a lawyer who advertises on TV, then ask him/her the very same questions you would any other lawyer. If all the lawyer had to offer was a slick TV commercial, do you want to trust the care of the most important decisions of your life to that kind of lawyer?

MYTH #3: ALL LAWYERS ARE SKILLED IN THE ART OF NEGOTIATING.

Unfortunately, this is not true. If you’ve ever dealt with a big corporation, you know they can be intimidating and play hardball. They do not mess around when it comes to losing money.

You need a lawyer who can negotiate from a position of strength. That means someone who prepares your case and is willing to file suit and go to trial if necessary to get you full and fair compensation.

The truth of the matter is, most personal injury cases are settled out of court. However, if you do not have a lawyer who prepares as if it will go to trial, you may not get the full value of your claim. A lawyer who prepares to go to trial can negotiate from a position of strength.

MYTH #4: ALL LAWYERS ARE PERSONALY INVOLVED IN THE CASES THEY HANDLE.

Absolutely wrong! Some lawyers have so many cases they don’t have a lot of time to devout to each client! Just try to get one of those busy lawyers to return your phone call, let alone a quick call from his staff. Some lawyers hire paralegals to do a lot of their work. This can be okay, but don’t you think you should be told up front if that is the case?

The bottom line is, no matter how big or small your case, it’s important to you! You need to have a lawyer on your side that is 100% committed to providing quality, personal service and detailed attention to your needs, a lawyer who will treat your case with the utmost important it truly deserves.

MYTH #5: YOU DON’T NEED AN ATTORNEY!

The insurance companies would have you believe that you don’t even need an attorney. Just think about that advise!?! The insurance companies are in business to make money. The less they pay you, the more money that is left for them. You have no experience negotiating the value of a personal injury case. The insurance adjuster makes his living paying the least amount possible.

Sure, the attorney is going to charge you a fee, but nothing in life, that is worthwhile, is free. An insurance industry study shows that claimants represented by an attorney receive more in settlement. Perhaps that is the real reason you need an attorney. Sure, there are some cases that are so small that an attorney may not be able to help. For instance, if you only had one doctor visit and you are absolutely fine, there may not be much an attorney can do. However, if you have a significant injury, you should get significant compensation. I believe that the experience a lawyer brings can result in better settlements in many cases.

MYTH #6: AN ATTORNEY CANNOT HELP IF I ALREADY HAVE AN OFFER.

You may be afraid to consult an attorney if you already have an offer because you think the attorney will take a portion of it as his fee. However, all attorneys do not charge the same. Although a common fee is 1/3 of the gross recovery and sometimes more, some attorneys in personal injury cases will agree not to take a fee out of the money already on the table.

In fact, I have had cases where a client already had an offer when they came to me. I have been willing in some cases to take a fee only out of the additional money that I can produce for the client. If you already have an offer, you may be able to find an attorney who will be willing to work for a contingent fee only on the amount in excess of the offer you already have on the table.

THE WORST THING YOU CAN DO
IS WHAT TOO MANY PEOPLE DO – DELAY OR DO NOTHING!

Way too many people have wished they had acted sooner before important witnesses moved and could no longer be found, before delays or gaps in their medical treatment proved fatal to their case, before they said something or signed something that they should not have. Don’t let delay hurt your chance for full and fair compensation.

MY COMMITMENT TO YOU

If this Special Report makes sense to you in any way, then you probably have a few questions, as it is impossible to cover everything in these few pages. You may be uncertain about whether you have a valid personal injury claim or what to do about it. I offer a free, one-hour consultation and review of your case. I will set aside one full hour to meet with you at no cost and with no obligation! You’ll be able to get all your questions answered and go forward with confidence and peace of mind. You can call me at 513-621-2345 to schedule your consultation.

Practice Centers

Personal Injury
Have you suffered a bodily injury? You may be entitled to compensation
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Car Accidents
Have you been injured in a car, truck or motorcycle accident?
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Workers Compensation
Have you been injured while working? There could be multiple benefits available for you
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Motorcycle Injuries
Have you been injured while riding a motorcycle?
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