Middletown car accident claims, if not settled pre lawsuit are brought in the Court of Common Pleas of Butler, County, Ohio. That is if the damages you are seeking are in excess of $15,000.00 Otherwise your civil claim for car accident injuries can be brought in Middletown municpal court where Judge Mark Wall currently is the Judge.
However the more serious auto accident injury lawsuits are brought in the Courthouse in downtown Hamilton. Ohio . You may get one of 7 judges. The number of civil cases in the Butler county judicial system has risen gradually over the years and the last statistics showed over 7900 civil cases filed per year. This number includes all manner of cases and is just not motor vehicle injury cases.
The current Butler County Judges are Judges Craig Hedric, Andrew Nasteff, Patricia Oney, Charles Pater, Michael Sage,
Noah Powers, and Judge Spaeth. I have had the priviledge of trying an automobile accident jury trial in front of Judge Sage. In years gone by I had tried two cases in front of Judge John Moser. Judge Moser was one of the hardest working Judges I had ever seen sometimes trying two cases at the same time.
In the 1980′s I had the privildge of tryng the products liability defective dump truck wrongful death case known as Bowling v. Heil. That case had over 20 pages of jury instructions with 12 separate questions the jury had to answer. The jury verdict was $1,750,000.00 and the case went all the way to the Ohio Supreme Court.
It would be a rarity for a car crash injury lawsuit to go all the way to the Supreme Court. In fact, even if your Middletown car accident claim does go to a lawsuit that does not mean it will go to a jury trial. Most insurance claims are settled by negotiation or at a mediation prior to a jury trial.
Middletown, Ohio road Map
Middletown also has its fair of interstate crashes as I-75 runs just east of downtown Middletown. Depending on the area of your automobile wreck you may have the Middletown police investigate or the Ohio Highway State patrol. No matter where in Middletown you happen to be involved in an auto mishap causing harm, you should always call the police to document the crash, the parties and the scene. Although in most cases the police will not take photographs. Make sure if you are able to take your own.
If you are seriouly hurt in a Middletown, Ohio accident injury claim it is important to consult with a personal injury trial lawyer. Hiring a lawyer does not mean that a lawsuit will be filed. But without the ability to threaten the insurance company with a lawsuit for your pain and suffering, medical expenses , lost wages and other damages that might apply,you have limited ability to negotiate a strong settlement.
About the Author
Anthony Castelli Attorney has over 32 years experience with personal injury car accident claims soley representing the injured person. He offers you a free consultation and if hired does not charge by the hour, but works on a contingency fee basis.
Middletown car accident injury victims, Call today 1-800-447-6549 for a free car accident insurance settlement claim review. You can meet with Anthony at his office conveniently located off the Union Center Boulevard exit off Interstate 75.
Ohio Motorcycle Accident Injury Lawyer Anthony Castelli on Reuters news sign on Times Square
[Cincinnati, Dayton , Columbus, Ohio May 2013] –
Motorcyclists fatalities have increased over the past decade. Only by increased safety efforts has the loss of life been slowed. That’s why Ohio Motorcycle Accident Attorney Anthony Castelli announced today that he is joining with other federal, state and local and private motorcycle organizations, groups and clubs in proclaiming May 2013 as “Motorcycle Safety Awareness Month.”
All motor vehicle operators are admonished to safely and carefully share the road with motorcycle riders. Please be on extra alert when driving your car or truck to keep motorcyclists safe.
More and more motorcycle riders are taking to the roads from all walks of life. Women are riding in increasing numbers. As the weather gets better you will see more and more bikers on the highways and byways of this great United States.
Motorcycles may be hidden in car and trucks blind spots. That’s why auto drivers need to check twice , before making a move from one lane to another, or pulling out into the roadway or turning left at intersections. This would not only lessen motorcycle car crashes but all kinds of crashes.
Anthony Castelli, a lawyer that rides a motorcycle stated, ” I’ve created and made available to all Ohio motorcyclists the Ohio Motorcycle Safety Kit. All Ohio bikers need to do is call or email me with their name and address and I will send this safety kit to them for free. I was excited to have the opportunity presented by Reuter’s to place my message Watch for Motorcycle in Times Square. But there was more that I though I could do so I created this safety kit. Free to Ohio riders and $11.77 to motorcyclists form anywhere else. ”
The kit includes a “Watch for Motorcycle” bumper sticker, a tire guage, and the Ohio Motorcycle Bible – The Guide to Protecting Ohio Motorcylists and Their Families. For more information about the kit please see the motorcycle safety press release
The debate about motorcycle helmets rages. Riding a motorcycle is now mainstream. My buddy Chopper Charlie has ridden close to a million miles without serious mishap. He never wears a helmet. I asked him to give me the reasons he does not wear a motorcycle helmet. He wrote this article complete with the title. It clearly shows how serious he is. I wear a helmet when I ride. But I will defend your right not to wear one and would fight for your right to justice if injured in a motorcycle accident, whether you had a helmet on or not.
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What we have behind the mandatory helmet laws for motorcyclists are lawmakers, lobbyists and others, including the news media, who act emotionally rather than researching the facts and statistics available from FARS, NHTSA, FHWA, USDOT and IIHS. Using faulty logic, they assume that surely helmets make the motorcyclist safer and less likely to be seriously injured on the road. They are wrong, deadly wrong, never researching the available statistical data.
Data has been reported every year since the early 1970′s by the states and then complied by federal agencies like NHTSA. This data, year after year, always says essentially the same thing: There is statistically significant evidence that helmet use by motorcyclists on America’s highways effectively doubles the chances of being involved in an accident. If the “do-gooders” would examine the facts rather than act on their emotions, they would soon discover that they are actually assisting in the killing of motorcyclists. To me, they are “Accessories to Manslaughter.” The data clearly shows that bikers effectively double their chances of being involved in a motorcycle crash while wearing a helmet on the nation’s highways. The facts are crystal clear and undisputable.
Pick any year at random, the reports are all statically the same, proving that helmets on the highways are killing bikers. Non-fatal crash reports consistently shows 50,000 to 60,000 helmeted riders are involved or injured in accidents every year, compared to only 25,000 to 30,000 un-helmeted riders, consistently reporting twice as many bikers wearing helmets are involved in accidents. In 2011, it was reported that 4,388 motorcyclists were involved in fatal crashes. 2,597 of them died while riding with helmets, compared to the 1,691 who died while riding without helmets, with a 100 deaths marked as unknown. Insurance Company and other independent studies consistently show that nationally 50% of all riders wear helmets, some required by law, some voluntarily, yet, year after year, helmeted riders have almost double the number of accidents and twice as many deaths consistently. If those backing helmet laws are correct, those wearing helmets should have less deaths due to accidents, not more.
Mathematically speaking if 50% of all riders nationwide wear helmets, then the data reported on accidents and deaths would be roughly equal, 50% with and 50% without helmets, but it is always lopsided with far more helmeted riders dead or injured while involved in accidents.
Of the 50 states, 19 now require 100% helmet usage. They represent 38% of the states; yet, those 19 states had 1,871 deaths, far greater then their share. The remaining 31 states with limited or no helmet use laws only reported 2,517 deaths, much less than their share. The 19 states with mandatory helmet laws reported almost 43% of all deaths nationwide. Even when taking into consideration the states populations, highways systems, and number of motorcycles registered, it is still more dangerous to wear a helmet. It is of my opinion that those persons who promote mandatory helmet laws should be liable for contributing to manslaughter. Neither state and federal employees, nor our elected officials should be exempt from their culpability in any manslaughter case.
What I know with certainly is this: Wearing a helmet on the open road statistically “DOUBLES” your chances of being involved in a motorcycle accident and dying. I’d be an idiot to wear anything that interferes with my vision or hearing, when micro-seconds in reaction time make life or death decisions. Statistics prove helmets are a hazard to a biker’s navigational abilities so why would anyone want to double their chances of a being in a crash?
Chopper Charlie
References:
National Highway Traffic Safety Administration. Fatality Analysis Reporting System. Washington, DC: US Department of Transportation, National Highway Traffic Safety Administration; 2011. Available at http://www.nhtsa.gov/FARS.
Federal Highway Administration. Highway statistics 2010: annual vehicle distance traveled in miles and related data—by highway category and vehicle type (table VM-1). Washington, DC: US Department of Transportation, Federal Highway Administration; Available at http://www.fhwa.dot.gov/policyinformation/statistics/2010/vm1.cfm.
National Highway Traffic Safety Administration. Countermeasures that work: a highway safety countermeasure guide for state highway safety offices. 6th ed. Washington, DC: US Department of Transportation, National Highway Traffic Safety Administration; Available at http://www.nhtsa.gov/staticfiles/nti/pdf/811444.pdf .
National Center for Statistics and Analysis. Motorcycle helmet effectiveness revisited. Washington, DC: US Department of Transportation, National Highway Traffic Safety Administration; Available at http://www-nrd.nhtsa.dot.gov/Pubs/809715.pdf
Insurance Institute for Highway Safety. Motorcycle helmet laws history. Arlington, VA: Insurance Institute for Highway Safety, Highway Loss Data Institute; 2012. Available at http://www.iihs.org/laws/helmet_history.html
National Conference of State Legislatures. State traffic safety legislation database. Washington, DC: National Conference of State Legislatures;
Ulmer RG, Northrup VS. Evaluation of the repeal of the all rider motorcycle helmet law in Florida. Washington. DC: US Department of Transportation, National Highway Traffic Safety Administration; Available at http://www.nhtsa.gov/staticfiles/nti/motorcycles/pdf/809849.pdf
Cook L J, Kerns T, Burch C, Thomas A, Bell E. Motorcycle helmet use and head and facial injuries: crash outcomes in CODES-linked data. Washington, DC: US Department of Transportation, National Highway Traffic Safety Administration;
National Highway Traffic Safety Administration. Traffic safety facts, 2009: motorcycles. Washington, DC: US Department of Transportation, National Highway Traffic Safety Administration; Available at http://www-nrd.nhtsa.dot.gov/Pubs/811389.pdf
Just because a lawyer is listed in a lawyer referral service on the internet does not mean they have any particular qualifications more than any other lawyer for your case. As a personal injury lawyer I have reviewed many lawyer referral services and lawyer directories. Most of them just require you to sign up and there is no particular vetting process.
For instance the Cincinnati Bar Association has two types of Lawyer referral services. The lawyers must me members of the Cincinnati Bar Association and be in good standing and carry insurance. The rest of the information required is by the lawyers own certification and is limited. One directory requires the lawyer to pay $150 a month and the other lawyer source is less. Although there are certainly good lawyers in these services and the Cincinnati Bar association does a lot of good work there is not a serious deep vetting process.
Peer Review Lawyer Referral Services May Provide More Significant Evaluation and Information
There are three services that in my opinion stand out as more valid rating services of Lawyers . They are generally broken down by practice area and have specific criteria that each lawyer must meet. These services verify the information. Additionally a peer review process where ratings of these lawyers are collected from other lawyers and/or judges serves to give validity to these services.
These services generally rate the lawyers on ability and ethics. So its just not a pickem process by throwing darts, but a comparison of the rankings can serve to differentiate the skills and ability from one lawyer to another.
The Big Three Lawyer Rating Services on Finding a Advocate
The big three lawyer rating services by category such as personal injury or other practice areas are AVVO, Martindale Hubbell, and the Super Lawyers. You may want to check each one of these services. Some lawyers are top ranked in all of these services. That would seem to be a good place to start your process of choosing a lawyer that is right for you.
Martindale Hubbell
Matindale Hubbell is the grandaddy of them all. Their highest peer review rating is AV or preemminent. MH describes their ratings as “an objective indicator of a lawyer’s high ethical and professional ability, from evaluations of lawyers by other members.”
Lawyers are first rated ethically and then on Legal Knowledge, Analytical abilities, Judgement, CommunicationAbility, and Experience.
The ratings go from 1-5. Martindale states that “ AV Preeminent® (4.5-5.0) - AV Preeminent® is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.”
AVVO
AVVO states that its rating is an effort to evaluate the attorney’s background based upon known information. They use years in practice, disciplinary history, professional achievements and industry recognition among others. They periodically collect background information from court records, websites, and state bar associations and give their rating based on a numerical ranking from 1-10.
They believe their rating is helpful because it is unbiased, does not show favoritism, is developed by legal experts and is easy to understand. They clearly state that this rating is not the only thing you should use to choose a lawyer. That is why they provide a place for lawyer reviews by lawyers and clients.
Super Lawyers
Super Lawyers describes itself as s a rating service of outstanding lawyers from more than 70 practice areas who have got a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
They have been granted a US government patent on their selection process for a lawyer to be named a “Super Lawyer.” The final published list represents no more than 5 percent of the lawyers in the state.
Do your Own Research
It is important to do your own research and review the lawyer’s website. Testimonials of former clients and case results are also a good place to look. Many lawyers now provide videos so you can see how the lawyer apperas and relates to you the legal consumer. For more information on choosing a lawyer download the book I wrote on Lawyer
advertising. Click here for a free downloadable ebook.
Anthnoy Castelli is listed as an Ohio Super Lawyer in Personal injury . He is peer review ranked preeminent by Martindale Hubbel, their top rating. AVVO ranks him as a 10 out of 10 Superb. Click on the following links to see his rankings.
Call today to speak with Tony for a free claim evaluation locally in Cincinnati at 513-621-2345
Meeting office satellites available by appt in Columbus, Dayton, and West Chester, Ohio. If you can not get to Tony he will be happy to come to you. 1-800-447-6549. He practices bodily accident harm law throughout Ohio.
Autism is becoming a national epidemic and damages for vaccine caused injury may be recovered from the United States vaccine court. There are many illnesses that are listed . But the main requirement is proof of injury from a listed vaccine. Although controversial, recovery of compensation is available if your claim can be proven.
What Is The National Vaccine Injury Compensation Program
This is a United States federal program that provides compensation to people injured by certain vaccines. The U.S Court of Claims decides who will be paid. The National Childhood Vaccine Act of 1986 created the Vaccine In jury compensation program. It began in 1986.
Some diseases are presumed to have been caused by certain vaccines. For example pertussis is presumed to have caused a disorder of the brain (encephalopathy) is symptoms occured within 72 hours of administration of the vaccine. It is not necessary that the table be the sole method of proof. Just the fact that a listed vaccine caused injury can allow for an award of substantial damages depending on the harm caused.
Damages Recoverable in Vaccine Court
The damages can be in the millions of dollars. All past and future non reimbursable medical, custodial, rehbilitation costs can be awarded. Lost earnings. Pain and suffering up to $350,000. and attorneys fees.
Recently it was reported that the vaccine court awarded millions to two children with autism. ( Huffington Post ) Both children had autism and both children had encephalopathy. It was the brain damage that presumably led to the autism.
One child was given MMR and hepatitis vaccine as alleged to have caused the injury. Another child was given the Dtap vaccine. These injuries went beyond only the injury of autism and it was thought that the encephalopathy induced the autism spectrum disorder ASD, as well as allegations seizure disorder and asthma.
You Must Act Quickly
The statute of limitations is very short. Only three years following the symptoms and two years in case of death. So if you think your child was injured by a vaccine be it autism or any other disorder contact a personal injury lawyer for a consultation.
About the author:
Anthony Castelli attorney has over 32 years offering uncompromising advocacy and uncompromising compassion for those injured and disabled. He worked with autistic children in the state mental hospital while working his way through college. He welcomes your call for a free case evaluation on any personal injury claim and claims for vaccine related injury. Call 1-800-447-6549.
Despite all the advertising Allstate does about “good hands” their sole interest is profit for their shareholders. They were one of the first car accident insurance companies to use computer programs to miscalculate your damages for your harms caused by negligence.
But that was not the worst part. They had what’s called a second look. Adjusters were bonused if they settled for less than the computer would have offered. I have seen their claim file in a motion for prejudgement interest.A now deceased lawyer that I used to try cases against also confirmed this.
Their tactic of delay, deny, defend and lowball has yielded results. Some lawyers will not take claims against Allstate. It’s no coincidence that a many of my jury trials were against Allstate. There is an opportunity for great success against Allstate in the right claims.
There is good reason why the Association for Justice rates Allstate as number one of the 10 worst insurance companies in America. If their tactics did not work to make them money they would not use them. But they can be defeated because of their greed. Here’s an excerpt about Allstate from the ten worst insurance companys:
“There is no greater poster child for insurance industry greed than Allstate:
Allstate’s mission is clear: “our obligation is to earn a
return for our shareholders.” Unfortunately, that dedication
to shareholders has come at a price. According to
investigations and documents Allstate was forced to
make public, the company systematically placed profits
over its own policyholders. The company that publicly
touts its “good hands” approach privately instructs
agents to employ a hardball “boxing gloves” strategy
against its own policyholder.”
What I Require to Take a Claim to Trial
1. A forceful collision
2. Serious injuries
3. A sympathetic likeable plaintiff ( the injured party)
Allstate will low ball and chances are under this scenario a jury will set them straight. This video tells the story of how Allstate miscalulated against me and my client and we turned a $25,000 policy into a $100,000 recovery. All paid by Allstate.
Don’t waste your time dealing with Allstate by youself. Get legal help. It’s what they understand and often underestimate.
Call for a free consultation before it’s too late. You will talk to me personally at 513-621-2345
Are you thinking about handling your own injury car accident claim? You may want to take a look at this presentation by insurance company lawyers. The adjuster presuit has the same mentality. This gives great insight into the tactics auto insurance companies use to defeat you.
Click on the link above to see the tactics the insurance defense attorneys use and suggest their comrads adopt. It’s all designed to show that the injured person is greedy and to illegitimize their claim. The tables can be turned because many defense lawyers will over reach themselves. The key is to not seek more than the claim is worth. The key is to show that you have done everything in your power to get better.
This is an excerpt from the defense insurance industry presentation:
When You Actually Get to Trial:
Theme of case
–Every case should have a central theme that you wish to convey to the jury;
–Plaintiff overreaching on damages;
–If a clear liability case, to concede or not to concede liability and concentrate on damages;
–Adopt conciliatory tone on liability but not on damages;
So there it is in a nut shell. If they can make you look greedy they believe they win. You know what? They are right.
Source: Here is a wonderful google plus community moderated by attorney Mitch Jackson, where I found this insurance defense lawyer presentation that he shared. ( Trial Lawyer Tips ) It is instructive for lawyers and layman alike. It demonstrates why those harmed by the negligence of others would do well to arm themselves with experienced personal injury Trial Lawyers.
If you are looking for uncompromising advocacy designed to get you all you are due in compensation, care and respect call me today for a free case evaluation.
The year long practice of keeping the name secret of the Social Security Disability Judge that would hear your disability claim appeal has been rescinded. This practice started mysteriously, the rationale was never fully articulated , and just as mysteriously has come to an end.
The National Organization of Social Security Claimant’s Representatives ( NOSSCR ), of which I am a member, just sent me an email in that regard. This policy was thought to have been put in place because of allegations of Judge shopping. Something that I never knew that could be done and I know of no representative lawyer who did this.
However this was implicated when the United States Senate put wording in a bill report 112-1176, fiscal 2013. Part of the rationale was the declination of a video hearing. I guess if you knew the Judge and liked him you would decline a video hearing of a judge you were not as sure of. The committee stated in part:
” The Committee directs SSA to submit a report to the Committee on Appropriations of the Senate no later than November 1, 2012, detailing the type and scope of abuse under the previous policy and alternative policies that were considered or could otherwise be less intrusive.”
This policy was strongly attacked by social security lawyers. In fact, many had used the federal freedom of information act to get the name of the Judge. Why is this important you may wonder? Each judge has their own peculiarities as to what they wanted to see in a case. While the standard for granting disability benefits is always the same, ” the inability to perform any gainful employment for one full year” the facts or witness that each judge saw as crucial to be presented could vary .
Some judges liked to see third parties verify the claimant’s story and testify at the hearing. Some judges did not see this as critical. Some judges would pay great attention to a pre-hearing memorandum of counsel setting out the critical facts and legal issues. Other judges would not pay it as much attention.
Of significant importance was preparation of the claimant. Each Judge has there own way of questioning the claimant. Some just look for answers to questions the record has not revealed. others seek to see if the claimant will overstate their case or conratadict the record of their prior statement to harpoon the claimant’s credibility.
Nancy Schorr executive director of NOSSCR got the email this morning which stated in pertinent part:
Beginning on April 20, the agency will resume disclosing the name of the ALJ assigned to a hearing when it sends out a Notice of Hearing. (Note: Under our rules, we must send out this Notice at least twenty days before the hearing, but typically we send it out 60-90 days prior to the hearing.)
About Anthony Castelli
Anthony is an Ohio lawyer that has practiced social security disability as well as personal injury law for over 32 years. His video, 3 Critical mistakes that can Ruin Your Social Security Claim has over 58,000 views. He invites you to call him at 1-800-447-6549 for a free consultation if you live in Ohio and have questions about social security disability.
As an Ohio Car accident attorney I often help car accident injury victims with back pain get money from insurance companies. It is called justice. It gives me great satisfaction to help a harmed client get their life back together physically and financially. In order to do this it is critical to be able to prove that the injury ( in many cases a back or neck disk injury) was caused by the automobile crash.
Here’s The Methodology Developed Over the Last 30Years To Prove Your Auto Crash Back Injury
Educate myself about the medicine involved and how the medical specialists make their judgement
Ultimately a doctor that treats my client is going to have to give me an opinion that the disk injury was caused by the car collision in question. I have to immerse myself in the medicine regarding the kinds of disk injuries and the kinds of evidence doctors look at to see if it was caused by trauma or was there another cause, such as wear and tear or the natural aging process.
You need to know the difference between a bulging and herniated disc, as a bulge is more likely to be a common age related finding. ( Source Mayo Clinic ) Of interest is the illustration above (showing two vertebrae and one disk) calls it a bulging disk and I renamed it a herniated disk. Unfortunately many doctors use the terms interchangeably when they are two different entities. The bulge looks more like the disk appearing beyond the confines of the vertebrae in at least 180%. whereas a herniation also sometimes called a protrusion is more focal in size and shape.
In the illustration above the disk is pressing on the nerve in the low back. this normally will cause the nerve to be painful and as it goes down the leg the individual would feel pain down the leg.
The Patient History: Their Story Is Critical
What the patient says about how they were injured and what their pain was like is critical. If the pain went into the buttock or down the leg there is suspicion of nerve compression by a disk. Couple that with a history that there was no blow to the leg that could be causing the pain then the suspicion is that the disk has herniated and is pinching the nerve like our illustration.
When did the pain start in relation to the car accident or other traumatic event. If the pain started two weeks later in the back and two months later in the leg many doctors would not relate the disk injury to the car wreck. But if the injury in the back and the pain radiating down the leg was immediately or within a day or so of the event the evidence is stronger that the car collision caused the disk injury.
What was the past medical history of my client. Did they ever have back or leg pain before. If they did and it persisted the question becomes Was the disk problem already there? Was there any past medical treatment for back or leg pain? If the pain was years before and went away and did not come back that can be seen as an isolated strain or sprain and not a disk issue. So past history is critical.
What Do All the Medical Records Say
People have a tendency to forget as time goes on the pain they had if it was inconsequential. In a few cases some claimants get scared and lie. That kills a case and rightfully so because their credibility is compromised. So it is important to gather past medical records from family doctors as well as from any orthopedic doctors. If there is no indication of any back complaints then the case is stronger for the current trauma being the cause of the problem.
It is important of course to get all treating doctors’ records. You want to compare the history the client gave you to what gets in the records. Sometimes it gets recorded incorrectly. Then you must tell the doctor the correct history to see if that affects his opinion as to causation.
What Do the Clinical Tests and MRI and X-Rays Show
First a diagnosis of the problem has to be made. Is is a disk injury or is it a fracture of the vertebrae or is it arthritis. The correct diagnosis must first be made and then the cause of the diagnosed condition can be better clarified.
If the disk space has narrowed and there is some arthritis in the back on the vertebrae then that may lead to a conclusion that the herniation has been caused by degenerative age and/or wear and tear and not the trauma. Although degenerative effects can be aggravated and cause more severe pain. But if the vertebrae are clean and the disc height is normal and well hydrated then this leads to more of a traumatic event as being the cause. In a rare case you will have fluid and swelling seen around the disk. This is strong evidence of a disk injury caused by a car accident. But rarely is the fluid or edema ever seen on MRI.
How Old Is the Man or Woman That Was Injured
Medical evidence and most doctors agree that after a certain age in the 40-50 year old range, 40-50% of the population has a herniated disc. Many have no symptoms at all. So if it’s a younger person then it is more likely a traumatic event.
Is the Patient Believable
The truthfulness of the claimant is critical. If they claim they can not do certain things, and that the pain is intolerable yet they are on Facebook running a marathon then their whole case comes into question, even if the MRI shows a herniated disk. Also do they appear to be trying to get better? Are they going to therapy? Are they following doctor’s orders?
What Does the Doctor Say and How Do They Say It
It is important that the doctor treating the patient has all the facts straight. Then when they write their report are they strong in their conviction that the car crash caused the herniated disc? Do they know the mechanism of injury? Was it a rear-end collision? Were the forces violent enough to show significant car damage? When did the pain start and where?
Was the Injury Causing Event Believable
If there was very little or no car damage it can be hard to persuade many people that the event caused the injury. Although many doctors will say the amount of car damage is not significant some doctors will. Most jurors just do not accept a severe herniated disk can be caused from an accident where there is no car damage and the offending party says their foot slipped off the brake and they rolled into the car in front of them.
What Medical Literature Is Reliable and Helpful
If it comes down to a disagreement between the treating doctor and the doctor the insurance company hires it is important for me to buttress my case with helpful medical literature. All I need to do is have one of the doctors say the literature is reliable and I can use it to ask the insurance doctor if he agrees or disagrees with what is stated in the literature. This in effect gives me a written witness that supports my client that the disk was caused by the car accident. There is plenty of helpful literature out there. But for now I will keep that to myself.
Recently I asked an orthopedic surgeon from Tampa Florida, Dr John Shim, if he would give us his thought process on how he determines if a disk injury was or was not caused by a car collision. You may agree or disagree with Dr Shim, but his thought process is instructive. Click here to read his article.
Anthony Castelli has over 30 years experience in car accident claims and over 25 civil jury trials. He is rated preeminent by Martindale Hubbel and Superb by AVVO. He is also listed by Super Lawyers Magazine as an Ohio Super Lawyer in personal injury. He will discuss your case with you at no charge. Anthony will take your case only if he thinks he can put more money in your pocket than you could do by your self. So he limits his practice to serious injury. Anthony practices throughout Ohio and will come to you if you can not get to him. His fee is contingent on recovering money on your behalf. He can be reached at 1-800-447-6549 or in Cincinnati locally at 513-621-2345.
WLW in Cincinnati has the idea about Drunk Driving and injuring and maiming people all wrong and MADD has it all right. While driving down the road listening to WLW , lord knows why, I heard them interviewing an attorney telling you what to do to beat a Driving Under the Influence DUI aka DWI, Driving While intoxicated.
As a personal injury lawyer I can tell you in my opinion the mothers against drunk drivers have got it right. Don’t call me if you are picked up for a DUI. I will not defend you. Hurt one of my clients or a car driver that becomes one of my clients and I’ll come after you for compensatory as well as punitive damages.
Thousands Are Slaughtered and Maimed by Drunk Drivers
In 2010, 10,228 people were killed in alchohol-impaired driving crashes, accounting for 1/3 of all traffic related deaths in the United States. Everyday 30 people are killed in alchohol related car crashes. Source CDC . Does WLW care when they are interviewing the partner of Bill Cunningham about how to beat a DUI (what to do if you are stopped). I don’t think so. He’s a bright guy and a good lawyer. And I don’t begrudge him his business or free publicitiy. And he’s not advocating drinking and driving. But still it rubs me the wrong way.
So I’m going to side with MADD. Since they have got involved, drunk driving injuries and fatalities have decreased. In fact according to Mothers Against Drunk driving fatalities have been cut in half since 1980. You can make an impact on this number and drive it even lower. Just maybe you can get a drunk driver off the road before they hurt someone.
What You Can Do To Stop Drunk Driving If You See It
If you see someone weaving, driving on the wrong side of the road, slowing up then going faster back and forth, drifting off the road, any signs of impaired driving: try to get the license number. Pull over and call 911 with the location , the direction and the identifying characteristics of the car or other motor vehicle. Just maybe the police will get them before they hurt or kill someone.
So mothers against drunk driving I commend you . They suggest interlocks on all convicted of drunk driving. If you don’t blow you can not go. At least 1/3 of drunk driving crashes are repeat offenders. So if they can’t start their car unless they blow alchohol free breath the world’s a better and safer place. Call your Ohio legislater today.
Anthony is an Ohio personal injury trial lawyer . He has practiced throughout Ohio. Primarily in Southwest Ohio, including courts in Columbus, Dayton, Cincinnati , Mason, Batavia, Hamilton, Lebanon and even farther north. With 30 years experience he has seen unbearable pain and anguish caused by motor vehicle accidents. If a drunk driver hurts you or merely a careless driver, Anthony is available for a free, no obligation consult. He will not take your case unless he thinks he can put money in your pocket. Call 513-621-2345 0r 1-800-447-6549. His web site is www.castellilaw.com
