Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

Archive for June, 2010

Cincinnati Accident Attorney- Don’t Let Big Insurance Invade your Privacy

Monday, June 28th, 2010

Personal injury victims do not give big insurance all of  your  medical records. When you bring a claim for bodily injury the insurance company will want you to sign a release to get your medical records. All of your medical records whether related to your claim or not. They are fishing for evidence against you and will not stop at records they are allowed to get.

Your medical records are privileged and are protected by statute in Ohio.  The only records the insurance company are entitled to are those related historically or causally to the instant injuries. This means they can get any records from your past if the relate to the same body part that you are claiming injury for.

In the case of Mason v Booker the insurance lawyer wanted all the records from a hospital where  Ms Mason had been treated. The court stated they only get those records that relate to the current injury. How this is determined is that the judge looks at the records in private and makes the determination.

So just rember your life is not an open book when you bring a lawsuit. Don’t sign the insurance company authorization that allows them to get everything or you will have given up your rights.  Let your own accident injury  attorney get all the records anf if their is nothing in there of a personal or embarrassing nature you then can decide if youu want to let the insurance company review all the records.

So just because you were treated at an emergency room for the injury doesn’t mean they get all your records. Though many insurance laywers will try to get things they are not entitled to. Don’t let them intimidate you. After all it was their insured that hurt you.

by Cincinnati car truck motorcycle accident injury attorney  Anthony Castelli. Call Tony today for free to get the help you need 1-800-447-6549

 

Anthony Castell accident injury lawyer

8170 Corporate Park drive #220

Cincinnati, Ohio 45242

513-621-2345

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Cincinnati Accident Attorney Reports on Motorcycle Open House

Tuesday, June 22nd, 2010

  Harley Davidson of Cincinnati held its open house last Saturday. It was great to see the mix of people enjoying the motorcycles , the booths and vendors and the Dallas Moore band.  They had food on the grill and a tented area where you could sit and relax , eat and enjoy the music.

  There was everything form space age energy bracelets to decked out mortorcycle caskets.  I do have do say that was a bit unusual.  Every time I go to a motorcyle biker event I’m blown away by the friendliness of the people and the camaraderie that exists in the biker community.  Surprisingly the only thing I did not see was a tatoo booth.  Of course tatoos have now gone mainstream  though I’m not ready to take the plunge.

 Powder Keg  Harley Davidson Motorcycle has  its bike nights throughout the summer on Friday nights. This Friday I plan to run up there to enjoy the evening and see what their bike nights are all about.  Sure its great to hop on my Harley Lowrider and enjoy the ride. That’s what its all about. But the added benefit of the comraderie and social activities and charity runs of the motorcycle community make motorcycling all the more fun.

So far this year my wife and I have been to the bikers ball, The Iron Samaritan’s biker blessing, the Clermont county Motorcycle accident  safety event and the Harley Davidson open house. I usually take some Watch for Motorcycles bumper stickers with me  as motorcycle safety awareness for bikers as well as car owners continue to be a focus for me.  I offer them free to anyone willing to display it. If you would like one just give me a shout.   Right now I represent five motorcycle riders for significant motorcycle injury. These accidents were all the fault of car drivers. So its important that we raise the cager’s awareness.

By Cincinnati Attorney  Motorcycle Accident injury Anthony Castelli . Call today for a free consultation to get the help you need to get the compensation you deserve 621-2345 or visit my web site  to learn what to do.

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Cincinnati Social Secuirty Disability Attorney 5 Key Tips

Friday, June 18th, 2010

 5 Tips that could help you win your Social Security Disability case by a  Cincinnati Social  Security Disability Attorney 

 1. When you file your application do not give overqualification of your job experience

 2. When you fill out your work history report regarding the physical characteristics make sure you put the maximim in terms of what you had to lift carry etc.

     These two things answered correctly can show that your limitations now are such that you can not do your former work.

 3. If your application for social security disability gets denied make sure you file an appeal.  As social security does not file one for you. And make sure its timely.

 4. Apply for social secuirty benefits as soon as it appears that you will not be able to work for one full year

 5. Make sure you have good medical care and you follow your doctor’s instructions and direction.

 For answers to your questions or help with your social security disability application call Anthony Castelli attorney right now for free at 1-800-447-6549 or email him at his web site www.castellilaw.com

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Cincinnati Workers Compensation Attorney

Sunday, June 13th, 2010

One critical question you must ask before you hire a Cincinnati Ohio Workers compensation attorney.

If you have been hurt at work in the State of Ohio you have the right to file a workers compensation claim. However the workers compensation system is fraught with traps for the unwary. In fact the Ohio  workers compensation system is so specialized that the Ohio State Supreme court has granted attorneys  that pass the requirements to call themselves Certified specialist in Ohio workers compensation law. The Ohio State bar association administers the attorney certification process.

The Ohio State Bar Association “specialization program” was created to give licensed Ohio attorneys the ability to become certified as specialists in particular areas of law. OSBA certification is a voluntary process that requires a commitment to excellence. Ohio attorneys who are certified as specialists by the OSBA must take and pass a written examination in their specialty field, demonstrate a high level of substantial involvement in the specialty area, fulfill ongoing education requirements and be favorably evaluated by other attorneys and judges familiar with their work.

All attorneys licensed to practice law in Ohio must have graduated from an accredited law school, passed an intensive examination, and attended continuing legal education courses as required by the Supreme Court of Ohio. Some attorneys who devote a large part of their practice to a particular area of the law may choose to go beyond these requirements to earn specialty certification. This means that they have:

  • Demonstrated substantial and continuing involvement in a particular field of law, meaning they must devote at least 25 percent of their practice to an area of law;
  • Submitted five individual references attesting to their competency in the specialty field;
  • Earned a minimum of 36 hours of intermediate or advanced continuing legal education credits in the specialty area during the past three years as part of the continuing legal education credits required of all attorneys;
  • Remained in good standing with the Supreme Court of Ohio; and
  • Proven financial responsibility by maintaining minimum professional liability insurance coverage.

Basically a  Cincinnati Ohio workers compensation specialist attorney has demonstrated special competence in the area of Ohio Workers compensation law. As of the time of writing the originsal article there are only approximately 23 attorneys in the Cincinnati area listed as specialists. I was one of them but no more. I decided that the clients that hired me did not know that I had been certified. It became a scramble at times to get in all the hours. Additionally my practice in the personal injury area had grown  so that I no longer met the requirement of 25% of my time ( at least income wise) was spent on workers compensation.

The fact also is that the educational requirements on a year over year basis were somewhat of a burden especially in light of little changes in the law. Though incrementally it seemds that it’s more diffifcult for workers to get a fair shake and a descent compensation package without numeorous hearings. Maybe that’s why it seems so few young attorenys are willing to help clients negotiate this maze of arcaine laws often interpreted to defeat the injured worked.

An attorney may also focus and have significant experience in several other areas of  law. But they may not designate themselves as a specialist as  there  are only  8 areas of law   such as trust, property , family law  etc that this is permitted in Ohio.

I was lucky enough to mentor under a fantastic personal injury car accident lawyer as well as his partner who handled workers compensation and social security disability.  So those are the three areas of law that I have dedicated the last 28 years to.

In fact I have written and made a  video on how these three area of law can interconnect.  If you are hurt at work you may have three sources of compensation for your injury . Watch this video to make sure you get all the compensation you deserve.

So before hiring a cincinnati workers compensation attorney ask them  if they are experinced  in Ohio workers compensation. This is different than being a certified specialist. The certification process is good but some changes need to be made such as allowing lawyers that pass testing and knowledge requirement not have to devote 20 % of their practice to workers compensation and lightening up on the recertification process.

Call me today for free  at 1-800-447-6549 to get the help you need to get the compensation you deserve.

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Cincinnati Car Accident Attorney Injury Settlement

Sunday, June 13th, 2010

 Cincinnati Car Accident Attorney tells How He Determines what yout injury case is worth

 If you have sufferred a personal injury the whole goal of a car accident attorney is to get you money compensation to make up for the harm caused by your injury.  Many cases are settled out of Court. Some cases get filed into Court and get settled and some cases actually go to a jury trial.

So its important to know what your case is worth in your area since the most important thing in determining the value is what is a jury in your area likely would place on your injury. If the insurance company comes close to that amount your case should settle.  The best any accident  attorney can do is come up with a range. Many things are factored into this. First and foremost is the injury clearly the legal fault of another. If it is you go to the next step and detemine what is the injury and is it clear that the defendant’s fault/negligence was the cause of the injury. Sometimes the injuries are disputed. So the case is going to be worth more if there is a clear injury rather than one that is unclear.

One thing that factors into the equation is how much damage was there to one or both of the cars involved.  Even though it is possible to sustain a significant injury with minimal car damage it is not easy to win the jury or the insurance company heart in that case.

Then of course what was the injury. Did you require back surgery? Do you have permanent limitations. How much are the economic losses. How much are and will be your medical bills. How have you life activities been changes. From this information an experienced car accident injury attoreny can give you a fair approximation of what your case is worth.

One more very important thing. Do you have an attorney representing you that is an experienced accident  attorney that has gone to many trials in the past. There is an insurance company study that shows you are likely to end up more than if you were represented by an accident injury attorney than if you are not.

by Cincinnati car accident injury attorney Anthony Castelli. Don’t be a victim twice. Call Tony today to get the help you need. For a free consult call 1-800-447-6549

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Cincinnati Attorney Educational Videos on the Internet

Friday, June 11th, 2010

 Cincinnati Attorney Anthony Castelli has made educational videos available on the internet.  These videos cover 5 separate topics:

General Cincinnati and Ohio Personal Injury          Cincinnati Ohio Motorcycle Accident Injury

Cinincnnati Ohio Car Accident Injury                        Cincinnati Ohio workers compensation Claims

  Social Security Disability. 

  These videos can be found on his web site www.castellilaw.com . Or you can go to his youtube channel http://www.youtube.com/user/castellilaw where he has all 34 of his videos.

The video library on his site has the topics of Cincinnati personal injury, Cincinnati, Ohio workers compensation, Cincinnati Motorcycle accidents and Social security disability

  These videos will help you answer some of the questions you have about your case. Such as:

 1. What damages can personal injury accident victims  recover in Ohio.

 2. The most important question to ask a personal injury attorney before you hire them.

3. Insurance company Quick Settlement dirty tricks.

4. Do I need an attorney to Settle my auto injury claim

5. How to hire a great car accident attorney

6. How to hire an attorney without paying an hourly fee.

7. Two critical mistakes personal injury victims make

8. Allstate policy of $25000 turned into $100,000.

9. Why was my Ohio workers compensation check stopped and  can my Cincinnati workers compensation attorney help .

by Cincinnati car accident injury attorney  Anthony Castelli call for a free consultation to get your questions answered and the compensation your deserve 1-800-447-6549

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