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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 Specialist

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. There are only approximately 23 attorneys in the Cincinnati area listed as specialists.

 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 the  if they are certified as a specialist in Ohio workers compensation.

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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    Posted in cincinnati workers compensation attoreny, cincinnati workers compensation attorney | 1 Comment »

    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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    Cincinnati Attorney How to Find an Injury One

    Thursday, June 10th, 2010

     Unfortunately you have been injured in a car , truck or motorcycle accident . Your injury occured in Cincinnati Ohio. So you want to hire a cincinnati car accident injury attorney.

    With the advent of web sites the one determining factor can be video .  Legal tube television discusses the impact of video .  Of course they charge attorneys to place their video so just because someone is on legal tube doesn’t mean they are a great attorney. But their comments about video are realistic.

    “One of the key factors when people find a lawyer, or any other professional service provider, is compatibility based upon a variety of individual personality factors, which have previously been best expressed in a person-to-person meeting, but now online attorney videos help people find the best lawyer for their needs without leaving their homes

    When someone turns to the web to find an attorney today, they are greeted with such a large number of options that it is difficult for someone to know if he or she is method to find the best lawyer for that specific legal need. With many attorney web searches yielding millions of listings of lawyer web sites, web news articles about lawyers, online attorney directories and other attorney advertising, many people report confusion and even frustration when trying to find a lawyer online.

    Lawyer videos provide users are an insight into the level of personnel service they will receive as well as the knowledge and experience of a lawyer in a specific area of the law and demonstration of special skills, such as being bilingual, an important factor for persons wishing to personal  injury accident attorney.  These and other minute details that allow a prospective legal client to get that special feeling about a lawyer in order to retain that attorney or law firm’s legal counsel.”

     Look for attorney videos that help answer some of the questions you have about your case.  You can go to my channel on you tube  for instance find How to hire an attorney or What not to say to the adjustor.  Or you can search google video. Type in the key words. Always include the geographical area such as Cincinnati . But there are many key words you can use to bring up a Cincinnati attorney video. Here are just a few:

    accident attorney,  accident lawyers,  accident claim,  accidents attorney

    auto attorney,  auto injury attorney,  auto accident attorney,  accidents injury lawyers accident claim,  accident claims,  car injury,  car lawyer, car attorney, car crash attorney car crash lawyers, claim injuries,  injury compensation, injury law firms, injury attorneys injury claim, injury settlements, personal injury,  claim amounts, lawsuit injury,  personal injury firm, personal injury law, vehicle injury,  truck accident, tractor trailor accident lawyer , motorcycle accident lawyer, motorcycle injury attorney

    by Anthony Castelli Cincinnati Mason west chester personal injury and accident attorney. Call 513-621-2345 for a free consultation.

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    Cincinnati Attorney Explains How to Stop Unintended Acceleration

    Wednesday, June 9th, 2010

     Cincinnati personal injury accident attorney explains how to stop in an emergency if your car accelerates out of control.

    With all the news that Toyota car has gotten about its cars speeding out of control it is even more important to know what to do to stop the vehicle.

    Essentially you want to put the car in neutral and push and hold the brake. Then when your car stops turn off the vehicle

    Here is a great video that explains what to do if your car suddenly speeds up . <object width=”480″ height=”385″><param name=”movie” value=”http://www.youtube.com/v/FT07_JbnKWQ&hl=en_US&fs=1&”></param><param name=”allowFullScreen” value=”true”></param><param name=”allowscriptaccess” value=”always”></param><embed src=”http://www.youtube.com/v/FT07_JbnKWQ&hl=en_US&fs=1&” type=”application/x-shockwave-flash” allowscriptaccess=”always” allowfullscreen=”true” width=”480″ height=”385″></embed></object>

    If you have a car accident injury call Cincinnati car accident injury attorney Anthony Castelli for the help you need 513-621-2345

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    Cincinnati Injury Accident Attorney Toyota Recall See it

    Wednesday, June 9th, 2010

      The recall of the sudden unintended acceleration of the Lexus 2007 es 350 was done in the latter part of 2007. Here is a summary of the recall. Essentially the all weather floor mats could catch the gas pedal so it would stay in acceleration mode.

    Summary:

    CERTAIN ALL WEATHER FLOOR MATS (AWFM) SPECIFICALLY SOLD AS AN OPTIONAL ACCESSORY FOR USE ON THE 2007 AND 2008 MODEL YEAR LEXUS ES350 AND TOYOTA CAMRY VEHICLES. THE AWFM INCLUDES TWO GROMMET HOLES AND RETAINING HOOKS (CLIPS) TO SECURE THE MAT TO THE VEHICLE’S CARPET. IF THE AWFM IS NOT SECURED BY ITSELF OR IF IT IS PLACED ON TOP OF AN EXISTING CARPETING FLOOR MAT, THE MAT COULD MOVE FORWARD DURING THE VEHICLE USAGE AND IT MAY INTERFERE WITH THE ACCELERATOR PEDAL.

    Consequence:

    THE ACCELERATOR PEDAL MAY TEMPORARILY BECOME STUCK IN A PARTIALLY DEPRESSED POSITION WHEN RETURNING TO THE IDLE POSITION. IF THIS CONDITION OCCURS, IT MAY INCREASE THE POSSIBILITY OF A CRASH.

    Remedy:

    TOYOTA WILL NOTIFY OWNERS OF ALL 2007 AND 2008 LEXUS ES350 AND TOYOTA CAMRY VEHICLES ABOUT THE RECALL EVEN THOUGH NOT ALL OF THESE OWNERS WILL HAVE PURCHASED THE ALL WEATHER MATS. IF THE OWNER HAD NOT PURCHASED THE MATS, THEY ARE NOT AFFECTED BY THE RECALL. THIS LETTER WILL ADVISE OWNERS WHEN REPLACEMENT MATS WILL BE AVAILABLE OR HOW TO RETURN THE ALL WEATHER FLOOR MAT SET TO OBTAIN A REFUND. A SECOND LETTER WILL BE SENT AFTER MATS ARE AVAILABLE REQUESTING OWNERS TO RETURN THEIR MATS TO A LEXUS OR TOYOTA DEALER FOR EXCHANGE OF THE DRIVER’S SIDE MAT. THE FIRST LETTER IS EXPECTED TO BE SENT DURING EARLY OCTOBER 2007 AND THE SECOND IN LATE NOVEMBER 2007. OWNERS.

     Here is what it lookes like. Toyota mat car accident problem

    by Cincinnati accident injury attorney Anthony Castelli . Call today for the help you need 1-800-447-6549

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    Cincinnati Accident Attorney Talks Toyota Recalls

    Wednesday, June 9th, 2010

     Cincinnati Car Accident Attorney talks about Toyota recalls and Why be Concerned

       In case you missed it Toyota has allegations of unintended acceleration against many of its car models. This has led to actual recalls by Toyota.  The first issue is that the gas pedal was getting caught on the floor mat and not returning.

    However there have been cases reported where the gas pedal was not stuck on the mat but was actually going fully depressed without anyone stepping on the pedal. There has been no actual recall for that reason as of yet, as Toyota has not admitted this is a problem  Here is the story on the mat recall. This information is taken directly from the Toyota website.

    FLOOR MAT PEDAL ENTRAPMENT RECALL  
     
    Which models are involved in the floor mat pedal entrapment recall?
    Toyota
    2007 – 2010 Camry
    2005 – 2010 Avalon
    2004 – 2009 Prius
    2005 – 2010 Tacoma
    2007 – 2010 Tundra
    2008 – 2010 Highlander
    2009 – 2010 Corolla
    2009 – 2010 Venza
    2009 – 2010 Matrix  
     
    Lexus
    2006 – 2010 IS 250
    2006 – 2010 IS 350
    2007 – 2010 ES 350
     
    What is the condition that has prompted this floor mat pedal entrapment recall?
    There is the potential for an unsecured or incompatible driver’s floor mat to interfere with, or entrap, the accelerator pedal in the worst case, in the wide-open position.  A vehicle with an entrapped accelerator pedal may be difficult to control and/or stop.  
     
     
      
    Vehicles with any genuine Toyota or Lexus accessory all-weather floor mat will be provided with newly-designed replacement driver- and front passenger-side all-weather floor mats.
     
    Are the all-weather floor mats being replaced in involved vehicles?
    Yes.  Toyota will be replacing the front driver and passenger-side floor mats.   
     
    Is Toyota recalling the old style floor mats and what are you doing with them?
    Yes, Toyota is recalling the old style floor mat as part of this recall to completely remove them from the market. At some point in time, in the future, these mats will be recycled into other products such as road surfaces. Toyota has not completed the details of the recycling actions.  
     by Cincinnati Car Accident Injury attorney Anthony Castelli . Call today for the help you need if you are injured in a car accident 1-800-447-6549   KS7X3XHCP7QU

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