Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

Archive for November, 2010

7 Ways Defense Attorneys Try to Defeat Your Brain Injury Case

Saturday, November 27th, 2010

If you have suffered a traumatic brain injury as a result of the fault of another you may be confronted by certain defense tactics. Here is a list of some potential defenses:

1. The plaintiff is malingering.
2. The plaintiff is somatoform. (stress or anxiety is causing the symptoms)
3. The plaintiff looks normal.
4. The plaintiff did not hit his or her head and therefore cannot have a brain injury.
5. The plaintiff was not unconscious and therefore cannot have a brain injury.
6. The CAT scan was normal so the brain is okay.
7. The MRI is normal so the brain is okay.

It is important to first define traumatic brain injury. A good definition is:
“Traumatic brain injury is defined as an alteration in brain function or other evidence of brain pathology caused by an external force.”

The working group defines altered brain function as 1 of the following clinical signs:

Any period of loss of or decreased level of consciousness;
Any loss of memory of events immediately before or after the injury;
Neurologic deficits such as weakness, loss of balance, change in vision, paralysis, sensory loss, or aphasia; or
Any alteration in mental state such as confusion, disorientation, or slowed thinking.

There are many ways to combat these defenses. One simple method is the lay medical before and after witness. These are people that know the injured party before and after the traumatic event and can describe differences in their behavior. Obviously there is much more to it than just this. So if you have any of these symptoms you should seek an experienced brain injury lawyer </a

Anthony Castelli attorney welcomes your call to discuss for free you concussion brain injury 1-800-447-6549

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How to Prevent Christmas Tree Fire Injury

Saturday, November 20th, 2010

Christmas trees account for 250 fires each year. 14 of those involve deaths. You can do a simple thing to prevent most of these fires. WATER THAT CHRISTMAS TREE. Typically shorts in electrical lights or open flames from candles, lighters or matches start tree fires. Water That Tree to prevent a catastrophe.

This video clip demonstrates how fast a dry tree can go up in flames. Within three seconds the dry Christmas tree (a scotch pine) is up in flames. Within 5 seconds smoke and gas are on the ceiling. Fresh air near the floor feeds the fire. Within 40 seconds the sofa carpet and coffee table are up in flames and a flashover occurs with the whole room ablaze.

Wet trees tell a different story. The NIST fire safety engineers selected a green Scotch pine. They had it cut in their presence, , and placed the tree in a stand with at least a 7.6 liter water capacity. The researchers kept the Scotch pine’s water on a daily basis. A single match could not ignite the tree. A second attempt in which an electric current ignited an entire matchbook failed to fire the tree. Finally they applied an open flame to the tree using a propane torch. The branches ignited briefly, but self-extinguished when the researchers removed the torch from the branches. REMEMBER, A WET TREE IS A SAFE TREE!

Christmas tree fire

One final thing. MAKE SURE YOU Check your Smoke Detector. Know that a photelectric senses smoke and an ionic flame. You may want to use both for the best protection.

by Cincinnati Accident injury attorney Anthony Castelli

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Underinsured Car Accident Insurance A Must

Sunday, November 14th, 2010

Many people do not realize how important car accident insurance is. Especially underinsured motorist coverage.
Underinsured car accident coverage protects you if you are seriously inured by someone who has very little insurance or no insurance at all. Many people are driving with the minimum limits of liability coverage for Ohio. This is only $12,500 per person. This means that it is likely that if they hurt you you can only recover $12500 unless you have your own underinsured motorist coverage.

You should purchase at least $250,000 of this coverage. Remeber just because you purchase it does not mean you insurance company will serve it to you on a platter. you likely will have to fight for it. So consult a lawyer if you get seriously injured so your rights are protected. But make sure you have the proper insurance in place. The worst thing is to tell a client that they are not going to get fair compensation because there was not enough insurance.

I have blogged and created video on this topic as well as a podcast on itunes.

Law Talk of Ohio Your Car insurance a podcast

Cincinnati Attorney Exlpains underinsured motorcoverage video

I am a Greater Cincinnati personal injury lawyer. I’d be glad to answer your questions . You can call me today at 1-800-447-6549

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Get the Secret Item of Fair Compensation For Car Accident Damage

Saturday, November 6th, 2010

If your car was damaged in a car accident by the fault of another you need to know about this item of damage so you get full compensation. This little known secret item of damage to your car is called dimuniation in value.

This is what it is . Its the decrease in value to your car because it was in an accident. Even though your car may be repaired to you satisfaction, you are still entitled to more money from the insurance company if you will not be able to sell your car for a fair amount because it was in a car crash . The leading case in Ohio is Rakich v. Anthem Blue Cross .

So if you want to know how you are going to get fair value for the damage to your car from a car accident tell the insurance company you also want dimuniation in value. This works best with a fairly new car and damages of at least $4000. The best way to prove this is to ask your dealer to write a letter stating they would pay you less because for the car was in an accident.

by Cincinnnati car accident lawyer Anthony Castelli . Call to get your questions answered 1-800-447-6549

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What Big Insurance Won't Tell You Coming Soon

Saturday, November 6th, 2010

Recently I teamed up with a group of attorneys to co-author a book on insurance company trick and traps and how to avoid them. The book publisher is Celebrity Press. Her’s an excerpt from a recent press release.

The forthcoming book, “A Wolf in Sheep’s Clothing: What Your Insurance Company Doesn’t Want You To Know And Won’t Tell You Until It’s Too Late” will focus on the legal intricacies of dealing with insurance companies, and why having an attorney who understands insurance companies is imperative for all seriously injured people.

I will be conributing a chapter called “When your friend becomes your Enemy” Big insurance for far too long has had the upperhand when dealing with accident injury victims. I hope to show the consumer some of these insurance company tactics so they can recognize what steps to take to avoid being taken in by the insurance adjustor.

Here is the press release for Anthony Castelli Attorney issued by Celebrity press

If you have questions about what you should do to protect your rights for your Ohio accident injury case
call me at 1-800-447-6549. I now have a Blue Ash Montgomery Ohio area attorney law office as well as a West Chester location. Or just visit my web site http://www.castellilaw.com for personal injury law videos

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