Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

Archive for May, 2011

Memorial Day Means Getting Veterans the Benefits they Deserve

Sunday, May 29th, 2011

Memorial day is just not for remembering the fallen soldier. Lets remember the living veterans that are fighting the veterans administration for their veterans disability benefits.

Veterans fought for our rights. now its time we fight for theirs. the delays in the system are monumental.
The whimsy of the system is also well known.

At least now veterans have the choice of hiring an attorney certified by the veterans administration. But why would they do that you or a veteran may ask. Here’s what a decorated veteran and veterans disability lawyer, David Huffman had to say about that.

For decades these organizations assisted Veterans with their claims. They’re known as Service Officers or Service Representatives. The Service Officers or Service Representatives assist Veterans for free or they’re paid a salary by the organization through membership dues, donations, fundraising activities, and grants. Also, many states throughout the country pay state representatives to assist with their Veterans Affairs claims. The Veterans organizations’ history of assisting Veterans with their claims is mixed. Some Service Officers or Representatives have a history of doing a decent job; other times, Veterans get what they pay for. Attorneys for years were prevented from being part of the process.

Sadly, for decades, there have been horror stories about Veterans being wrongfully judged by a Service Officer or Representative for filing a claim and told not to file a claim, told to file one claim at a time; don’t get the VA mad; and don’t appeal. Numerous issues at times have been missed or delayed even though the date of the filing of the claim is crucial. Their Representatives are at various skill levels. A Veteran may have a Service Officer that is trained and has skills; or he may have a Service Officer or Representative that does not have reading and writing skills and does not properly know how to appeal a claim. Some Service Officers or Representatives seem to care; some seem to have an attitude; be prepared for a hearing or just take five minutes to prepare. Most Service Officers or Representatives do not send away for medical records themselves or draft medical opinions. They expect the VA to do it. Some understand Veterans’ law and are capable of doing a legal brief; others aren’t. There’s a great differential between the job one Service Officer or Representative does compared to another. In most cases, Veterans Service Officers or Representatives are not able to bring a claim to the Court of Appeals for Veterans’ Claims and an attorney is needed at that point.

The mixed review of quality should cause a Veteran to think: unless I’m sure of the quality of my Service Officer or Representative, am I getting what I paid for? At least in the present, with attorneys entering the field of Veterans’ law for a fee, a Veteran does have a choice. A Veteran can choose the traditional free representation or he can have the representation of an attorney who does have attorney skills. Now having a choice is a win-win situation for Veterans.

Call today if you would like the help of Anthony Castelli a Cincinnati attorney certified by the Veterans Administration for disabilty benefit help. 1-800-447-6549

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Can I Get Veterans Disability Benefits and Social Security Disability

Sunday, May 29th, 2011

A veterans disability pension that is service connected and social security disability benefits can both be received by a veteran. However if the veterans’ disability benefit is not service connected you will likely not be able to get both.

Social security pays if you prove to the Social security administration that you are disabled from gainful employment. You can include all of your disabilities, service and non service connected. In fact if your social security disability award is based on service connected disability this is forceful evidence in favor of getting total disability veterans benefits.

Therefore you may want to consider one attorney that is qualified and experienced to handle your veterans’ disability benefit claim and your social security claim .

I am certified by the veterans administration to handle veterans disability benefit claims and have been a longstanding member of the National Organization for Social Security Representatives. However there is no requirement to be a member of NOSSCR in order to represent social security disability claims.

Veterans call for a free consultation at 1-800-447-6549

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Veterans Disability Benefits – Getting a Fair Rating Total Disability

Sunday, May 29th, 2011

Many veterans are entitled to service connected disability benefits . However their ratings are often lower that they should be . This makes it a problem for those seeking Total disability individual unemployability.

One of the critical problems is getting doctors and psychologists to give the appropriate rating. There are two ways a veteran can be rated for total disability . A finding that his disability is 100% rated is one way for a veteran to get total disability.

A veteran can also get total disability if one disability is rated at 60% or there are two or more disabilities and one is rated at 40% and the total is at least 70% and the veteran is unable to work because of these disabilities.

Veterans fought for justice for all. Now we owe them justice.

Veterans get your Free no obligation consultation by calling Cincinnati Veterans’ disability attorney Anthony Castelli at 1-800-=447-6549 a certified veterans disability attorney. Member of www.nova.org

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Car Accident Back Disc Injury Value Part V

Friday, May 27th, 2011

Adding Your Damages for Fair Compensation – Summing it Up -2 Big Mistakes

After reading parts I -IV of the blog series, What is my car accident disc back injury is worth , you should have a better sense of what goes into the detemination of the range of values your insurance settlement should be worth for your injury.

Hopefully you realize that if you have a significant injury you should not attempt to settle this on your own.
Although you may think you know what your case is worth the whole time you deal with the insurance company on your own they are trying to devalue not value your case. Furthermore you bring nothing to the table to put any pressure on the insurance company to make a fair offer. If you reject their offer are you going to file your own lawsuit. the results could be fatal.

In fact the three biggest mistakes I see are 1. Wanting to much for your injury, 2. Accepting too little for your injury, 3. Attempting to reolve your case on your own without the help of an experienced personal injury trial lawyer. Here is a video I did on the two critical mistakes personal injury victims make.

You are welcome to call a cincinnnati personal injury trial attorney Anthony Castelli for a Free No obligation injury claim audit at 1-800-447-6549

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What is My Car Accident Back Disc Injury Worth lV

Friday, May 27th, 2011

This is part 4 in a 5 part series on how to determine what you disc back injury car accident is worth for insurance settlement

4. Different Injuries the range of settlement and use of Calculator formula

Many people ask is there a settlement calculator used. Some insurance companies do use computer programs. But these are not necessarily accurate . In fact the insurance company may even try to give you an offer less that what their own computer says. But computers can not really predict with any certainty what a case is worth. This is an art rather than a science.

The adage you add up your medical bills and multiply by 3 and then add lost wages does not hold true. The range of settlement comes down to the nature and extent of your injury . In Cincinnati , Ohio my experience is that a back disc injury that cause $20,000 in medical bills and $10,000 in lost wages , a diskectomy and the ability to still work at your former job but with some back pain that is permanent should start at $100,000. In other jurisdictions this may be a $300,000.00 case.

You still have to go back to all the factors I listed and the case could range from $50,00 to $150,00. depending on the positive and negative factors. Attorney John Hochenfelder does an exceptional job documenting New York back injury cases. These cases are well above what can be expected in Cincinnati.

However don’t let the insurance company tell you that your case is worth little in Cincinnati. I have seen offers as low as $15,000 and the verdict ended up on the order of $80,000. Here is the video on the exact case I tried on a spine injury jury verdict in Cincinnati , Hamilton County Ohio.

You must objectively evaluate the case and decide the range of value and then strive to get at least the mid-range for settlement. If the insurance company low balls you trust your experienced personal injury trial attorney to guide you.

For a no obligation Free case audit of your disc back injury I welcome your call at 1-800-447-6549. Please do not delay or make critical mistakes that can forever lessen the fair value of the justice you deserve.

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My Disc Back Injury What is a Fair Settlement worth Part lll

Friday, May 27th, 2011

3. Damage factors used to analyze disc back injury settlement amount

This is part 3 of a five part series on how to evaluate your disc back injury for settlement. Parts l and ll covered the anatomy and the legal damages that can be recovered. This piece looks into the factors that drive or impair the settlement value.

The more serious the injury the higher the settlement value. The first two things to look at are the past medical expense and the past lost wage. Then you want to add in the future lost wage and the future medical expense. Is this an injury that has knocked a person out of employment totally or has the injury caused the person to not be able to work at a good paying job and caused them to take a job with lesser pay. These numbers often need to be crunched by a vocational expert and an economist.

Did the injury manifest itself right away. This makes it easier to prove that it was caused by the event . And just as important are your doctors willing to state with confidence that your injury was caused by the event in question. Do you have permanent impairments (restrictions) that affect or preclude your employment.

Are you taking significant pain medication and is there objective evidence that your in fact have an injury vs just your own statements of pain that no one can explain.

Is the objective evidence strong in terms of x-rays , cat scans and mri’s or do they show what many term a degenerative process such as a bulge as distinguished from a herniation.

Have you had previous back problems.

Are you whing about your injury or are you doing your best to fight its effects.

Are you perceived as likeable or are you percieved as an angry person tring to get everything they can out of the injury in terms of money.

Have you followed your doctor’s advice or neglected to do so.

How serious was the car damage. little or no damage and preexisting injury is not worth as much as a case where there was a significant crash, and no prior problems.

What is the life expectancy of the person injured. Do they have to live a long time with pain and limitations.

What activities have been taken away or made more difficult because of your injuries.

Do the doctor’s agree that there is an objective basis for the pain you are claiming.

Have you undergone one surgery or even more. What kingd of surgery was it a diskectomy, laminectomy , fusion. in other words was the surgey more severe and was the recovery short or long.

Do you have an experienced personal injury lawyer that knows how to present your case , gather the evidence and if need be file a law suit and finance the lititgation. Have they been known to try cases if the offer is low.

Where is the location of the place where your case will be tried if necessary. Certain areas can have higher or lower verdicts.

These factors come down to 1. the collision, 2. the early manifestation of injury, 3. what tests support your injuurt, 4. how strong your doctors are in supporting you, 5. how you have comported yourself and are your actions consistent with a serious injury and 6. have you hired an experienced personal injury trial lawyer.

Certainly this list is not exhaustive but it covers the main points in evaluating your disc back injury settlement value. For another view here is a link to an article attorney Todd Peterson of Oregon wrote on car accident back injury

For a free no obligation case audit about your car accident disc back injury I welcome your call at 1-800-447-6549.

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