Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli
Archive for January, 2012
Injured By Texting Driver Get Cincinnati Car Accident Lawyer
Tuesday, January 31st, 2012
If you have suffered a serious injury because a driver was texting in Cincinnati , West Chester , Mason or anywhere in Southwest Ohio you should consider contacting an experienced Greater Cincinnati car accident lawyer. Although you may think you have an open and shut case think again.
Sure the car insurance company may admit responsibility. But what about when it comes to getting money damages and maximum compensation for your injury. Don’t expect the insurance company to be generous. They are in the business of collecting premiums and paying out as little as possible.
It’s not like you have to call a car accident lawyer from the scene, in fact I caution you from doing that. Make sure the police come and make sure you go with the ambulance to the hospital. Report the car accident to your insurance company. Then when you get home from the hospital you can start researching what car injury lawyer you would like to get a free consultation with. If the wrongdoer’s insurance company calls do not let them record a statement. Tell them where your car is and that you are injured and under treatment and will get back with them.
You will be able to afford even the very best car accident lawyers because they work on a contingency fee.
This means the fee comes out of the money they recover for you. Many will also advance the cost of preparing your case to be repaid out of your settlement.
Texting may entitle you to seek punitive damages. Although these are not covered by insurance the spector of them being awarded against the wrongdoer makes the insurance company listen closer and pay more attention to fair compensation for your injuries.
Contanct Anthony Castelli attorney Cincinnati Car accident lawyer 8170 Corporate Park Drive suite 220, Cincinnati , Ohio 45242 513-621-2345 for a free consultation .
Tags: car accident attorney, cincinnati car accident lawyer, injured by texting car driver
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Why a Cincinnati Constuction Accident Lawyer Can Help Your Injury Claim
Monday, January 30th, 2012
Cincinnati construction injury
You deserve maximum compensation in your pocket. Big settlements and verdicts are no good for you unless you get to take home an amount of money that can put you back on your feet financially and make up for your injury. Insurance company articles and studies suggest that lawyer retained cases can cost them 2 to 3 times what they would pay otherwise. Although there can be no guarantees my goal is to put at least twice as much in your pocket as you could have done if you had represented yourself.
Not all construction accident injury lawyers know the interplay between the workers compensation law and the claims made against third parties that cause your injury. One of the benefits of hiring a lawyer that does personal injury cases and is certified by the OSBA in Ohio workers compensation like me is that only one lawyer is necessary. That way you only have to deal with one lawyer. That lawyer can control what information is created in your workers compensation claim and what information is created in your personal injury claim if a third party was responsible for you injury.
This is true, for example, if you work for a contractor and a subcontactor caused your personal injury construction accident. In fact there are multiple ways you may have a claim for Ohio workers compensation benfits and a claim for your personal injury. Believe that the Ohio workers compensation system does not come close to making you whole for your injury. so it’s vitally importat to look for other avenues of recovery
Contact me today for a free consultation Anthony Castelli Attorney 8170 Corporate Park Drive, Suite 220 Cincinnati, Ohio 45242 513-621-2345. Delay can ruin your case. Don’t let yourself be a victim twice.
Tags: Cincinnati construction accident lawyer, Cincinnati construction accident personal injury, Free consult for construction accident injury
Posted in Construction accident injury, Uncategorized | No Comments »
Accidents Happen and When Negligence Plays a Role the Bakersfield Personal Injury Attorney Is Needed
Sunday, January 29th, 2012
Here is a piece from my friend out in Bakersfield. They have a lot of high speed big rig and car accident there quite a bit. Ehline Law Firm PC tells you about it. According to attorney Michael Ehline, accidents happen and when negligence plays a role the Bakersfield personal injury attorney is needed, since this is the lawyer that is experienced in personal injury law and personal injury settlements. This can be a car or motorcycle accident, a pedestrian slip and fall or any other type of accident that resulted in personal injuries. These are accidents that could have been avoided if the actions or inaction of the party responsible had not acted negligently.
The Bakersfield personal injury attorney will use a personal injury calculator of sorts to determine what the victim can recover in compensation and in using this personal injury settlement calculator they will include bodily injury, medical costs, damages and financial losses, such as wages. This is personal injury insurance for the injured victim, which they will recover a fair settlement and not one that the insurance company comes out the winner. The case that will be prepared will include a full investigation of all the elements of the accident in order to hold all negligent parties responsible and it will help in the preparation of the case. The personal injury insurance that the victim has, when being represented by the Bakersfield personal injury attorney is that their rights are protected and the personal injury definition of the case will be made clear to the negligent party, the insurance company and the court.
Personal injury settlements are not something that the injured victim and their family can attempt on their own and come out the winner, since the insurance company or the manufacturer does not offer fair settlements and in court the litigation can be complex, especially if there is more than one negligent party. This is due to the extent of the injuries that can be suffered, such as traumatic head injuries, broken or fractured bones, spinal cord injuries, severe neck and back injuries, along with serious cuts and gashes. This means a lengthy time for healing and usually it will mean loss of wages for the injured victim, which can put financial stress on the victim and their family, which was caused by the negligence of another party. The Bakersfield personal injury attorney can help to alleviate the stress and protect the injured victims rights to obtain a fair settlement.
Ehline Law Firm PC
4900 Tower Way, Bakersfield, CA 93309
(661) 846-2775 (888) 400-9721
For Trucking accidents and any type of motor vehicle accident in Cincinnati, Dayton, Columbus or Cleveland throughout Ohio contact Anthony Castelli Attorney at 513-621-2345 or 1-800-447-6549
Tags: Bakersfield Personal Injury Attorney
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Cincinnati Casino Accident Injured Construction Workers Need To Know Who Can They Sue
Saturday, January 28th, 2012
Today a casino in Cincinnati partially collapsed injuring multiple construction workers. If I were one of the injured workers I would have many questions about who should pay for my injuries. Construction injuries may have multiple sources of recovery.
The Cincinnati construction workers certainly have the right to seek workers compensation benefits. The law that gives them the right to seek workers compensation benefits also makes it extremely difficult to sue their employer for all the compensation they are entitled to. You can not sue your employer for negligence. Ohio workers compensation benefits only provide limited compensation.
However if someone other than the Cincinnati casino contstrcuction workers employer was the cause of the casino floor collapse they could be a potential defendant to seek money damages for the construction workers injuries over and above the limited compensation Ohio workers compensation provides.
As a Cincinnati personal injury lawyer I have been involved in construction injuries where workers compensation benefits were paid to my client and my injured worker client also was able to get compensation from a third party whose negligence caused the injury. One case involved a superintendant for a home builder that fell through an unprotected hole in the floor decking and was caused a severe spinal injury that prevented the injured worker from ever working again. The hole had been left by the framers of the house under construction who had cut it for a stairwell but had not properly covered the hole.
In the Cincinnati casino that collapsed it appears the general contractor Messer Construction construction company is already putting their spin on. Here’s a quote from them,
“Our top priority is to ensure everyone at our job sites can return home safely to their families at the end of each day,” President and Chief Executive Tom Keckeis of Messer Construction, general contractor for the project, said after thanking the rescue personnel. “We have stringent safety processes and protocols in place to ensure our job sites remain safe and our structures secure.”
If that’s the case how could this collapse of the floor decking occured.
And you just can’t rely on OSHA to do an investigation that can be totally trusted especially when there statement is:
“These are elite companies with an excellent safety record.” Because construction projects are constantly changing, it makes more sense to allow firms with good safety records to oversee safety training and procedures for subcontractors on site, Wilkerson said.
So from my point of view as a personal injury lawyer something went horribly wrong and odds are it could have been prevented. I mean these things don’t just happen out of the blue. You can bet that there will be denials or finger pointing between the entities involved.
Rock Gaming LLC and Ceasr’s entertainment are the developers. Messer is the general contractor. For the downtown Cincinnati casino project there are several different bid packages for concrete work. Monroe-based Baker Concrete Co., one of the nation’s largest concrete suppliers, provided concrete for exterior foundations and some vertical columns, but not for the concrete decking.
Cincinnati-based Jostin Construction Co. was overseeing the concrete decking installation for the casino, according to contractors familiar with the project. A spokesman for Jostin didn’t immediately respond for comment on Friday.
Hilltop has supplied about 66,000 yards of concrete for the casino project but wasn’t part of the bid package for the casino decking.
Some locals are already giving conjecture on what happened . Such as:
Dr. Ihab Saab, chairman of the construction management program at Northern Kentucky University, said, “Based on my limited knowledge of what happened, it appears to me the problem may have originated in the metal decking supporting the poured concrete and how that decking was connected to the steel beam building structure.”
Construction workers unite. Make sure you take charge of your life. When your financial and physical well being is at stake make sure you know your rights and have the help of someone who has your interests at heart.
Provided as a public service by Anthony Castelli Cincinnati attorney. You may contact Anthony at 513-621-2345 8170 Corporate Park Drive, Suite 220, Cincinnati, Ohio 45242. For more information his web site is Anthony Castelli Accident and Injury attorney
This video explains how you may have three sources of compensation if your construction work related injury keeps you from working for a year or more.
Tags: Casino Construction accident Cincinnati, Cincinnati lawyer for construction accidents help, construction accident injury lawyer
Posted in Construction accident injury | No Comments »
Filing a Wrongful Death Suit can Protect Survivors
Wednesday, January 25th, 2012
Ehline Law Firm PC out in California has an interesting perspective on wrongfl death lawsuits in CA. California residents each year, unfortunately fall victim to wrongful death in the thousands each year in cities such as Reseda, Pasadena, and Arcadia. When the victim or “decedent” dies, they often leave behind a family and other grieving survivors. While these survivors then suffer a great deal of grief, they also soon find themselves also suffering financial burdens and losses that they had not only not expected but for which they had not prepared. To protect themselves from these unfair and unwelcome burdens, survivors will often be found filing a wrongful death suit against the party or parties responsible for the death.
When considering filing a wrongful death suit, it is vital that the survivors immediately consult a qualified and experienced wrongful death attorney to make sure their case not only qualifies but that they also know what to expect in the future. Not only can an experienced attorney often take the family’s case without out of pocket expenses through a contingency fee set up. This allows the survivors to pay out of the eventual settlement amount, making legal protection affordable and available to the grieving survivors. Wrongful deaths see many families filing wrongful death suits every year and understand the pain the survivors are going through. Their experience also allows them to foresee upcoming financial and other burdens that will soon occur of which the family might not even be aware!
A wrongful death attorney can not only help the family file a wrongful death suit to help get recompense for losses, but also prepare ahead for those losses to help keep the family safe and stable. Some survivors may not realize that they even have a right to file a wrongful death suit. While families are most often those filing the suit, there are others with relationship to the decedent who also may have a right to file in the wrongful death suit. A wrongful death attorney can fill the survivors in on all the requirements of a wrongful death suit as well as the likelihood of their success and what they might be able to expect as far as a settlement is concerned.
As there are often limitations on the time within which survivors can file, an attorney should be contacted as soon as possible when survivors are filing a wrongful death suit. 
This was a legal article from our friend Michael Ehline, of Ehline Law Firm PC, a personal injury attorney for Los Angeles at 633 West Fifth Street, 28th Floor, Los Angeles, CA 90071. 213.596.9642.
Tags: personal injury attorney
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Hiring the Right Long Beach Bus Accident Attorneys
Tuesday, January 24th, 2012
Many of you know, California vacations are a real treat. And many will choose to sight see on a public or private bus. So I got to thinking. Who would I hire in California, if I was injured in a bus accident, in a tourist city like Long Beach. Here is some great information from a company I found when Googling “Long Beach personal injury attorneys“. It gave me the results for Ehline Law Firm PC in Long Beach. Now we are social friends on Google Plus. He wrote this educational article below to help vacation accident victims injured in California cities like Huntington Beach, Long Beach, Redondo Beach and Torrance. Ehline says that hiring the right Long Beach accident attorneys will mean being able to let them guide the injured victim through the legal process and recover fair compensation after being injured in a bus accident. Bus accidents in this city include Mega bus accidents, tour bus accidents, school bus accidents and Chinatown bus accidents.
The Long Beach bus accident attorneys with experience will conduct an investigation into the bus crash with the use of experts and using the latest technology. They will also use bus accident statistics in preparing the legal claim, which will recover compensation for the injured victim in the amount that they deserve. Bus accidents are caused by one of several reasons, the first is the bus driver error, inexperience, fatigue or aggressive driving, the next reason is the lack of proper maintenance by the bus company, owner or mechanic. Another reason is the defective part or design that the manufacturer is responsible for and the last cause is the motor vehicle driver that is careless or reckless; whose actions cause the bus accident. Only a thorough investigation is it possible to determine the negligent parties, after a bus accident.
Passengers that are involved in bus accidents suffer severe injuries, since they have no restraints like seatbelts to keep them in their seat during the impact or in the event of a rollover crash. Buses have a low center of gravity and that means they are more prone to rollover during a bus accident. The injuries in some cases are fatal and when they are not the passenger can suffer traumatic head injuries, internal injuries, spinal cord injuries, fractured or broken bones, severe neck and back injuries, cuts and gashes. The Long Beach bus accident attorneys know that these injuries will mean that the injured victim will require hospitalization, possible surgeries, rehabilitation, therapy and ongoing medical care for an extended amount of time.
This will also mean that the injured victim is unable to work and that can be financially stressful for them and their family. The injuries and the financial stress has been caused by negligence and that means with the type of legal representation of the Long Beach bus accident attorneys this can change with the recovery of compensation for the damages and injuries. This was a great post from Michael Ehline of Ehline Law Firm PC:
6700 E Pacific Coast Hwy, Long Beach, CA 90803
(562) 342-9092
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Injury Assumption of Risk Defense in Former Cincinnati Bengal Chris Henry Lawsuit ?
Friday, January 20th, 2012
Assumption of risk is a defense to a claim of negligence. Depending on the State it can either be a complete defense or a partial defense. The defense is defined in Ohio as knowing and voluntary acceptance of a risk of injury that was a cause of your injury. In Ohio the defense is merged with contributory negligence and only defeats recovery if the conduct was 51% or more of the cause of the injury.
This defense to a personal injury or a car crash also reduces the recovery by the percentage of fault assessed to the person bringing the personal injury lawsuit. Years ago both contributory negligence and assumption of risk if proven were total defenses that totally defeated any recovery.
An example could be the recent lawsuit filed by the estate of former Cincinnati Bengal Chris Henry. Here is a short version of the event.
Neighbor Lee Hardy told WLWT-TV and The Cincinnati Enquirer that he was working in his yard when the truck left the driveway. Hardy said Henry was yelling that he needed to talk to the woman behind the wheel. ”He said, ‘If you take off, I’m going to jump off the truck and kill myself,’” Hardy told the newspaper.
The law of the State controls . But for teaching purposes assume this was an Ohio case. If they found Cris Henry’s conduct was contributorily negligent or was an assumption of risk and his conduct caused more than 50% of his injury there would be no recovery. Some states allow you to recover that portion of your recovery that is determined to be the fault of the defendant even if it’s less than 50% but not Ohio.
Sounds a bit confusing, but this is something a jury , if called upon would have to grapple with. You also find this conduct among teens that jump on a moving car and then are thrown off. Clearly there is a large component of fault in the example of the Henry case if he jumped onto the bed of the truck . Although you never want to determine a case from the newspaper, as it is necessary to know all the facts and all the law.
If you have a question or need help with your personal injury car accident claim please call me today for a no obligation free consultation at 513-621-2345
Former Cincinnati Bengal Chris Henry
Tags: Cincinnsati car accident insurance settlement, personal injury law negligence, who is at fault in a car accident
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Find A Cincinnati Car Accident Lawyer
Friday, January 20th, 2012
I was hurt in a car accident in Cincinnati is a phrase I often hear from someone looking for a lawyer for car accidents. Not everyone needs a lawyer. The reason that a car accident injury lawyer may not be able or willing to help car accident injury victim is they can not add value.
I am not talking about a case where there is no liability. In other words you have a valid car accident insurance claim that entitles you to car accident insurance injury compensation. It’s just that your injury is not serious and merits very little injury compensation with or without a lawyer.
You can use all the search phrases you want in searching for a great Cincinnati car accident attorney. Try
lawyer for car accident, attorney for car accident, car accident injury, car accident injuries, car accident attorney, car accident attorney, car accidents lawyer, car accident lawyer, car injury claims, car insurance accident claim, car insurance settlement lawyer, car insurance settlement attorney. It’s not going to make a small case bigger.
But be careful if you try to take the car accident insurance adjustor on without an auto injury lawyer help in a big case. Because it may make a big claim smaller. The reason is that you don’t really know the value of your car accident injuries. Plus you have no way to enforce a fair injury compensation settlement value on the liability insurance company unless you have someone that can take your injury claim to trial if necessary.
A lawyer for car accident is a pain and suffering insurance settlement calculator can help you figure out how much my car accident claim is worth
Watch this video for a critical message Cincinnati Car Accident Lawyer Key Message To Accident Injury Compensation Victims
Call Cincinnati Car accident injury lawyer Anthony Castelli today at 621-2345 for a free consultation before your claim loses it’s value.
Tags: car accident injury lawyer, car accident insurance settlement, cincinnati car accident attorney
Posted in Cincinnati car accident lawyer message | No Comments »
I 71 Crash Deaths May Not Have Been Caused by Failure to Wear Seatbelts as Media Reports
Monday, January 16th, 2012
People are dead from a serious car accident on I-71 and all the media can talk about is the failure of the deceased to wear seatbelts. How do they know that a seat belt would have prevented an ejection from the car. Or would have prevented the deaths
It was reported that 19 year old Danica McClester lost control of her car and it rolled . In fairness the actual report I saw stated;
“But the outcome may have been different if the back-seat passengers had been wearing seat belts.” Who really knows at this point. An accident reconstructionist and seat belt specialist would have to determine if the seat belt would have kept them in and if so would they have survived.
As a matter of a point of law back seat passengers over the age of 15 are not required to wear seat belts. While I don’t advocate not wearing seatbelts if people would drive safely the seat belt is not the issue. Nor did the lack of wearing a seatbelt cause the car to be rolled. I’ve represented people who did not wear their seatbelt even front seat passenger. It would not have made any difference as to the injuries according to a biomechanical engineer and an accident reconstructionist I hired.
The driver apparently lost control of the car. The report did not say why. Failure to control seems the likely cause of the accident and deaths.
Please condolences to the families that lost children in this horrible accident. All the insurance company’s involved should pay under their coverages and let the families move forward with their grief that will never end.
By Cincinnati car accident injury attorney Anthony Castelli
Tags: Cincinnati car accident death, cincinnati car accident lawyer, Seat belt defense in car accident
Posted in Seat belt use in car accident defense | No Comments »
Cincinnati Bus Accident Brake Failure is No Defense
Sunday, January 15th, 2012
Recently a Cincinnati bus accident in the Walnut hills was reported by the local news services. They reported an SUV crashed into a bus at an intersection because of its brake failure. There was personal injury involved.
As a Cincinnati personal injury lawyer I have heard the brake defense before. It’s a good thing the law has a doctrine called negligence per se that can only be defeated if it was impossible to comply and brake failure is determined not to be something that makes it impossible to drive at a safe speed or within an assured clear distance to avoid a car accident. So in other words people can not excuse their negligent conduct in driving and causing a car crash.
However the legislature now allows a defendant to prove some other cause was at fault and you may be able to only recover a portion of your injury damages attributable to the person you sued. So now even a simple car bus accident injury can be complicated. So the best thing an car crash injury victim can do is contact a personal injury lawyer to protect their rights to a just insurance settlement.
Cincinnati injury lawyer
As always Anthony Castelli attorney Cincinnati personal injury lawyer welcomes your call for a free injury claim consultation in serious injury cases. Call 513-621-2345 to get help from Anthony
Tags: bus car accident, cincinnati injury lawyer, free consultation with Cincinnati lawyer
Posted in car accident | No Comments »
