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You are currently browsing the Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli blog archives for February, 2012.
Archive for February, 2012
Sunday, February 26th, 2012
Social Security Disability Application Help Free evaluation SSI and SSDI
Filing Application and Appeals Help Do I Qualify for Benefits?
File Your Application Here if You meet Our Qualifications
We file Your Application in our Office over the Computer
Benefits To You
No initial charge to file initial application
Fee only paid if there is a recovery of back benefits
Advice and Guidance from an Experienced Social security Lawywer
No waiting in line at Social security Office
For the first time applicant or if you have been denied and need to appeal.
The Main Factors of SSI or SSDI eligibility
1. Are you unable to work for one full year at substantial gainful employment. Many times if you can prove you can not work at jobs you held for the past 15 years you may be able to win benefits. For those under 50 you may have to prove also that you can not before other jobs that are easier to do. (This is a simplified version and there are many proven ways to win you case. So it can’t hurt to get a free consultation when your future depends on it
If you would like a free case evaluation or would like us to file or appeal your claim, please answer the following questions in the box to the right.
Date last Worked
Reason You Stopped Working
Date of birth
Injury or Illness that Keeps you From working
Do you have a doctor that is treating you for your disease injury or illness
Are You an Ohio kentucky or Indiana Resident
You can also call us and give us this information over the phone at 513-621-2345 or 1-800-447-6549
Tags: cincinnati social security lawyer, social security application help, social security disability application, SSI application help
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Wednesday, February 22nd, 2012
Helping hard of hearing clients by Cincinnati lawyer as the title of this article is no accident. Nor is it just talk. I learned through experience with a hard of hearing client.
My personal injury car accident client was particularly adept at reading lips and her hearing loss developed over time so she spoke almost normally. When dealing face on we could communicate well, as she was reading lips. Or at least I though that. But there may have been some nuance she missed.
When it came time to have her deposition taken she wanted me to get a interpreter. I had the foresite for this and had asked counsel to get an interpreter. But my client wanted an interpreter at our private preparation session. She felt that things would be more understandable if the interpreter was used. On the phone we communicated through a special service that had me talking to a person that was signing to heron video.
The deposition preparation went beautifully. We had an excellent interperter and I was confident my client understood everything we discussed. I was glad that I had gotten an interpreter so I knew there would be no misunderstandings. I did not fully realize this before my cliet asked for one to be there.
Attorneys You Are Legally Obligated to Provide an Interpreter at Your cost
Title III of the Americans with Disabilities act requires places of public accommodation to be accessible. This includes lawyers offices. There is an obligation to effectively communicate with your client. Unless a lawyer can effectively and accurately comminicate with their client there is a grave risk of not understanding the client’s problems and giving incorrect service. Similarly clients may not understand what is being said too them.
It is also important to get a qualified interpreter and not just a family member. I found Deaf Choice Inc to provide excellant interpreters. Finally unless this is an appropriate court cost the lawyer must bear the cost of an interpreter as the cost of doing business.
Anthony Castelli Attorney
8170 Corporate Park Drive #220
Cincinnati, ohio 45242
As a personal injury lawyer If you are hearing impaired I would be happy to offer you a freee consultation to see if I can help you
Monday, February 20th, 2012
As a Cincinnati accident lawyer representing car accident clients and other personal injury victims I know that my clients have many issues to address in trying to get them maximum compensation for their personal injury car accident case.
What most personal injury victims want to know at the time of the settlement is, how much money compensation will I go home with. I try to explain to my clients at the initial meeting how to get by until we reach a personal injury insurance settlement. I also explain that their medical insurance should be used since the wrongdoer normally will not pay until the end of the case. And then by their contract the medical insurer normally are entitled to be paid back after settlement. ( This is legally termed subrogation )
I had a seriously injured client and there was only $100,000.00 in insurance coverage. The medical insurance carrier paid $55,000.00 for medical bills and wanted their money back. Obviously this would not leave much for my client. I had the medical insurance company send me their policy language and I saw an opening. My client was not “made whole” by the settlement, as the $100,000 liability policy limits of the wrongdoer was all that there was to recover from. Even $200,000 would not have made her wholeas I judged and argued my client’s injuries merited a greater amount.
I argued and sent case law that the medical insurance companies’ policy did not have the right language to overcome the made whole doctrine. This doctrine states that if the personal injury victim is not fully compensated by the settlement because their damages exceed the policy limits they do not get to be paid back out of the injury victims’ settlement. That is, unless the medical insurance company has the exact correct language. The medical insurance agreed and waived their claim for $55,000.00. So my client had $55,000.00 more dollars to put in their pocket.
If you have a serious personal injury car accident case consider hiring a experienced personal injury lawyer. I welcome your call to discuss your case at no obligation and no cost to you for the initial consultation.
Anthony Castelli Attorney
8170 Corporate Park Drive #200
Cincinnati, Ohio 45242
Anthony Castelli Attorney is accredited by the Better Business Bureau
Rated preeminent by Martindale Hubbel and superb by AVVO
Ohio Supreme Courts Wrongly Decides Punitive Damages Must Be Given Separate Trial From Compensatory Damages in Personal Injury Claim
Thursday, February 16th, 2012
As an Injury Lawyer for over 30 years I’ve seen the ball swing back and forth between the rights of personal injury victims and those that wrongfully cause them harm. However the ball has stuck in favor of wrongdoers for many years now in Ohio and in other states.
Just today the Ohio State Supreme Court ruled in favor of so called Tort Reform with its decision in Havel v Villa ruling that if requested a judge must grant a separate trial of the compensatory damage issue and the punitive damage issue. Compensatory damages are to make up for the injuries caused to the wrongfully harmed injury victim. Punitive damages are to punish the wrongdoer for conduct that is more than negligence, but involves the failure to exhibit care under circumstances that there is a high probability of harm. For example a jury can award punitive damages in a drunk driving car accident injury case.
Prior law was that a judge had the discretion to bifurcate or grant separate trials. As a lawyer that has won a jury verdict against Time Warner for punitive damages I must again say that we need to trust in the jury system. The punitive damages in the case I handled were not particularly large because in part due to the injury to the plaintiff was not that severe. The punishment fit the “crime” so to speak.
The Court’s ruling had legislative big business tort reform rationale behind it that juries can not be trusted. The case dealt with a person in a nursing home that died from a bed sore. The court ruled the trial of punitive and compensatory damages must be separate. The Court quoted the language of the state legislature that stated”
The current civil litigation system represents a challenge to the economy of the State of Ohio.(what evidence did the legislature have. i submit not one iota.) The legislature opined that reform of punitive damage law was urgently needed. The legislature went further in their misguided notion and said that while pain and suffering awards are inherently subjective non economic damages, which are intended to compensate for the person’s loss, it is believed that the inflation of noneconomic damages is partially due to the improper consideration of evidence of wrongdoing in assessing pain and suffering damages.
Inflated damage awards create an improper resolution of civil justice claims. the increased and improper costs of litigation and the resulting rise in insurance premiums is passed on to the general public through higher prices and services.In cases in which punitive damages are requested, defendants should have the right to request bifurcation of a trial to ensure that evidence of misconduct is not improperly considered by the jury in its determination of liability and compensatory damages.
As additional protection, trial and appellate courts should rigorously review pain and suffering awards to ensure that they properly serve compensatory purposes and are not excessive.
So the Court and the legislature are to blame in my opinion for this protection of big business interests and the erosion of citizens rights and cite no evidence to back up their opinion. By the way does anyone know the political party of the judges on the Ohio Supreme Court. Their party affiliation is not even put on the ballot.
"Your office has been nothing but good to us! From our very first phone call to the very end, you were there to listen. You have been a fantastic attorney. We were undoubtedly going to lose everything we had because of the accident, but you made sure we were taken care of!! We are no longer worried about losing our home, and it's because of you! My family is back on track! Words cannot express how much we appreciate everything you did for us. I know you will be a blessing to a lot more people!" With love,
Morris & Jennifer Smith