Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

Archive for April, 2012

Concussions Caused by Car Accidents Pitfalls and Solutions by Cincinnati Attorney

Sunday, April 29th, 2012

Concussions caused by car accidents are more common than most people thinks and as a Cincinnati car accident attorney I have seen insurance companies attempt to downplay the severe symptoms that can occur. This article will attempt to explain the problems and offer some solutions.

Car Accident Concussions Can be Diffucult To Prove

 

Often there is no objective evidence of a concussion. The xrays or MRI’s don’t show anything. You may not have even hit your head or at least you don’t remember hitting your head. The symptoms such as headaches and forgetfullness do not show  until several days after the car accident.  Or the symptoms will thought to be tied to something else such as a woman’s menstrual cycle especially in the case of migraine headaches. The insurance company will use this to make you a small offer, impliying that you are making up your symptoms.

The Solution of Fair compensation for Your Car Accident Concussion

 

Migraine  headaches can one of the symptoms of a concussion. According to neurologists they can be one of the most disabling conditions known. you can have severe pounding, nausea, vomiting, and other symptoms. migraine sufferes just want to lay down in the dark and have the knifelike pain go away.

Recently I represented a young lady with severe most traumatic migraines with some minimal non disabling headaches around the time of here period. there were multiple pieces of evidence I used to counter the defense assertion the headaches were unrelated . I used a video of a crash test   car crash concussion  of a similar car showing the head forcefully hitting the airbag then recoiling and hitting the headrest.

I used before and after witnesses (friends of hers) that could say how well she was doing before the car crash AND HOW AWFUL SHE WAS AFTERWARD.. I took the sworn statement of her treating neurologist Dr Claude Hershey, the head of Children’s hospital headache center. He told how migraines can come on within 0-10 days after a collision and that findings on x-rays and CT scans and Mri’s were not always present in a concussion. He mentioned a brief loss of consciousness as being significant and reviewed the car wreck photos and the mechanism of a concussion in a frontal impact collision.

THE OFFER MORE THAN DOUBLED AND THE CASE WAS RESOLVED PRIOR TO TRIAL.

 

The take away from this for a top car accident lawyer is to gather evidence that supports your  car accident concussion headache injury. The more the better. This can serve to counter the defenses the insurance company will offer to minimize your car accident concussion migraine headache injury.

 

Please call today so I can help you. No obligatio Free consultation 513-621-23435

Antony Castelli Attorney Cincinnati

8170 corporate park Drive

Cincinnati, Ohio 45242

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Cincinnati Lawyer Says Texting Kills Ban It Now Ohio

Monday, April 23rd, 2012

As a Cincinnati car accident injury lawyer I know that texting kills. Ohio should enact a law without delay. Currently the house has passed a law and it sits in the Senate. Recently a pragmatic and highly intelligent and concerned State Senator William Seitz has gone on record as to the problems with the bill.

Republican Senator Bill Seitz was reported as saying, ”It’s a feel good law that’s not going to accomplish very much,”  Seitz pointed out that we already have a reckless driving statute. He also has concerns about enforcing the law and the numerous exceptions to it. Certainly valid points, but things that could be worked through.

Maybe we should go even farther and say no use of cell phones unless they are hands free. After all just dialing a phone number on a cell phone can take your eyes off the road long enough for a crash to occur.

The Cincinnati Enquirer reported that  over six years, 16,141 Americans died in crashes directly caused by texting, a University of North Texas study reported. The National Safety Council reports that cell-phone use causes 1.6 million crashes a year. The evidence is clear. It has led 35 states and the District of Columbia to adopt bans already.

Danny Fischer of Hydy Park has written great article on his opinion about texting. He apparently was angry enough to contact Bill Seitz and one again I’m surprised at Senator Seitz’s reaction. Here is what Mr Fischer said about his communication with Senator Seitz:

Synopsizing his article in an email to me, he indicated that he felt that the issue was sufficiently handled through the civil justice system, and that it’s merely negligent, not criminal behavior. If the senator had left it at that, I would’ve agreed to disagree. However, he also added: “I suspect the truth of the matter is that some individuals are able to text and drive while others are not, just as some people type faster than others.”

Fischer indicated the issue is at minimum deterrence and questioned whether he got it. You get it Mr Fischer and I applaud your efforts. Senator Seitz will come around. He’s a deep thinker. Let’s just keep him thinking.

If I was injured by a texting car driver or one using a cell phone I would consider bringing a claim for compensatory damages as well as punitive damages to punish this willful misconduct.

AAA of Ohio has recently started a billboard campaign. One wonders how smart that really is. Don’t you have to take your eyes off the road to see a billboard.

And as a motorcycle rider this is just one more thing that concerns me for my motorcycle riding friends. But it certainly is not limited to the safety of motorcyclists . Texting and cell phone use while driving kills. There’s no doubt about it.

Anthony Castelli Attorney

Cincinnati, Ohio

513-621-2345

Attorney Castelli has previously blogged on texting and driving at Cincinnati Personal injury and Accident Attorney Blog .

 

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Cincinnati Personal Injury Lawyer Rates Accident Injury Insurance Companies

Wednesday, April 18th, 2012

Cincinnati Personal Injury Lawyer Rates Accident Injury Insurance Companies

As a Cincinnati personal injury lawyer for over 30 years you get to know the accident injury liability insurances companies. Some just want to play hard ball and force you to push the case to the Court house steps , if not a trial, in order to get fair personal injury compensation for my injured client.

These insurance coompanies think that a large segment of attorneys won’t event take cases against them because it’s just too hard. After all many lawyers consider themselves peronal injury lawyers that may never have tried a case to a jury. These lawyers collect police reports in car accident cases, have the client do the work and then try to get the client to take a lowball offer. So insurance companies know that if these kinds of lawyers take your case it will not get very far. And they will not have to pay very much.

The big name that everyone brings up is Allstate. In fact they do not have an adjusting office in the Cincinnati area. Their tactics have been well known for years. I have tried my fair share of cases againt Allstate. So they should know who I am and that I’m willing when necessary to take the case to trial.

Just because you are up against Allstate does not mean you will not get fair compensation in the end . Here is a video I did about a personnal injury car accident case I tried against Allstate. Their tactics ended up costing them much more than even the auto liability coverage they had. A whole lot more. Allstate policy of $25,000 turned into $100,000 by Cincinnati personal injury lawyer.

I’m happy to tell you if I think the car insurance company you are faced with is someone that is a bit more reasonable than Allstate. But this does still not mean they will not require significant proof of your injury.  I would also be glad to discuss your Cincinnati personal injury claim agianst Allstate.

Anthony Castelli Attorney accident and personal injury lawyer
8170 Corporate Park Drive
Cincinnati, Ohio 45242
513-621-2345

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Is The Dump Truck Death in Middletown a Product Liability Case Like Bowling v Heil

Monday, April 16th, 2012

There was a man killed in Middletown last week as a result of a dump truck. The Middletown Journal

dump truck death product liability

reported James Rolfert of Colerain township died when the dump truck he owned rolled backwards on him. It was reported that the dump bed was in a raised position and fell backwards on top of him.

This incident occurred at Baxter Precast. The occupational health and safety administration is investigating. It is difficult to determine from the report if the dump truck itself actually fell backwards or whether the dump bed fell crushing him.

It is critical to an investigation like this that the dump truck and all components be examined and retained. Very possibly there could be a product liability claim against the manufacturer or designer of the dump truck if the dump truck was defective in manufacture or design.

The landmark case of Bowling v Heil which I tried with my partner involved a dump bed falling and crushing a young man between the dump bed and the rails. A product liability case was brought against Heil Company and went all the way to the Ohio Supreme Court which upheld the product liability wrongful death verdict.

It is impossible to tell from the limited news reports whether there is such a claim. However cases like this call for independent experts to review the facts and circumstances of this incident.It could be easily overlooked that a safer design could have prevented the accident.

Anthony Castelli Attorney Satellite office located in Butler County
8170 Corporate Park Drive at Union Centre Boulevard
Cincinnati, Ohio 45242
513-621-2345

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Cincinnati Attorney Wants To Earn The Trust of the Hispanic Community

Sunday, April 15th, 2012

As a Cincinnati attorney it’s important for me to earn the trust of the Hispanic community.It would be great to have the Hispanic community teach me how to do this. I tried to have my staff and myself learn how to speak Spanish. Although I thought we made a fair attempt by bringing in a Spanish teacher there was just not enough time we could devote during the business day.

Luckily I have represented several bilingual clients and they have been more than willing to get on a conference call to translate. I’ve found if I can get the basic facts down and communicate enough to get started that the Hispanic clients that I have represented picked up enough English within 6 months that communication was simplified by their work to learn English.

Recently there was a great article on the subject with two main suggestions:

1. Become an Integral part of the Hispanic voice – Communicate with Hispanics, Not at Them

2. Don’t Marginalize Hispanic Consumers – Empower Their Identity

These things I knew intuitively as my grandfather was an Italian immigrant tailor who stayed bilingual throughout his life. Especially as a Cincinnati herida abogodos I have a niche area in car accidents, truck accidents, motorcycle accidents where people unfamiliar with our civil justice legal system and insurance issues could be easily taken advantage of. This is true of Americans themselves, as what to do if you are in a car accident is not taught in school.

One thing I can promise is that I will make every effort to meet Hispanic clients where they are and communicate with them in terms that they understand, even if it means enlisting the aid of an interpreter.

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From Sugarland To The Who No one Should Ever Die at a Music Concert

Monday, April 9th, 2012

Recently a judge ordered Jennifer Nettles of the country group Sugarland to give testimony in the Stage

Who concert deaths


Fair Collapse involving Sugarland. Seven people were killed and many more were injured when the stage collapsed.

The area of inquiry is simple. Did the band refuse to delay the start of the concert because of severe weather.

On December 3 , 1979 the Who concert in Cincinnati, Ohio spawned death and injuries , not because of a stage collapse , but because of the push of the crowd and the stampede to get in that caused crushing injuries from the inability to breath in the mass of people crushing each other, resulting in the killing of innocent youth.

It’s somewhat shocking that since then the Who case was just the tip of the iceberg. The tip of the iceberg is now visible yet one more time in the guise of the Sugarland concert. According to estimates available , the post-Who concert tragedy period has produced at least 132 concert crowd safety-related deaths worldwide-crowd crushes, festival seating deaths, over crowding, moshing, violence, etc. (Forty-nine deaths, or 37 percent, were in the United States. ) In addition, over the last 30 some years hundreds of thousands of concertgoers have suffered injuries and property damage costs in the United States can be placed in the millions.

Although the Who death dealt with crowd management and the Sugarland concert dealt with stage collapse the international Association of Auditorium managers needs to be more proactive in developing stronger standards that would , if followed prevent anymore music concert and deaths.

By Anthony Castelli Serious injury and wrongful death lawyer can be reached at 513-621-2345

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