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Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

Archive for June, 2012

Cincinnati Golf Cart and Course Accidents and Injuries

Friday, June 29th, 2012

Ever been golfing and the golf cart rolled backwards after you hit the gas to go forward. That is one way golf cart accidents are happening. This may be a maintenance issue. People have been serioulsy injured as a result of golf carts. From falls, to rollovers to battery explosions glof course and golf cart injuries are exploding.

Of course, some injuries are because of in attention or poor judgement. Others may be considered the golf course’s or golf cart manufacturer’s fault because of a failure to warn or a variety of other reasons. One scenario is hitting the brakes while going down a wet slope. This can cause the golf cart to tip and the passengers to be thrown out and potentially crushed by the cart falling on them.

Some golf course paths are so narrow and winding with vegetation blocking the view that people end up driving off the cart path into a serious injury. If it is driver error that causes a passenger to be injured, homeowner’s insurance should be available as a source of recovery from the negligent driver.

  The American Journal of Preventive Medicine,  reports that injuries from being hit by or falling off of golf carts surged 132 percent from 1990 to 2006. Nearly 150,000 people, ranging in age from 2 months to 96 years, were hurt in golf cart accidents during that time. One reason, according to the Journal, may be that golf carts have become much faster and more powerful. Reaching speeds of up to 25 miles per hour and traveling as far as 40 miles on a single charge, golf carts now offer quick travel in a variety of venues.

Investigative technologies inc is a contact I have of professional engineers that do accident reconstruction on golf cart accidents. I recently spoke with them about what scenarios they were investigating. One of the common themes is an excessive roll back propensity.

These cases are totaly different than getting hit by a golf ball on a golf course. It is commonly thought that there can be no recovery because of a legal principle known as assumption of risk. However, there may be exceptional circumstamces such as defective screening or other issues that are risks golfers do not assume.

I am probably one of the few attorneys in Cincinnati that actually tried to verdict a case where a lady was hit by a golf ball with the allegation being that the golf course was negligent for failure to keep the protective screen in repair.   Most of these cases are very difficult in terms of liability , so the injuries must be significant. Unfortunately cases of wrongful death have been reported from golf course and golf cart accidents.

Anthony Castelli Attorney 621-2345 Call for a Free consultation

Cincinnati, Ohio

satellite office in West Chester, Ohio

For other articles on personal injury check out my Cincinnati personal Injury and Accident Attorney Blog

 

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Cincinnati Injury Lawyer Reveals What Your Insurance Company Doesn’t Want You To Know About your Settlement Until It’s Too Late

Tuesday, June 26th, 2012

I often get the qustion. “Do I need a lawyer for my personal injury insurance settlement.” My response is, “Do you want to maximize the settlement value that you receive. Do you want to net as much money in your pocket as possible. Would you operate on yourself if you had a broken arm.”  The answers to these questions are always the same.

But not every personal injury settlement calls for a lawyer to maximize value. In small cases a lawyer would have a difficult time adding value to your case. They are not a threat if you only went to the doctor once or twice and have no long term problem. Why. Because no serious personal injury lawyer would file suit on such a small case. My opinion is that you can get maximum money by yourself and I’m happy to tell you how to go about it.

But in serious injuries where the compensation you deserve justifies the power and ability of a personal injury attorney, consider  hiring an injury attorney to help maximize the money compensation you receive. The insurance company knows that if you have hired an experienced personal injury attorney you can force their hand by filing suit if necessary and proceeding to the Courthouse.

Have you ever felt like you were powerless against an insurance company. Insurance companies are in every aspect of our lives. What are you going to do? That’s why I co-authored the best selling book in the Amazon insurance category with 14 other lawyers:

Wolf in Sheep’s Clothing – before you make a fatal mistake that could ruin you injury claim, please watch this short one minute video that talks about the book and click on the embedded link  that will take you to the page where you can download the book for free. Please read

Ch 7 – Why Not Negotiate with a Wolf,

Ch 2  The insurance company offered me money but I don’t know what my case is worth and

Ch 13 When your friend becomes Your enemy.

 

 

Then Call for my legal help 513-621-2345 a no cost no obligation claim evaluation

 

Cincinnati personal Injury and Accident Attorney Blog

Anthony Castelli Attorney

 

 

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Cincinnati Injury Attorney Offers Client Satisfaction Guarantee

Friday, June 22nd, 2012

As a personal injury trial attorney I can not guarantee you a result. That would not only be foolish as well as unethical. However I know that injury victims often are unsure who they can trust. Many distrust lawyers and many distrust insurance companies.

To help you feel more comfortable in choosing my help as a personal injury lawyer I offer a client satisfaction guarantee . If you are not 100% satisfied with my services in the first 3o days after you hire me,  you may have your case back no money owed and no questions or pressure.

I hope that no one ever has to use this guarantee, but it’s my way to put you at ease,  so you are comfortable hiring me to help you with your bodily injury claim. Trust is earned . I can show you testimonials from other clients. I can show you videos of my clients talking about me. Or you can read all of the top attorney ratings I have been given. You can even see some of my results.

But every case is different. And you only have one case. The lawyer you choose can make all the difference in the world. I’ve heard plenty of horror stories about poor work done by lawyers. No matter how I try to assure you I’ll do my very best by you, proof is in the pudding. Until you sit down with me and watch how I relate to you, it’s hard to trust. At least with this guarantee you can rest assured that if you are not happy after thirty days you are covered.

I want to earn your trust. I want to exceed your expectations. I want to help you recover the maximum possible.

As a personal injury lawyer I promise to focus on you. Please watch this video to see what you mean to me.

 

 

Call me today to get my legal help for your personal injury settlement  513-621-2345

 

Anthony Castelli Attorney

8170 Corporate Park Drive

Cincinnati, Ohio

 

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How to Get Good Medical Care For Your Auto Injury With No Medical Insurance

Saturday, June 16th, 2012

As a injury attorney in Cincinnati for over 30 years I have many clients without medical insurance. Their concerns are paying their medical bills and getting adequate medical care for their auto injury. According to the U.S. Department of Health and Human Services, almost 50 million Americans are without health insurance.

Sadly I’ve had people call me too late for me to be able to help them with their personal injury claim. They may have gone to the emergency room right after their car accident injury but failed to call any injury lawyers for advice.  Now six months later they are still in pain , but received no further medical care. Given a six month gap in treatment, it is virtually impossible to get a fair injury settlement.

I have a R.N  nurse case manager on staff that does her best to keep up to date on where you can go to get medical care if you have no insurance. The local hospitals by law, the Emergency Medical Treatment and Active Labor Act, are required to provide emergency medical care to whom ever needs it. Therefore, we first advise going to your local emergency room, especially right after your personal injury. Ask them to refer you to their hospital clinic. These clinics will treat you on a sliding scale based on your income. They also have people on staff trained to help you get medicaid.

In Hamilton County you can apply at the Ohio Jobs and Family Services for medicaid. If you can get on medicaid you will be able to see most doctors especially orthopedics specialists. These are the main doctors that treat trauma.

You can also try the local health care clinics. These places can provide you treatment on a sliding scale. Some medical doctors will treat you on a lien basis. This means that you have your injury attorney, with your permission, agree to pay the doctor out of settlement. Most chiropracters will do this, but if you have a serious orthopedic injury,  not only your health but your injury settlement may not be well served by seeing a chiropractor. ( I go to a chiropacter myself for back problems . He usually fixes me up in one visit and does not treat car accident victims.) We can provide you with a list of health care clinics that may be able to help.

One myth is that attorneys have doctors in their pocket they can refer you to. This is not always helpful and the fact is the medical providers they refer you to are often chiropracters.  However, as an injury attorney with years of experience, there are medical providers I know that will treat you for you injury without requiring medical insurance. By finding a medical provider, you have a chance to recover from your injury and get a reasonable pain and suffering injury settlement.

Anthony Castelli Attorney welcomes your call for help to get the care you need and the compensation you deserve.

8170 Corporate Park Drive

Cincinnnati, Ohio

513-621-234

 

 

 

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Taser Caused Death in Cincinnati Still May Be Wrongful

Thursday, June 14th, 2012

Everette Howard Jr 18 years old is dead . I say for no good reason. The Cincinnati Enquirer led with this headline Deters: Taser Death No Crime. The article had a bunch of conclusory statements , but no real investigation.

So now its left to the civil side of justice championed by personal injury lawyers, in this case Alphonse Gerhardstein, to answer the question was the death of Everette Howard negligently/recklessly caused by the police and/or was the taser manufacturer at fault.

I don’t know the answers given the sketchy information. But by gut tells me this boy should still be alive if it had not been for the taser. It was described that Police officer Richard Haas responded back on August 6th, 2011 after a fight was reported. Mr Howard and another person came towards the police officer and the one person dropped to the ground on orders of the police officer, but Howard continued towards the police officer with balled fists and was hit with the Taser. Howard then went into cardiac arrest.

Last week Coroner Sammarco found Howard’s death undetermined. My, my. Maybe the coroner should have read the recent article on the recent study published by the American Heart Association which concluded:

Conclusions—ECD stimulation can cause cardiac electrical capture and provoke cardiac arrest due to ventricular tachycardia/ventricular fibrillation. After prolonged ventricular tachycardia/ventricular fibrillation without resuscitation, asystole develops.

Something smells about this whole incident.  Why did it take 8 months not to find the cause of death. As Bob Dylan said, “You don’t need a weatherman to tell which way the wind is blowing.” Certainly if this man had not been tased he would still be alive. Just my opinion.

By Cincinnati personal injury lawyer Anthony Castelli

 

 

 

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Nursing Home Abuse Injury and Neglect In Cincinnati Ohio

Monday, June 11th, 2012

 

It will be no surprise if nursing home abuse , neglect, or injury increases in Cincinnati and other Ohio cities. Nearly 3,000 nursing home jobs have already been lost in Ohio due to the squeeze created by an 11.1% reduction in Medicare reimbursement rates .

 

Senior news reported that States such as Ohio where state Medicaid funding for nursing homes has already been reduced – are clealy experiencing significant facility instability to the detriment of patient care and local jobs.

 

But if your loved was has sustained an injury because of neglect under staffing is not an excuse for good patient care. The nursing home facility still must provide adequate and reasonable care to prevent injury to nursing home residents.

 

Bed sores known as pressure sore still should not be permissable even though the staffhas been cut. Pressure sores are graded from Stage 1 to Stage 4. Stage one is the beginning of a pressure sore and shows as a redness normally where a bony part of the body is close to the skin in contact with the bed.

 

Stage1 –  Initially, a pressure sore appears as a persistent area of red skin that may itch or hurt and feel warm and spongy or firm to the touch. In blacks, Hispanics and other people with darker skin, the mark may appear to have a blue or purple cast, or look flaky or ashen. Stage I wounds are superficial and go away shortly after the pressure is relieved.

 

Stage 2 – At this point, some skin loss has already occurred — either in the epidermis, the outermost layer of skin, in the dermis, the skin’s deeper layer, or in both. The wound is now an open sore that looks like a blister or an abrasion, and the surrounding tissues may show red or purple discoloration. If treated promptly, stage II sores usually heal fairly quickly.

Stage 3 – By the time a pressure ulcer reaches this stage, it has extended through all the skin layers down to the muscle, damaging or destroying the affected tissue and creating a deep, crater-like wound.

 

Stage 4 – In the most serious and advanced stage, a large-scale loss of skin occurs, along with damage to muscle, bone, and even supporting structures such as tendons and joints. Stage 4 wounds are extremely difficult to heal and can lead to lethal infections and even strokes.

 

By Anthony Castelli Cincinnati Attorney accepting nursing home pressure sore and bed sore claims

For free evaluation Call 621-2345 to speak with Anthony.

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Cincinnati Attorney On Ohio Texting Law and How To Keep Your Teenager Safe

Saturday, June 9th, 2012

Ohio recently passed its texting and electronic device use while driving law. In the wake of  a new government survey that over 1/2 of teenagers admitted testing while driving this law could be a big deterrent.

 

  How The Ohio Texting Law Works

Teenagers are banned from using all electronic devices while driving. Adults are banned from texting while driving. For teenagers it is a primary offense and for adults secondary. This means teens can be pulled over if this is the only violation, while adults can be pulled over only if there is another violation.

                                                                                          Penalties

The penalties are a $150 fine and driving suspension for 30 days on the first offense. The second offense carries a $300 fine and possible one year driving suspension.

 

 How To Protect Your Teen and Get Them to Comply

 

Tell them that they could go to jail if they cause and accident especially a death. There have been criminal convictions for those guilty of causing a motor vehicle collision while texting. Also get them to sign the parent teen safe car driving contract available at my web site Anthony Castelli Accident and Injury Attorney.

This law has been long in coming for the state of Ohio.  Ohio is the 39th State to enact this kind of law. Just today in the Cincinnati enquirer Ray Lahood US transportation secretary was quoted that he was going to pressure the states to do more. This of course is done by awarding or withholding money to the States.

Remember adults are also guilty of distracted driving. if your teen sees you using you cell phone in the car, what message are you sending.

by Anthony Castelli attorney. If you are seriously  insured in a car accident due to distracted driving of another or the fault of any kind  I would be happy to speak with you at no charge to see how I can help.  Call for my legal help 621-245

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What Allstate Document Says About Personal Injury Attorneys Getting more Money For Their Accident Clients

Friday, June 1st, 2012

Once upon a time AllState insurance company hired a consultant, the McKenzie company, to help them save money on accident and injury  claims. One of the biggest things they came up with was to keep the claimant, the injured person, away from a personal injury lawyer. Why.   Because they estimated they would pay as much as much as two to three times more money when the claimant had an attorney vs when they   did not. (Not always true but here’s   the document.

Allstate Document

Click on the above document to make it larger and readable, or click on the link just below.

http://blog.castellilaw.com/files/2012/06/allstate_Page_011.jpg

OR JUST READ THE COPY OF DOCUMENT C000011364

  Exhibit Discussions Guide (con)

Exhibit 4;  BI Soft Tissue Cases $1500-$15,000

    Stress the importance of the unrepresented segment

    We end up paying claimants up to three times as much as unrepresented claimants with similar imjuries.

     Point out the tremendous opportunity associated with reducing the need for attorney involvement

…………………………………………………………………………………………………………………………………………………………………………………

So Allstate came up with a scheme/program to teach adjustors how to keep claimants away from attorneys. I call it the love affair and wrote about it in the best selling book Wolf in Sheep’s Clothing What Your insurance company doesn’t want you to know and won’t tell you before it’s to late.

See Chapter 13
WHEN YOUR FRIEND BECOMES YOUR ENEMY
By Anthony D. Castelli, Esq – 159

So when you go to think about settling your own claim without a lawyer think about  this saying , “Don’t cut off your nose to spite your face.”  Please think very very seriously about handling your own case. What is the chance you will ruin your opportunity to be made financially whole for the injuries and losses you suffered if you try to settle your case alone. It appears Allstate is counting on you to try to go it alone. And don’t think Allstate is the only insurance company that is like this. Every insurance companys’ goal is to take in premiums and pay out as little as possible

Call Anthony Castelli today for a free consultation.   Get my 30 years of experience resolving injury claims today.

513-621-2345 

 

 

 

 

 

 

 

 

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