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You are currently browsing the Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli blog archives for August, 2012.
Archive for August, 2012
Sunday, August 26th, 2012
Progressive insurance reached a settlement in a fatal car accident involving the death of Kaitlynn Fisher. It took a jury verdict and her brothers blog post that created a public outcry and still Progessive wordsmiths their position of fighting the claim.
The Facts of Kaitlynn Fisher’s Claim Against Progressive
Kaitlynn Fisher was killed in a fatal auto wreck caused by Ronald Hope running a red light. The insurance he has was not enough to cover the losses and damages and so a claim was also made against Ms Fisher’s own insurance policy for underinsured motorist coverage.
Underinsured motorist coverage depending on the state pays damages the one suffers as a result of a car crash the are uncompensated because the negligent party did not have enough insurance to pay for all of the damages. In order to collect from Progressive or any other underinsured motorist carrier you normally have to get the negligent person’s insurance to offer their liability policy limits. The insured then needs to tell it’s own insurance company that they have an offer of policy limits and would like to release the at fault party and proceed with a claim for underinsured coverage. The insurance company can refuse to allow a release and force you to sue the person that caused the injury or death as well as your own insurance company. In this case that was Progressive.
In Kaitlynn Fisher’s case Mr Hope’s insurance paid off, but suit still had to be filed against him and Progressive. A trial was held and Progressive’s lawyers tried to argue that Kaitlynn was at fault so Progressive would not have to pay anything. There was only one eye witness who put blame on Hope and the jury rendered a verdict in favor of Kaitlynn’s estate.
Progressives attempt to pass of responsibility on its own insured made her brother quite upset. The infuriated Matt Fischer, Kaitlynn’s brother, he wrote a succint article about the case titled My sister Paid Progressive Insurance to Defend Her killer in court. Progressive responded that it did not defend her killer. Mathew wrote another blog post describing what exactly happened in court . This clearly showed that Progressive did try to pin the blame for the accident on its own insured.
There was a ground swell of “this stinks Progressive” from the public which was surprising to me since many less enlighted brain washed by insurance propoganda think that anyone trying to make a claim is a fraud. but Mathew Fischer’s posts elegant in their simplicity and clarity turned the tide of public opinion.
Progresive’s Response After Settlement Is Still a Spin Job
Progressive released a statement after they settled. The statement called the liability (who ran the red light) a disputed issue and therefore they said that this issue had to be decided in Court. But they still did not admit they tried to blame their own insured Kaitlynn or defended the other driver. Here is what they said,
“As a defendant in this case, Progressive participated in the trial procedures on our own behalf while Nationwide represented the other driver.”
My God, if you read Mathews article their participation was a full defense for the driver that killed Kaitlynn. And why. Because Progressive do not want to have to pay their underinsured motorist coverage.
Progressive’s Acts Are No Different Than What Your Insurance Will Do
If you have another insurance company do not for one minute think they would have done anything different. Your personal injury insurance settlement is dependant on force and power. Insurance companies are in business to take in premiums and pay you as little as possible. Why do you think they tell you not to hire a lawyer. Because now you are a real threat to them.
by Anthony Castelli Cincinnati personal injury Attorney. He works to help seriously injured people heal financially and emotionally by taking on big insurance seeking the best possible settlement for his clients.
8170 Corporate Park Drive,
Thursday, August 23rd, 2012
There was a great development for personal injury law as one of our 50 states used their own Constitution to overturn caps on non economic damages in malpractice claims. Although I am an Ohio attorney and this decision from the Missouri Supreme Court is not precedent in Ohio, it does have value for personal injury victims everywhere.
Apparently the lock step reaction to cut down the amount those responsible for harming others are required to pay has been halted. Instead of the Chamber of Commerce and big business and insurance interests being bowed down to, the sanctity of the individual and the sanctity of the jury trial were recognized in Missouri in the recent decision. And this bodes well for the rest of the country. Missouri followed states such as Florida and others that have constitutions that state , “The right to a jury trial shall be inviolate.”
In Ohio we have a cap on non economic damages. Ohio limits non economic damages to $250,000.00 – $350,000.00. However there is a way around this is some cases. There shall not be a cap on damages if the evidence shows:
(a) Permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system;
(b) Permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life-sustaining activities.
Nor is there a cap on damages in a fatal accident claim. Medical malpractice has it’s own built in cap separate and apart from all other negligence claims.
Although the Ohio statute was held constitutional so had the statute in Missouri. What will cause this to change. Normally it is the make up of the Ohio Supreme Court. Although a Supreme Court Justice is voted in by the public their political affiliation is not listed at the ballot box. So find out the political affiliation of the Judges. It is normally the case that the Democratic justices do not go along with caps on damages. Right now there are 6 Republican justices and one Democratic.
by Anthony Castelli Attorney accident and injury law Cincinnati, Ohio 513-621-2345
Friday, August 17th, 2012
Whiplash otherwise known as a flexion extension injury can have serious consequences. Bodily injuryvictims, especially in rear end car accidents, may end up with memory difficulties, mood disorder that can be evidence of a brain injury.Often scoffed at because of ignorance an acceleration deceleration injury is nothing to be taken lighly. Many do not even realize that their inability to concentrate, their forgetfulness, and mood change was caused by a car accident. You may not remember how you were momentarily stunned.
Flexion Extension Acceleration Deceleration Defined Head Injury
Acceleration means speeding up. Deceleration is the opposite. It’s slowing down. Flexion means bending forward and extension is bending back. In a rear end collision the torso is accelerated forward with the car, but the neck supporting the head moves backward in extension. Then the head bounces forward into flexion. Thus we have the term whiplash which describes the head being whipped back and forth and the neck being stretched.
During this movement the brain encased inside the skull can slap the bony portion of the cranium causing injury to the brain. There does not even have to be a striking of the head on any object. Watch the video below to see what can happen in a rear end collision.
A new study published in the July issue of Brain Injury, Chiari and Whiplash Injury, co-authored by Ezriel demonsrates that whiplash may also cause brain changes resulting in brain injury. 1200 MRI scans were studied and the authors concluded that brain injury occurred in 23% of the cases studied.
by Anthony Castelli Attorney Cincinnati brain injury lawyer offering free consultation for serious injury victims
8170 Corporate Park Drive
Cincinnati, Ohio 45242
If you have suffered symptoms of dizziness , memory loss , confusion, headaches , arm pain, hand pain , tingling or numbness your injury may be very serious. You may have a closed head injury called a concussion or a TBI traumatic brain injury or you may have a spine injury. DO NOT try to shake it off or ignore it. Get competent medical attention right away. Then to protect your legal rights contact a personal injury attorney.
Thursday, August 9th, 2012
Distracted driving a motor vehicle is a recipe for disaster. Distracted driving can take many forms such as tuning the radio, dialing a cell phone and texting. The statistics on car accidents caused by distracted driving are staggering. Hundreds of thousands are injured each year because of this.
Lives and families are destroyed by this carelessness. At 30 mph, if you take your eyes off the road for 2 seconds you would have traveled 90 feet without watching the road in front of you. Recently an Ohio family shared their story of their motorcycle riding son that was killed because a truck driver was using his phone and drifted left of center.
The law calls this a wrongful death Pursuing a wrongful death claim is often the only way a family can get some justice for their father, son, mother, child being killed in a car accident caused by distracted driving. But prevention of these distracted driving accidents is far better than the aftermath. So please watch this video. and the next time you start to use your cell phone in the car either put it back in your pocket or wait untill you can pull off the road.
by Anthony Castelli Attorney injury lawyer
8170 corporate Park Drive
Cincinnati, Ohio 45242
Monday, August 6th, 2012
If you are wondering whether you are entitled to Social Security Disability benefits because you are so ill or injured that you can not work I offer a Free Disability Evaluation for Ohio residents. All you need to do is answer these short questions below in the box in the upper right hand corner and I will contact you. I will answer all of your questions.
If you have been denied benefits it is even more important to contact an experienced social security attorney because the clock is running on your time to appeal. If you have been denied and do not appeal in a timely manner you could loose some or even all of your social security disability benefits.
If I decide you have a case and believe I can help you there is no monetary fee risk as my fee is based on the recovery of past due benefits for you. In any event the Evaluation is totally without charge or obligation. So please answer the following questions in the box located at the upper right of this page.
1. Are you working? If so, have you cut down your hours?
2. When did you stop working?
3. Have you applied for social security benefits? If so, have you been denied
4. Are you under a doctor’s care?
5. What is your illness or injury that keeps you from working?
I will personally get this email. It is totally confidential. If you prefer you can call me at 513-621-2345 for your Evaluation
No attorney client relationship is established until a written fee contract is signed and approved by the social security administration.
Anthony Castelli Attorney
8170 Corporate Park Drive
Rural Counties in Ohio Brown, Adams, Highland, and Clinton Have Bad Car Accidents and Deserve Great Personal Injury Attorneys
Wednesday, August 1st, 2012
Find a Great Personal Injury Attorney for Your Car Accident in Brown, Adams, Highland, and Clinton County, Ohio
Finding a great personal injury attorney in Brown County, Ohio may not be easy, but it can be done. Georgetown is the county seat and the location of the Courthouse. The same can be said for Adams County, Ohio, population 28,000 with West Union as its County seat. Also in the Southwest corner of Ohio is Hillsboro, the county seat of Highland County and to the north is Clinton County, Ohio with Wilmington as its county Seat.
There are very serious car accidents that occur in these counties. I just finished a child injury case in the probate Court of Hillsboro. A 16 year old girl suffered compression fractures in her neck and a chip fracture in her back as well as significant scarring. The young driver of the car she was in lost control. No drinking was involved . The resolution was a settlement for $200,000 from the liability insurance carrier.
I have also handled cases in the other counties. We meet where it is convenient. In the old days attorneys used to ride circuit with the Judge. It’s a source of pride for me to sit in someones kitchen or living room and find out just what happened to cause their serious bodily injury. Although my office is accessible just off Montgomery road at I-275 many seriously injured in the outlying Ohio counties are not healthy enough to travel. So I’m happy to meet you in your home if you were hurt by the fault of a careless auto driver.
So if you were injured in Georgetown, Brown County or Hillsboro, Highland County or any rural outlying county and are looking to hire a personal injury attorney I invite you to check out my web site www.castellilaw.com and give me chance to help you get every last penny you deserve to make up for your injury.
Please watch this short vido where a few of my clients tell you about their experience with me.
Anthony Castelli Attorney
513-621-2345 Please call today for a free consultation . If we take your case there is no fee unless we recover money for you. Nothing comes out of the car property settlement.
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"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