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You are currently browsing the Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli blog archives for September, 2012.
Archive for September, 2012
Sunday, September 30th, 2012
As a car accident attorney for over 30 years you learn what is important to help an person negligently injured by another get the highest compensation. This comes from years of dealing with different insurance companies, different injuries and different adjusters.
The most critical thing as a young lawyer was to learn to take personal injury claims in front of a jury when necessary. Only then did I have the full picture as to what worked. I had the confidence to know that if the client was getting a low ball offer I could file a lawsuit and put on a personal injury trial. This also builds a reputation with insurance companies and defense lawyers that you are the kind of lawyer that will not back down. This promotes more reasonable offers of settlement.
Critical Things To Help Your Chance For Maximum Compensation
Most clients do not want to go through a trial . The key is to prepare the case as if it is going to trial. That way the insurance company knows they need to put a good settlement offer on the table if they want to resolve the matter.
Here are a few tips that can help get a better dollar figure in your pocket.
1. Get a doctor’s report that discusses the motor vehicle crash as the cause of the injuries. Also have the doctor talk about the permanency of the injuries and any restrictions they cause. Get it soon rather than later especially in cases with prior conditions that have been aggravated. The critical piece is that he doctor reviews the prior records of any similar injury . Otherwise the adjuster will negate the report as being based on inadequate information.
2. If this was a significant automobile wreck in terms of vehicle damage continually point that out to the adjuster. If the car damage looks like someone could have been seriously hurt you want to keep this in the forefront of the insurance company’s mind. Send them color copies of your photographs even if they have their own.
3. Take photographs of your clients injuries. A picture is indeed worth a thousand words.
4. Keep the adjuster updated on your clients injuries and treatment. An insurance company is required to set a reserve for each case. The higher you get them to set a reserve the better your chances are of getting higher compensation.
5. Hire a competent personal injury lawyer that will prepare your case and spend what it takes to put your insurance auto claim together for proper evaluation. The insurance industries’ own documents bear out that generally injury victims represented by an lawyer will get a higher result. This has been documented time and again by attorneys from across the country that the insurance company does not want you to hire a lawyer because they will likely have to pay more money. You are no threat to them without the ability to reject their offer and file a law suit.
by Anthony Castelli Cincinnati car wreck accident attorney. Anthony is always happy to meet with you to evaluate how you were hurt in a serious injury claim at a free consultation. Call him today at 513-621-2345
Sunday, September 16th, 2012
As a Cincinnati personal injury lawyer I know that if you have been seriously injured by the fault of another you probably are wondering what to do. Should you deal with the insurance company on you own? Can you afford to hire an attorney. What about all these strange calls you have been getting? How about all these letters from lawyers? And the bills are mounting up. And the doctor is really not getting me any better. Who can I trust ? Where can I turn.
You do not ever have to fight alone. My father was a world war II navy hero. My grandpa was an immigrant tailor. They taught me to respect everyone and lend a hand to those in need. That’s why I’m a personal injury lawyer today fighting for justice for injury victims. It goes without saying that my number one goal for you is to get you as much money as possible to make up for the harm caused to you.
But I also want you to feel that you have found an ally, a friend ,someone you can talk to about your fears and your hopes. I think this song says it best how I would like you to feel with me on your corner.
When you walk through a storm
Keep your chin up high
And don’t be afraid of the dark.
At he end of the storm
Is a golden sky
And the sweet silver song of a lark.
Walk on through the wind,
Walk on through the rain,
Tho’ your dreams be tossed and blown.Walk on, walk on
With hope in your heart
And you’ll never walk alone,
You’ll never walk alone.
My promise to you is you will never walk alone. Just call me for help.
8170 Corporate Park Drive
Cincinnati, ohio 45242
Saturday, September 8th, 2012
As a Cincinnati Ohio personal injury lawyer I have to calculate a fair value for the harm caused to my clients almost daily. In order to do that I need to know that law on damages. I also must walk in my client’s shoes. Even though the law on damages is the same the many factors that go into the mix of a particular case is different.
You might find it unusual but the best lawyers start preparing a case by looking at the jury instructions. What will the judge tell the jury about the law on damages. In fact what are the damages that you can claim in Ohio.
Once you know the damages recoverable you can work backwards to see where those damages come in the case naturally and where they need to be buttressed by good solid medical opinion. There may be many other experts such as economists, vocational specialists, psychologists, physical therapists, lay medical experts that need to write opinion letters and be ready to testify. It’s stong preparation that lets an insurance company know that you are ready to stand tall with your head held high and request with a firm lip what you deserve.
“Walk softly and carry a big stick you shall go far” as Teddy Roosevelt said.
With this video below I offer you my version of the Ohio personal injury settlement calculator. A free download. How a jury would determine what your damages are worth. Or at least what the judge may tell them they are required to consider if there is proof. The video speaks about what must be undertaken to convey those damages. In a small case you may convey those yourself. In fact I limit my practice to serious injuries. Those where I believe I can make a difference by hopefully putting more money in your pocket than you could do by yourself.
I promise that if you give the information necessary to download the calculator you will only get one email from me. It will ask , “Can I answer any questions for you at no cost.”
Injury Settlement Calculator
So please remember that this is just the start. Knowing what damages are recoverable does not mean that you know how much is fair . Nor does it mean that the insurance company is going to help you take food out of their mouths even though someone took food out of your mouth by carelessly changing you life. . Maybe forever. So you deserve a fair shake . You deserve to be made whole. You deserve to recover physically as well as financially.
Anthony Castelli Attorney Accident and Injury Law has 30 years experience. Call for his legal help. 513-621-2345
8170 Corporate Park Drive #220
Monday, September 3rd, 2012
As an personal injury attorney I deal with car accidents on a daily basis. But safe teen driving and conversely its’ perils have become very intimate lately. My son just got his temporary permit but that was not the issue. I recently caught him with a sixteen year old driving my son and another friend in the car. Both are not quite 16.
Supposedly he was going bowling and the father of his friend was going to take them. He got out of the house while I was not home and his mom was downstairs doing laundry. So we did not see who picked him up. I just had a sixth sense that he was out with friends. Luckily we are hooked into our kids with cell phones and when I went to where he was supposed to be and did not find him I called him and gratefully he answered.
Ohio Teen Driving Law
Most states have gone to graduated driving. This means there are certain restrictions on what a 16 and 17 year old driver can do. In Ohio, probationary drivers under 17 are not permitted to operate a motor vehicle with more that one person in the car who is not a family member unless accompanied by the driver’s parent.
Also 16 year olds are not permitted to drive a vehicle between midnight and 6 AM. 17 year olds are not permitted to drive between 1 AM and 5 AM unless going to or from work or school. They must have on their person a valid form from their employer. There are fundamental accident prevention reasons for this.
Statistics on Teen Driving Causes of Crashes
Studies conducted by the Intitute of Highway Safety have shown that one passenger doubles the risk of a crash among teen drivers, two passengers triple the risk. Three or more passengers increase the risk by more than 6 fold. For nightime driving restricted between 12-5 AM there is a reduction on the order of 20% and increase the restriction from 9 pm the reduction in nightime fatalities has been up to 40%.
Eight American teens die from motor vehicle injuries every day. If there was a disease doing this every American medical researcher would be looking for a cure. Car accidents are the leading cause of teen death in the United States. Although declining presumably because of graduated driving laws its still a major issue.
Some Solutions To Teen Car Crashes
As a trial lawyers we can become involved with our schools and teach programs to educate the students and parents. We know how to talk to people. We know how to pursuade. It’s not fear that is going to persauade. Gory pictures do not do much , but a rational approach can work. Roberl L Sach Jr has a great article on Teaching Teens About Safe Driving in the Asssociation for Justice Trial magazine Feruary issue.
Of course the driving drunk scenario is always an issue. Maybe more importantly is the ability for a teen to say no to driving with a drunk driver. It’s not only your child’s driving you must be concerned about, but the person driving your child.
1. Get your teen to sign a safe driving contract . This at least makes clear the ground rules, expectations and consequences.
2 .Be engaged with your child. The parent that asks;
a. Where are you going?
b. Who are you going with?
c. What stops will you be making?
d. Will there be any drinking?
e. When will you be home?
f. Keep your phone on and check in with me.
Has a better chance of preventing a harmful driving event.
Give your child chance to get out of trouble gracefully. Let them know if they sense a problem, such as the driver of the car is drinking or too many people need rides, that they can call you for a free ride and no discipline will be given .
Back To My Son
My son was grounded for the week and their was a big party he wanted to go to that he missed. He thinks he just told a lie, and since he apologized that should be it. But he does not understand the enormity of “joy riding” with two other friends, even if it was in the middle of the day and no drinking was involved. It’s not only illegal for the driver but unsafe for my son and the others in the car. It is the first time he’s ever had any real punishment. A child that was my best buddy now hardly even speaks to me. It hurts me deeply. This too shall pass. How much worse would it be to deal with a serious or even fatal injury . I do not even like to write those words. But if I put my head in the sand what kind of parent am I.
by Anthony Castelli Attorney
8170 Corporate Park Drive
"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