Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

Archive for the ‘car accident’ Category

Cincinnati Bus Accident Brake Failure is No Defense

Sunday, January 15th, 2012

Recently a Cincinnati bus accident in the Walnut hills was reported by the local news services. They reported an SUV crashed into a bus at an intersection because of its brake failure. There was personal injury involved.

As a Cincinnati personal injury lawyer I have heard the brake defense before. It’s a good thing the law has a doctrine called negligence per se that can only be defeated if it was impossible to comply and brake failure is determined not to be something that makes it impossible to drive at a safe speed or within an assured clear distance to avoid a car accident. So in other words people can not excuse their negligent conduct in driving and causing a car crash.

However the legislature now allows a defendant to prove some other cause was at fault and you may be able to only recover a portion of your injury damages attributable to the person you sued. So now even a simple car bus accident injury can be complicated. So the best thing an car crash injury victim can do is contact a personal injury lawyer to protect their rights to a just insurance settlement.

Cincinnati injury lawyer

As always Anthony Castelli attorney Cincinnati personal injury lawyer welcomes your call for a free injury claim consultation in serious injury cases. Call 513-621-2345 to get help from Anthony

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Car Accident Injury Compensation – How to Get Money For My Injuries

Friday, December 23rd, 2011

People injured in car accidents want to know how to get car accident injury compensation. They want to know how to get money for their injuries. This is rightfully so and is guaranteed by our Constitution offering life, liberty and the pursuit of happiness.

Injury victims are not looking for a free ride . They just want to get their medical bills paid. They want their wage loss compensated. And they are entitled to get money to make up for the pain they endure and the limitations on their activities. Not being able to lift your child. Not being able to get out of bed without a sharp pain. Walking on a cane. Those are just a few things I have had clients have to deal with.

The insurance company wants to pay you as little as possible so how do I get money for my injury. What do I do so I can pay my bills. Here are some things you can do to at least attempt to be made whole.

5 Steps Car Accident INJURY Victims Should Take to get Money for Their Injury

 

1. Document your injury with pictures and good records.

2. Get competent medical treatment

3. Do not allow there to be any gaps in medical treatment

4. Make sure your doctor knows how your injuries are affecting your life

5. Hire a car accident injury lawyer dedicated to getting you money. Make sure this lawyer has tired 10 or more personal injury jury trials

As a Cincinnati car accident injury lawyer I have dedicated the last 30 years of my life to getting justice – fair compensation for my clients. I’m still passionate after all these years. I’ve had over 25 civil injury jury trials.  I welcome your call today for a free consultation at 621-2345

 

 

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How Do I settle my Accident injury What is it worth

Tuesday, February 1st, 2011

 Many accident injury victims want to know what their case is worth and how can they settle it. The temptation is to buy one of those self help books. Let’s examine what they really have to offer.  The reality is that they can not take the place of an experienced personal injury lawyer, and in fact cost you more. And most of them end up saying if your case is really serios hire a personal injury lawyer.

What is the single greatest thing I can do to increase the value of my claim? Pray tell. I bet it’s to buy Your book.

Answer:  Buy my book.

Auto Accident Personal Injury Insurance Claim (How To Evaluate and Settle Your Loss)

Contains the exclusive BASE Formula that places a specific value on personal injury including “pain and suffering”Sorry folks there are no formulas that you can aply to each case . Each case is as different as a snow flack. There are multiple factors to consider but no formula such as 3 times your medical bills

However, the book also says that where the services of a lawyer or other professional is called for, such advice should be sought accordingly.   In fact it specifically states: “…if your medical diagnosis includes bone fractures, a herniated disk, serious aggravation of a pre-existing condition, prenatal difficulties, or almost anything diagnosed to be more complicated than a “soft tissue” type of injury, it’s not wise for you to handle your claim yourself. You should engage an attorney to represent you.” 

That’s a direct quote from the advertisement for the book!

Allaboutcaraccidents .com has some great free articles. If you can not find the information you seek about your injury settlement take a look there. Here is an example about what they say about how much a car accident injury settlement is worth.

http://www.all-about-car-accidents.com/accident-settlement-value.html

Multiple of Specials  (Let’s See what they say)

To determine accident settlement vlaue, you add these elements of damage together . . .

  1. Medical bills.
  2. Lost income.
  3. Pain and suffering damages. (How about loss of enjoyment of life) This is a line itme damage in addition to pain and suffering

The insurance company may challenge the amount of medical bills and lost income that you claim.  The much more difficult question to answer is . . . how much are you entitled to recover for your pain and suffering?

One common method of estimating the unknown — pain and suffering damages — is to multiply the known — the out-of-pocket expenses for medical bills and lost income — times an arbitrary multiple. The out-of-pocket expenses are called “special damages” or “specials.” In a case that does not involve serious or permanent injuries, and where fault is reasonably clear, accident settlement value is determined under this system by multiplying “specials” by somewhere between 1 1/2 and 4, depending on the circumstances of your case.

Again I say  there is no such thing as a multiplier. what if your leg was amputated in the emergency room and your medical bills were $50,000. what multiplier is even close . There is none. There’s a multitude of factors that drive value, but a multiplier is not one of them.

But the amateurs trying to sell books keep pumping out this garbage. here’s another one of their examples.

If you received a neck injury in your car accident, incurred medical bills of $2,500 and missed a week of work, which cost you $1,000, your “specials” are $3,500. Depending on the other facts in the case, the accident settlement value of your claim is somewhere between $5,250 (1 1/2 times specials) and $14,000 (4 times specials). THERE IS NO SUCH FORMULA.

HERE ARE SOME THINGS TO CONSIDER.

Whether there are any aggravating circumstances in the accident, such as drunk driving or driving under the influence of drugs. If there are aggravating circumstances damages will be higher.

The seriousness of your injuries. Obviously, more serious injuries demand more compensation than less serious ones. For example, broken bones are considered more serious than soft tissue injuries. (My experience, however, is that soft tissue injuries (sprains and strains) can be quite serious, causing significant long term problems. Don’t let insurance adjusters scoff that you “only have soft tissue injuries” if there is nothing “only” about your injuries.)

How long your recovery took. For example, a 6 month recuperation normally entitles you to more than a 2 month recovery.

Whether you recovered completely. If you will have permanent consequences, you are entitled to more. In fact, if you have a permanent injury of any significance, I recommend that you consult with a car accident lawyer about your case.

Finally, before deciding on the most reasonable multiplier to use to calculate your accident settlement value, take a common sense look at the case. If the out-of-pocket monetary expenses are particularly high compared to the injuries, use a lower multiple. An example is someone who is taken to an emergency room from Why do they keep talking multiplier. the insurance company will deny it and the jury’s won’t by it. It’s not logical.

  A Per Diem Approach is the best. How many days did they suffer and will they suffer in the future. You were given a job. a job you did not want. you job was to endure pain and limit your activities.

One author recommends that you use $3,000 per month as compensation while your injuries were being treated. According to the U.S. Census Bureau, as of 2006, this was the approximate median income for U.S. males. Your reasoning, therefore, is that dealing with pain from your injury while it was acute was at least as difficult as doing the average job in this country. more months of symptoms, the total pain and suffering amount under the per diem system that I recommend is $11,000, and, when the out-of-pocket expenses are added, the total accident settlement value is about $14,500.

Another way of using a per diem approach is to use your actual income figures as a measure of damages for the time you were in active treatment, reasoning that dealing with your injury was at least as difficult as the job that you normally do. I prefer this method of determining accident settlement value for several reasons. First, it gives you a reasonable answer to the question “how did you get that figure for pain and suffering?” Second, it is a method of valuation that you can use if your case goes to court.

In court, the multiplier approach  ais not formally recognized. You can’t stand in front of a judge or jury and tell them you want 3 times your special damages. At least judges and juries are not supposed to calculate damages that way. Instead, they are supposed to award the amount that they decide is reasonable, fair and adequate for each compenent of damages — medical bills, lost income and pain and suffering. Therefore, you can use this system to explain to a judge or jury what you claim and why you claim.

And I submit this last method is worthwhile to explore. It ties your injury to something tangable. One more thing. The jury better like you and you better not seem greedy or a whiner. You won’t recover much if that’s the case. Human Nature Prevails.

by Cincinnati car accident injury lawyer  Anthony Castelli Call For a Free no Obligation evaluation of your case 1-800-447-6549

 

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How To Settle Your Own Injury Claim Yourself Book Review

Monday, December 13th, 2010

There are some web sites that tout books variously titled How To Settle Your Own Personal Injury Claim Yourself. You can pay up to $100 dollars for some of these books. I wanted to see if they were selling snake oil to the consuming public. Yes and No is the answer. The book I reviewed is by an lawyer. It does give some educational material about the claims process. So its not ALL snake oil.

But their guarantee says it all. (Snake Oil) The say you will save as much or more as the price you pay for the book. Read even further and they tell you Amazingly the way they say you will save this money is by getting an insurance quote through an aggregator. So all your personal information is now captured by third parties. And they say get a quote two months after your settlement. If your insurance company raises your rates (which they should not do because we are presuming a not at fault accident) you can use this information to tell them you can get a better rate and if they do not lower your rate you can buy other insurance. So their guarantee has nothing to do with saving money on your settlement.

Not all cases need attorneys. Most real lawyers I know will tell you this without selling the information to you. Small cases can be handled by yourself. In fact, most serious personal injury attorneys limit the cases they take to serious injuries. Guess what the book says about that. “Please do not try to settle your case if you have a serious injury, a fatal injury , a brain injury or a permanent injury.”

They go on to say, “Injury lawyers have their place. There is no question about it. Good attorneys can increase your settlement substantially. There are certain claims where you NEED TO HIRE AN ATTORNEY i.e. brain injururies, permanent injuries, fatalities…. on these claims a lawyer is needed and the fee they charge (normally 33 1/3%) is well worth it.”

Well well well. In a book touting “settle your claim yourself” comes out the reality they tell you themselves. If you have a significant injury hire a personal injury lawyer.
I’ll have more to say about this book in the future.
I believe based on my experience their discussion of Colossus, the computer program started in use to value claims by Allstate in the United States is also not totally correct.

I invite you to call me at 1-800-447-6549 for a no obligation free consultation about your personal injury accident settlement .

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Get the Secret Item of Fair Compensation For Car Accident Damage

Saturday, November 6th, 2010

If your car was damaged in a car accident by the fault of another you need to know about this item of damage so you get full compensation. This little known secret item of damage to your car is called dimuniation in value.

This is what it is . Its the decrease in value to your car because it was in an accident. Even though your car may be repaired to you satisfaction, you are still entitled to more money from the insurance company if you will not be able to sell your car for a fair amount because it was in a car crash . The leading case in Ohio is Rakich v. Anthem Blue Cross .

So if you want to know how you are going to get fair value for the damage to your car from a car accident tell the insurance company you also want dimuniation in value. This works best with a fairly new car and damages of at least $4000. The best way to prove this is to ask your dealer to write a letter stating they would pay you less because for the car was in an accident.

by Cincinnnati car accident lawyer Anthony Castelli . Call to get your questions answered 1-800-447-6549

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What is Your Back Injury Case Worth -Cincinnati Lawyer

Sunday, October 10th, 2010

If you have a serious back injury caused in a car accident by the fault of another you may wonder what your case is worth. There is no hard and fast answer to that. Let me illustrate by just a few cases I looked up.

1 Hernated disc in back with no surgery and $7000 in medical bills settled for $40,000.00

2 Herniated disc in back with surgery and permanent pain medical bills were $36,000.00 and losr wages $150,000.00 settlement $338,000

3. Herniated disc $10,000.00 in medical bills surgery settlement $63,000.00

4 hernated disc jury verdict $116,000.00

5. herniated disc 4457 in medical bills and $1200 loss wages, settlement $61,000

There are so many variables. All these cases assume that the car accident was the other person’s fault. What you do not know is was there prior injury, was there gaps in treatment, was the car damage significant, were the symptoms consistent and immediate, was there significant pain, was there limitation of activity, did the defennse doctor agree or disagree, was the person injured someone that worked hurt or was a constant complainer that would put off the jury, was the defendant a big company.

All of these facts get taken into account and many more. Each case is different. How does the layperson get a clue as to what their case is worth and whether a settlement is worthwhile. You really can not count on the insurance company to tell you . Why should they. They are your adversary. You really need to find a competent experienced personal injury attorney and place your trust in them.

Here is a video I made on the two biggest mistakes that injury victims make in their evaluation.

By Cincinnati West Chester Ohio car accident injury attorney call Tony to get help now 1-800-447-6549

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