Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

Archive for the ‘car accident injury lawyer help’ Category

Advanced Issues in Bodily Injury Insurance Claims

Wednesday, June 4th, 2014

Recently I lectured at a seminar put on by the National Business Institute called “Advanced Issues in Personal Injury Litigation.”  The title I choose for this article is more appropriate as the primary focus is harms and hurts to a person’s body as opposed to their reputation. The word litigation implies a lawsuit is filed in a civil court of law. (1) However a claim for bodily injury is not necessarily a lawsuit. It is  a demand on the insurance company for payment for money damages that flow from wrongful or negligent conduct that hurt a person. A settlement can be reached out of Court with proper and complete preparation.

Lawyers are required to take continuing legal education.  This seminar was for the purpose of teaching lawyers about personal injury claims and litigation.  Their attendance got them credit towards Ohio CLE hours. When I teach other lawyers at seminars I also have to prepare materials that attorneys can take home with them. My purpose is to share some of the information I presented so that lawyers as well as injured lay persons may understand bodily harm claims better.

 

Negotiating Complex Claims With Insurance Adjusters

The above heading was the topic I presented. Although I can not cover all of the topics here let me give you an idea of what areas I covered . They included:

 

  • Proper Documentation
  • Settlement Demands
  • Expert Exhibits
  • Claim Reserves
  • Valuing My Claim
  • Most Critical Value Drivers
  • Negotiating Techniques and Mistakes To Avoid

 

It is important for the lay person to distinguish a claim they can handle by themselves and one that should be in a reputable lawyer’s hands. To me a complex injury claim involves any serious harm. That is where the art and skill of experience comes in. A simple case of an emergency room visit with one doctor follow up probably does not need a lawyer. The lay person can get as much on their own as they could with a lawyer. Just be sure you are 100% well before you ever sign a settlement release.

Look at a topic that a hurt man or woman can get a lot of value from:

 

Most Critical Value Drivers

Liability insurance companies look at value drivers. Those things that cause an injury claim to have a high value. Monetary loss is the first value driver . It is easily quantifiable. So you must gather every medical bill. Then income lost from work is the other easily measurable value driver. You must have a doctor confirm your injuries kept you from working. And you must provide the employment records. Some people take off  work without a doctors excuse. This is unlikely to be compensated.

The injured person must be able to convey the pain they experienced and continue to experience and the loss of enjoyment of life. It is the great advocate that can get this information to the insurance adjuster. This comes in the form of pictures, medical illustrations, medical records and specialist doctor’s reports. The injured person themselves often becomes the main value driver. Are they credible and trustworthy. If the plaintiff ( the person bringing the lawsuit) is not believable the claim loses value rapidly.

For further information on car accident bodily injury accident claims go to the Anthony Castelli Attorney Car Accidents Practice Center.

Source Cited

(1) Litigation Lawsuit

About The Author

Anthony Castelli has  over 32 years experience. He offers a free consultation. Anthony only gets paid when he recovers money for the injury victim. He never represents the insurance company. He can be reached at 513-621-2345 . He is located at 8170 Corporate Park Drive #220,  Cincinnati, Ohio 45242

 

 

 

 

 

 

 

 

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Cincinnati Car Crashes Icy Roads No Excuse

Tuesday, January 22nd, 2013

Icy roads in Cincinnati contributed to multiple car crashes, serious injuries and the death of a 12 year old on I-275 near Colerain avenue.   ( Source) Having just resolved a icy snowy road severe injury crash with co-counsel from another State, I was horrified to see another catastrophic loss from ice and snow.

Cincinnati Traffic Crash

The law in Ohio is very clear that ice and snow are not an excuse for violation of traffic statutes such as R.C. 4511.21 the assured clear distance statute and R.C. 4511.25 driving on the right half of the roadway so as not to go left of center.

The Ohio Supreme Court all the way back in 1967 dealt with this issue.

 

The Facts.

Two cars were traveling in opposite directions and one car unexpectedly came upon a patch of ice. The driver lost control of his car and went left of center crashing into the car traveling in the opposite direction. The ice did not excuse the vioalation of going left of center.

 

Ice Does Not Excuse Driver From Going Left of Center

The Court frames the issue as the responsibility of a motorist who fails to comply with a specific safety statute. The defendant relied on the defense of “sudden emergency.”  However the Court noted every unexpected occurence does not constitute a sudden emergency.

An emergency which will relieve the motorist from the duty to comply with a safety statute regulating traffic must arise out of something over which  the driver has no control. A self created emergency or one arising over which the driver has control cannot be an excuse.

Skidding upon wet icy roadway is a circumstance within the power of the motorist to prevent. Bad road conditions should not excuse violation of 4511.25 and 4511.26, Revised Code.

Nor is crashing into the auto or truck in front of you excused by skidding on ice. A violation of R.C. 4511.21 makes a driver at fault and negligent even though icey or snowy road was a contributing factor.

 

Authority and Citations:

R.C. 4511.25

Oechsle v. Hart, 12 Ohio St. 2d 29, 231 N.E.2d 306, 41 O.O.2d 215 (1967).

 

Anthony Castelli is a Cincinnati, Ohio personal injury lawyer with over 30 years experience. He welcomes your call for a free no obligation case consultation at 513-621-2345

8170 Corporate Park Drive #220

Cincinnati, Ohio 45242  (just off Montgomery Road at exit 50 off ( I-275)

www.castellilaw.com

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How To Maximize My Auto Crash Injury Settlement

Sunday, September 30th, 2012

car crash injury

car crash injury

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

                                                            

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I Was Hurt In a Cincinnati Car Accident – What Should I do

Tuesday, March 13th, 2012

As a Cincinnati car accident lawyer I get the question asked, ” I was hurt in a car accident what should I do? Or I get asked, what steps should I take I was hurt in a car accident that was not my fault.

11 Critical Steps to Take After a Car Accident Injury

1. Call 911 and ask for the police and life squad to come

2. Make sure a police report is made

3. Do not leave the scene until the police arrive or you are removed by ambulance

4. Give your name, address , registration and insurance information to the other vehilce and/or the police

5. If you feel you have any stiffness or soreness let the life squad take you to the hospital

6. If you are hurting tell the police as well as the paramedics

7. Report the car accident to your insurance company

8. Do not admit fault, but always be truthful

9. If you are injured seek prompt follow up care after you leave the hospital with your family doctor or the appropriate kind of doctor for your injury.

10. Take photographs of the scene, the vehicles, and any injuries or have someione do that for you.

11. See a car accident injury settlement analysis with a experienced personal injury lawyer.

Anthony Castelli Attorney Let us help you . See my client satisfaction guarantee.
8170 Corporate Park Drive 3220
Cincinnati, Ohio 45242
513-621-2345

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Cincinnati Accident Lawyer Saves Injury Car Accident Client $55,000

Monday, February 20th, 2012

As a Cincinnati accident lawyer representing car accident clients and other personal injury victims I know that my clients have many issues to address in trying to get them maximum compensation for their personal injury car accident case.

What most personal injury victims want to know at the time of the settlement is, how much money compensation will I go home with. I try to explain to my clients at the initial meeting how to get by until we reach a personal injury insurance settlement. I also explain that their medical insurance should be used since the wrongdoer normally will not pay until the end of the case. And then by their contract the medical insurer normally are entitled to be paid back after settlement. ( This is legally termed subrogation )

I had a seriously injured client and there was only $100,000.00 in insurance coverage. The medical insurance carrier paid $55,000.00 for medical bills and wanted their money back. Obviously this would not leave much for my client. I had the medical insurance company send me their policy language and I saw an opening. My client was not “made whole” by the settlement, as the $100,000 liability policy limits of the wrongdoer was all that there was to recover from. Even $200,000 would not have made her wholeas I judged and argued my client’s injuries merited a greater amount.

I argued and sent case law that the medical insurance companies’ policy did not have the right language to overcome the made whole doctrine. This doctrine states that if the personal injury victim is not fully compensated by the settlement because their damages exceed the policy limits they do not get to be paid back out of the injury victims’ settlement. That is, unless the medical insurance company has the exact correct language. The medical insurance agreed and waived their claim for $55,000.00. So my client had $55,000.00 more dollars to put in their pocket.

If you have a serious personal injury car accident case consider hiring a experienced personal injury lawyer. I welcome your call to discuss your case at no obligation and no cost to you for the initial consultation.

Anthony Castelli Attorney
8170 Corporate Park Drive #200
Cincinnati, Ohio 45242
513-621-2345

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