Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

Archive for the ‘child injury’ Category

Insurance Settlement for Injured Child $200,000 Expedited by Attorney

Friday, July 27th, 2012

Press Release: Cincinnati, Ohio

July 27,2012

 

Insurance settlements for injured children can drag on for ever sometimes. However this does not have to be the case. Recently I settled a car accident injury for a young girl that sufferred a chip fracture of her cervical (neck )vertebra. In addition she had a compression fracture in her back and a scar over her left eye.

Unfortunately there was no medical insurance to cover her bills , especially the large ones from Cincinnati Children’s Hospitals. You may be interested in how we were able to get an insurance settlement within a year. Here is how we did it.

We made an effort to get all records and bills as soon as possible. The initial inpatient  hospital charges were close to $65,000. We documented her injury with pictures that we furnished to the insurance company. We furnished the medical records and got a comprehensive report from her doctor.

We also got the insurance company to disclose all liability insurance policies that covered the car driver that caused the accident. Given all that information and documentation we provided to the insurance company they could see that the injures and damages warranted a settlement for the policy limits. When you can get the policy limits and there is no other coverage available or assets of the defendat there is no reason to wait forever.

We even got the settlement through probate court in just several weeks. (minors claims in Ohio have to be approved by the probate Court.) In addition, we worked out a structured settlement so all the money would not go to the child at age 18 and  possibly be squandered. We worked out a plan that would provide for any future medical bills and give the young lady a significant amount of money at age 18, but not the bulk of it. Finally we got the medical providers to give a reduction in their bills.

As a word of caution , not every case is the same. This result does not imply that the same result can be gotten for you injured child. But there are certain steps that must taken to protect your child’s rigtht to full compensation. If your child was seriously injured by the fault of another, I’m here to answer your questions and help you any way I can. Call or fill out the simple contact form and I will respond to you personally.

Anthony Castelli Attorney  accident and injury law

Cincinnati, Ohio

513-621-2345

 

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Cincinnati Walk Now For Autism Huge Success – Find Your Picture For Anthony Castelli Attorney Donation

Sunday, May 20th, 2012

The 2012 Cincinnati walk for Autism at Coney Island was a huge success. As a formal mental health worker at Longview and as a social worker for 241-kids I have been involved with many autistic children. 30 years ago the programs were not very effective. But now there are some great programs that show results.

Cincinnati walk for autism 2012

Gigantic strides have been made in the treatment of autism. But with the many children now being diagnosed, even more in the way of resources is needed to get these children into treatment programs that have proven effective. The Cincinnati Center for Autism has a great program that gets results. Just ask my friend David Kahle how they have helped his son. But we need more programs like it and the ability for parents to afford these programs.

Yesterdays 2012 Cincinnati walk for autism was a huge success. But those of us not directly touched by autism must get involved. I see the families and friends of children with autism leading the way for contributions to advance cures for autism. But the whole community needs to get behind the programs here and donate a little cash so that even more can be done.

I hired Cincinnati photographer Mike Mastrianno to take pictures of the walk. You can see yourself  at http://www.facebook.com/cincinnati.injuryattorney  . If you tag your photo and put it up on the facebook page Anthony Castelli cincinnati personal injury Trial attorney I will make a donation to autism for each picture tagged.

Many families are without resources to get the competent treatment their child needs. There are some resources through social security disability and SSI that may be available.  If you have a child with autism and need financial help be sure to apply for social security and if you get denied there are many good social security lawyers that are aware of the provisions in the social security law for autism.

Public Service

By Anthony Castelli  Attorney

8170 corporate park drive, Cincinnati, Ohio 513-521-2345

513-621-2345

 

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Child Parent Safe Car Driving Contract by Cincinnati Personal Injury Lawyer

Monday, October 10th, 2011

Teenage driving can end in a catastrophe. But is does not have to be that way. Even though the statistics are sobering. There are things you can do to heighten the awareness of your child auto driver.

We all know about the driver’s education classes. The classes and seminars that some schools give. but this is where you should do more as a parent. Sure your child will be resistant at first. But your goal is to prevent their injury or injuring someone else seriously in a car accident. Be firm.

This is an area you can surely get their attention. Just tell them until they sit down with you and go over your ground rules there will be no driving and no riding with other teenagers. I have created a page on my web site called Child Parent Safe Car Driving Contact Download by Cincinnati Lawyer

This is where you can go to find statistics to back you up. More importantly this is where you can download the Child parent safe car driving contract. Do this and hopefully you won’t need a Cincinnati personal injury lawyer

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My Child Was Killed and Was a Passenger in the Car Negligntly Driven

Saturday, October 8th, 2011

A child injury breaks your heart

The loss of life that could have and should have been avoided is tragic. The death of a child no matter the cause is life changing. I was again reminded of this when I read about a 2011 Lakota east graduate
of West Chester, Sarah Towler. Ms Towler was a passenger in a car driven by Derick Lynce who apparently lost control and rear ended another car. Saray Towler was caused a wrongful death and two other passengers were injured .

High speed and alchohol were considered to be factors. And some did not have seatbelts. My condolences to everyone . But driving is an awesome responsibility and people in a heartbeat can ruin their life as well as others if they don’t drive the car carefully. The State will deal with this criminally. Civil law is the law that seeks compensation for these injuries and losses.

You may wonder what are everyone’s rights. Everyone injured by the negligence of another has the right to bring a claim for their injuries. When someone is killed wrongfully, the family members, through the person appointed to represent their estate have a claim.

Speeding and driving into the rear of a car are statutory negligent acts. However, if alchohol was involved, that was a contributing factor to the car crash, and the passengers knew about it, then the defense of comparative negligence comes into play.

Additionally if you were an unbelted front seat passenger, your case could be affected in terms of non-economic damages, if a seat belt would have prevented your injuries. Additionally a drunk driver that injures another can also have punitive (punishment damages awarded) against them. Although insurance does not cover punitive damages.

It’s hard to imagine there are some many legal issues that can arise from a car accident.

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Cincinnati Child Injury Lawyer On Protecting Your Child

Wednesday, September 21st, 2011

Do you know what to do if your child was injured in a car accident caused by the fault of you neighbor’s child?

This scenario is played out over and over again.  Your child is coming home from a school dance and the driver causes an auto accident and your child is injured. Or your child is going to the movie on Saturday night and their boyfriend from school is driving and because of inattention causes a car crash causing your child an injury. Or your child gets a dog bite from a neighbor’s dog.

Here are the steps you may want to take to your protect your child after they were hurt in an accident (click).

There are many other circumstances were you child could be injured or heaven forbid even caused death. It’s one thing to pick up the pieces after an injury or death. But possibly you could intervene ahead of the injury and prevent it from happening. Here’s a child safety resource link I created on protecting your child from injury.

I did not recreate the wheel with this page. But  as an email subscriber to www.safekids.com and www.safekids.org I thought I would share their resources with you. They touch on just about every aspect of where your child can be injured and how to prevent it.

There’s resources on preventing burn injury, auto injury, water injury , fire safety, sports injury, just about any thing you can think of and more importantly those things you don’t think of.  There are many places and many ways apparently supposedly safe toys or products can cause injury.It’s daunting to realize how many ways your child could be injured . I suggest you read an article every week at least.

If you feel you need help with a child injury or have questions I welcome you to call me Anthony Castelli a Cincinnati child injury lawyer at 1-800-447-6549 for a no cost consultation.

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Parents Don't Kill a Child With Alcohol Hosting Parties Where Kids Die by Cincinnati Attorney

Friday, April 1st, 2011

Parents please don’t host a party where you let children drink. You could kill a child. You could kill others through your neglect if the person gets in the car and hurts others.  Some parents think it’s fashionable to let their kids drink at home with them . Some parents even let kids other than their own drink at their home. You could be civilly and criminally responsible . Just click on this link from the State of Ohio to see.  http://www.com.ohio.gov/liqr/docs/liqr_ParentsHost.pdf

•  It is illegal to host or allow
teen drinking parties in your home.
What parents should know:
•  As a parent, you cannot give alcohol to your teen’s
friends under the age of 21, under any circumstance,
even in your own home, even with their parent’s
permission.
•  You cannot knowingly allow a person under 21, other
than you own child, to remain in your home or on
your property while consuming or possessing alcohol.
If you break the law:
•  You can face a maximum sentence of six months in
jail and/or a $1,000 fine.
•  Others can sue you if you give alcohol to anyone
under 21 and they, in turn, hurt someone, hurt
themselves or damage property.
•  Officers can take any alcohol, money or property used
in committing the offense.
I just read the story of Shelby Allen. Determined to drink 15 shots she died from alcohol. More disturbing is she drank them at a friend’s house while the parents were home. According to the story she was invited to a friend’s house where there was drinking. The father went upstairs and told the girls not to drink as he left them around an open bar. Great example . What an idiot. Though he certainly meant no harm .
Later Shelby drank 15 shots and was passed out after vomiting in the toilet. Except she was not passed out she was dead. One girl had earlier texted a boyfriend to come over for help because Shelby was shaking and not responding but he couldn’t .
There’s a lot more to the story. You can read about it in good housekeeping. As a lawyer there’s many cases I decline . It’s not always a moral issue. But in a case like this where you let kids in your home you have a legal and moral obligation. (All laws should be based on sound moral principles but who always agrees on  morality) I don’t care if you agree or not. Its the law. And I hope that if you are so careless to allow underage drinking and a child dies you  pay. But my fervent hope is that you don’t let kids drink in your home.
I had my two kids read the article , not so much because I was concerned  that they would drink to excess, but who really knows for sure. But more so because I want them to know what to do if they see a kid in trouble. “Teach your children well” but maybe its the parents who need a lesson.
I don’t mean to come off holier than thou. But this story really hit me. So sad to lose a child . All the more so when it could and should have been prevented. Here’s the link to the site Shelby’s rules.
http://www.shelbysrules.com/

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