Ohio Personal Injury Blog by Cincinnati Accident Attorney Anthony Castelli

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Ohio Motorcycle Attorney Promotes May is Motorcycle Month

Thursday, May 2nd, 2013

Ohio Motorcycle Accident & Injury Lawyer Anthony Castelli

Ohio Motorcycle Accident Injury Lawyer Anthony Castelli  on Reuters news sign on Times Square

[Cincinnati, Dayton , Columbus, Ohio May 2013] –

Motorcyclists fatalities have increased over the past decade. Only by increased safety efforts has the loss of life been slowed. That’s why Ohio Motorcycle Accident Attorney Anthony Castelli announced today that he is joining with other federal, state and local and private motorcycle organizations, groups and clubs in proclaiming May 2013 as “Motorcycle Safety Awareness Month.

All motor vehicle operators are admonished to safely and carefully share the road with motorcycle riders.   Please be on extra alert when driving your car or truck to keep motorcyclists safe.

More and more motorcycle riders are taking to the roads from all walks of life. Women are riding in increasing numbers. As the weather gets better you will see more and more bikers on the highways and byways of this great United States.

Motorcycles may be hidden in car and trucks blind spots. That’s why auto drivers need to check twice , before making a move from one lane to another, or pulling out into the roadway or turning left at intersections. This would not only lessen motorcycle car crashes but all kinds of crashes.

Anthony Castelli, a lawyer that rides a motorcycle  stated, ” I’ve created and made available to all Ohio motorcyclists the Ohio Motorcycle Safety Kit. All Ohio bikers need to do is call or email me with their name and address and I will send this safety kit to them for free. I was excited to have the opportunity presented by Reuter’s to place my message Watch for Motorcycle in Times Square. But there was more that I though I could do so I created this safety kit. Free to Ohio riders and $11.77 to motorcyclists form anywhere else. ”

The kit includes a “Watch for Motorcycle” bumper sticker, a tire guage, and the Ohio Motorcycle Bible – The Guide to Protecting Ohio Motorcylists and Their Families. For more information about the kit please see the motorcycle safety press release

Federal Government Motorcycle safety Resources: http://www.nhtsa.gov/Safety/Motorcycles

 

 

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Injury Lawsuit Loans Costly Says Cincinnati Lawyer

Thursday, January 3rd, 2013

Lawsuit loans for your accident injury claim are costly. As a Cincinnati attorney practicing personal injury law, I have

Cincinnati lawyer on Lawsuit Loans Exposed

had clients ask me about these Advance Lawsuit Funding  loans. In a word they are costly, very costly. These are not your normal loans from a bank. Just what are they then?

 

Advanced Lawsuit Funding Loans Defined

Alternative litigation finance is providing money by non traditional sources to civil injury victims or others with lawsuits for money to pay living expences or support lawsuits. What I am particularly referring to here is where an injured person needs money for medical expenses or living expenses while their injury claim, settlement or lawsuit is pending.

In Ohio the term is called non recourse civil litigation advance and is defined by statute.   R.C. 1349.55 paraphrased defines a non recourse civil litigation advance as: a transaction…cash payment to a consumer with a civil claim in exchange for the right to get an amount out of the proceeds of the settlement.

 

Obscenely High Interst Rates For ALF

By these vehicles providers advance money to people who have pending claims, usually personal injury. The injured party agrees to pay back the money at a very high rate of interst. This is normally much higher than any bank interest rate or even credit card. The money is to be paid out of the proceeds of the accident injury claim. So if the injury claim fails and no money is recovered then the advance does not have to be paid back.

An advisory opinion for the State of Ohio states that a lawyer may suggest this vehicle to a client that is in need of money. It says in pertinent part, “a lawyer who is aware that his client needs financial assistance due to the injuries sustained in the underlying accident should make the client aware of the options available.”

The problem is that these advances often call for 50% interest or more on the amount of the loan to be paid if repaid in the first six months and can go higher as time goes on. The Center for Public Integrity has published several articles on this practice.* They also commented on the background of these advances in Ohio. In fact these advances were illegal according to the Ohio Supreme Court until the legislature passed a law allowing it.

The Center’s article told the story of Larry Long a stroke victim facing eviction who borrowed $9150 against his Vioxx case. When he got his lawsuit money of $27,000 just 18 months later he owed $23,588.00. Then there was Ernst Kho that was “advanced” $10,500 and two years later owed  $35, 939.00

So be careful . Be very careful. Explore other sources of funding before you even think about these lawsuit advances. Can you get a bank loan? Can you take out a second mortgage on your house.  Would it be cheaper to get a cash advance on your credit card? Can you borrow the money from a family member. Can your attorney write a letter of protection for your bills or even your rent?

 

So Why Does Ohio Permit a Formerly Illegal Activity to be Sanctioned

It’s fiunny how the law changes . Cynics would say follow the money. Why else would the legislature permit exorbitant non capped interest rates on lawsuit advances but allow caps on damages for personal injury claims. If this is the bone throne to injury victims by the Ohio state legislature I say don’t do people negligently harmed by others any more favors.

The Center For Public Integrity wrote about how the Ohio Supreme Court in Rancman v Interim Settlement funding found these loans to be illegal, but then the Ohio legislature legalized them. Lobbyists descended on the Ohio legislature but no one knows how much money was spent on them as no law in Ohio reqiures this disclosure. No one in the legislature opposed the bill. this is its sponsor’s Lou blessing’s justification that it must be a good thing.

 

Disclaimer

This is just my opinion and no legal advice to anyone. If you are seriously injured get a free consult from an experienced injury lawyer about what you might want to do. It’s not for me to say as your situation is unknown to me . Just my two cents is that these litigation advances normally come with super high paybacks. So high that by the time you resolve your claim you may owe everything to the provider.

 

Sources and Resources:

States are battleground in drive to regulate lawsuit funding

http://www.supremecourt.ohio.gov/Boards/BOC/Advisory_Opinions/2012/Op_12-003.pdf

American Bar Association informal Report on Lawsuit Lending

About Anthony Castelli

Anthony Castelli is a personal injury lawyer with over 30 years experience . He has settled hundreds of accident injury claims and tried numeous bodily harm lawsuits. Call 621-2345 to contact Anthony for a free consultation.

8170 Corporate park Drive #220

Cincinnati, Ohio

 

 

 

 

 

 

 

 

 

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Father Feels Pain Dealing With Teen Son and Safe Driving

Monday, September 3rd, 2012

Cincinnati teen car accident

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

Cincinnati, Ohio

513-621-2345

www.castellilaw.com

 

Resource: www.teendriversource.org

 

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Whiplash Injury Can Cause Brain Damage Memory and Mood Change

Friday, August 17th, 2012

 

Brain Injury Whiplash

 

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

513-621-2345

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.

 

 

 

 

 

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How to Get Good Medical Care For Your Auto Injury With No Medical Insurance

Saturday, June 16th, 2012

As a injury attorney in Cincinnati for over 30 years I have many clients without medical insurance. Their concerns are paying their medical bills and getting adequate medical care for their auto injury. According to the U.S. Department of Health and Human Services, almost 50 million Americans are without health insurance.

Sadly I’ve had people call me too late for me to be able to help them with their personal injury claim. They may have gone to the emergency room right after their car accident injury but failed to call any injury lawyers for advice.  Now six months later they are still in pain , but received no further medical care. Given a six month gap in treatment, it is virtually impossible to get a fair injury settlement.

I have a R.N  nurse case manager on staff that does her best to keep up to date on where you can go to get medical care if you have no insurance. The local hospitals by law, the Emergency Medical Treatment and Active Labor Act, are required to provide emergency medical care to whom ever needs it. Therefore, we first advise going to your local emergency room, especially right after your personal injury. Ask them to refer you to their hospital clinic. These clinics will treat you on a sliding scale based on your income. They also have people on staff trained to help you get medicaid.

In Hamilton County you can apply at the Ohio Jobs and Family Services for medicaid. If you can get on medicaid you will be able to see most doctors especially orthopedics specialists. These are the main doctors that treat trauma.

You can also try the local health care clinics. These places can provide you treatment on a sliding scale. Some medical doctors will treat you on a lien basis. This means that you have your injury attorney, with your permission, agree to pay the doctor out of settlement. Most chiropracters will do this, but if you have a serious orthopedic injury,  not only your health but your injury settlement may not be well served by seeing a chiropractor. ( I go to a chiropacter myself for back problems . He usually fixes me up in one visit and does not treat car accident victims.) We can provide you with a list of health care clinics that may be able to help.

One myth is that attorneys have doctors in their pocket they can refer you to. This is not always helpful and the fact is the medical providers they refer you to are often chiropracters.  However, as an injury attorney with years of experience, there are medical providers I know that will treat you for you injury without requiring medical insurance. By finding a medical provider, you have a chance to recover from your injury and get a reasonable pain and suffering injury settlement.

Anthony Castelli Attorney welcomes your call for help to get the care you need and the compensation you deserve.

8170 Corporate Park Drive

Cincinnnati, Ohio

513-621-234

 

 

 

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Motorcycle Riders Injured or Killed Why Should You Hire A Cincinnati Motorcycle Attorney

Saturday, May 19th, 2012

Reports of motorcycle riders getting killed and injured in accidents the fault of  car drivers are occurring at alarming Protecting Ohio Motorcyclistsrates.  Just yesterday a couple was killed when a woman turned in front of them at an intersection. I fear that this year bikers are going to be hurt and killed in unprecedented numbers.

With more people riding motorcycles and more car drivers using cell phones distracted drivers are causing more car accidents and motorcycle accidents.  You can practice the best riding habits but still be killed by a reckless cager.  That’s why I wrote the Ohio Motorcycle Bible – The Guide to protecting Ohio Motorcyclists and Their Families.

This book give riding tips as well as legal tips on how to prevent accidents as well as what to do to protect yourself  in the event of  an accident. Also check out my you tube video   9 Reasons To hire A Motorcycle Attorney.   With the insurance propaganda and the ambulance chasing lawyers people injured in car , truck, motorcycle accidents are taking their chances by not hiring a lawyer . I’ve seen too many unsuspecting injury victims get low ball offers and either took them or came to a motorcycle accident lawyer after it was too late. But you need to hire the right lawyer the best for your case.

I urge you to check out the book and video to protect yourself in case of a serious motorcycle accident.  You can call me at 513-621-2345 for a free consultation to get your questions answered and your motorcycle or other personal injury evaluated. I’ve taken care of many motorcycle injury victims. As a motorcycle rider myself  I take your injury personally.

 

Anthony Castelli

8170 Corporate park drive

Cincinnati, ohio

Also satellite office in West Chester at Union Centre Blvd

 

Watch For Motorcycles

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