I was hurt in a car accident in Cincinnati is a phrase I often hear from someone looking for a lawyer for car accidents. Not everyone needs a lawyer. The reason that a car accident injury lawyer may not be able or willing to help car accident injury victim is they can not add value.
I am not talking about a case where there is no liability. In other words you have a valid car accident insurance claim that entitles you to car accident insurance injury compensation. It’s just that your injury is not serious and merits very little injury compensation with or without a lawyer.
You can use all the search phrases you want in searching for a great Cincinnati car accident attorney. Try
lawyer for car accident, attorney for car accident, car accident injury, car accident injuries, car accident attorney, car accident attorney, car accidents lawyer, car accident lawyer, car injury claims, car insurance accident claim, car insurance settlement lawyer, car insurance settlement attorney. It’s not going to make a small case bigger.
But be careful if you try to take the car accident insurance adjustor on without an auto injury lawyer help in a big case. Because it may make a big claim smaller. The reason is that you don’t really know the value of your car accident injuries. Plus you have no way to enforce a fair injury compensation settlement value on the liability insurance company unless you have someone that can take your injury claim to trial if necessary.
People are dead from a serious car accident on I-71 and all the media can talk about is the failure of the deceased to wear seatbelts. How do they know that a seat belt would have prevented an ejection from the car. Or would have prevented the deaths
It was reported that 19 year old Danica McClester lost control of her car and it rolled . In fairness the actual report I saw stated;
“But the outcome may have been different if the back-seat passengers had been wearing seat belts.” Who really knows at this point. An accident reconstructionist and seat belt specialist would have to determine if the seat belt would have kept them in and if so would they have survived.
As a matter of a point of law back seat passengers over the age of 15 are not required to wear seat belts. While I don’t advocate not wearing seatbelts if people would drive safely the seat belt is not the issue. Nor did the lack of wearing a seatbelt cause the car to be rolled. I’ve represented people who did not wear their seatbelt even front seat passenger. It would not have made any difference as to the injuries according to a biomechanical engineer and an accident reconstructionist I hired.
The driver apparently lost control of the car. The report did not say why. Failure to control seems the likely cause of the accident and deaths.
Please condolences to the families that lost children in this horrible accident. All the insurance company’s involved should pay under their coverages and let the families move forward with their grief that will never end.
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
As a Cincinnati injury lawyer I find it sad that more has not been done to prevent the use of cellphones by car drivers. Recently the Federal transportation Board called for a ban on cell phone use in autos , except in the case of an emergency. This was preceeded by recent deadly car crashes.
Texting shows a conscious disregard for the high probability of causing a car accident injury. If texting causes a car accident injury it should demand not only compensatory damages but punitive ones as well. But the answer is prevention and criminalizing this conduct will go a long way toward car accident injury prevention.
The Ohio legislature has before it a bill to ban texting. but they do not want to ban cell phone use. Either way it’s driver inattention and taking your eyes off the road.
If anyone injures you in a car accident and was using a cell phone or texting call me right away at 621-2345 for a free car accident injury consult. Mere use of a cell phone does not equal liability , but if the cell phone use caused inattention which caused the car accident you should have a strong case .
Cincinnati personal injury lawyer Anthony Castelli was recently accredited by the Cincinnati Better Business Bureau. Prior to applying for the rating Anthony Castelli Attorney had and continues with an A+ rating , the highest rating awarded to businesses by the Better Business Bureau.
Accreditation and ratings are different aspects of the Better Business Bureau information to the public about businesses.
ACCREDITATION
BBB has determined that Anthony Castelli Attorney meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.
BBB accreditation does not mean that the business’ products or services have been evaluated or endorsed by BBB, or that BBB has made a determination as to the business’ product quality or competency in performing services.
Accreditation is something the business must request and a fee is required
Factors that raised the rating for Anthony Castelli Attorney include:
Length of time business has been operating.
No complaints filed with the better business bureau.
BBB has sufficient background information on this business.
BB letter grades represent the BBB’s opinion of the business. The BBB grade is based on BBB file information about the business. In some cases, a business’ grade may be lowered if the BBB does not have sufficient information about the business despite BBB requests for that information from the business.
BBB assigns letter grades from A+ (highest) to F (lowest). In some cases, BBB will not grade the business (indicated by an NR, or “No Rating”) for reasons that include insufficient information about a business or ongoing review/update of the business’ file.
Anthony stated, “I always knew about the Better Business Bureau, but never actually knew they had a rating scale for businesses. I was pleasantly surprised when I went to their site and saw that I was A+ Rated. I decided to take it a step farther and apply for accreditation. Although I have ratings from lawyer peer review agencies I thought that the general public may have a better appreciation for a Better Business Bureau accreditation and the trust and goodwill it may engender. I work hard to establish my reputation in the community as relationships begin with knowledge, trusting and liking people not only on a social level but on a business level as well.”
I’ve always felt in practicing law , especially as a sole practitioner, is all about building relationships that last a life time and not just seeing a client as another case to be completed. That’s why I’ve built a dedicated and responsive staff of professionals that realize it’s all about service to people in need of help and meeting their needs any way we can.
As a personal injury lawyer and as a father its so sad to read about the death of teens in car wrecks. It happened again in Clermont County Ohio. The Ohio State Highway Patrol continues to look at a one car crash that killed 2 people in Clermont County. The car wreck occured about 9:40 p.m. December 30, on Stonelick-Williams Corner Road in Stonelick Township, just north of an old covered bridge. Local 12 WKRC reported on this loss complete with video as did the other area media outlets .
Skye Gabriel of Norwood, a 19 year-old, and 18 year-old Corey Peacock of Milford were identified as the two people killed. A preliminary report shows that Skye Gabriel was driving a silver Honda Civic, and failed to negotiate a curve to the right. The car went off the left side of the roadway and struck a tree.
As usual the reporting includes whether someone was wearing a seat belt. I find this so not newsworthy and wonder why the media reports this. One wonders what really went wrong. Surely it was not the seat belt that caused the car to leave the road. I’d venture to say the seat belt had nothing to do with the crash.
We read this story and move on with our lives , but life will never ever be the same again for these families that lost loved ones. I ponder this as my 15 year old son asks me to be able to get his temps at 15 1/2. It scares the hell out of me.
I recently wrote an article on the subject of teen driving and have offered up access to the parent teen safe car driving contract . It’s available for free download at many different web sites. At least it is one small car accident safety tool. it’s useful to get a dialogue with your teen and set your expectations. But it’s certainly not fool proof. Sadly nothing is. Graduated driving in terms of the teen car driver’s responsibilities and activities is another tool to help prevent car wrecks.
Our mode of transportation car driving has always had a deadly risk to it. Whatever you can do to help eliminate the risk is a worthy endeavor. Our Ohio legislature is debating the complete ban on cell phones. Condolences in these times seem too little and belated . But what else is there once a terrible loss occurs.
As Cincinnati personal injury lawyer I like to help inform the public on timely personal injury issues. You may be interested in a webinar I’m planning for Tuesday evening 8 pm starting January 9, 2012. The title is Critical Facts About Your Ohio Personal Injury case.
You should be seeing press releases on the subject shortly. The plan is to record this on blog talk radio . Or at least record one live show for repeating. Also go to webinar is under consideration as another potential platform. However the go to webinar platform under consideration will only allow 100 listeners at a time.
There are a few other personal injury attorneys that are using this idea. It seems to have caught on in several states and I am hopeful Ohio will be one of them. The webinar will focus on Ohio personal injury law. If there is a topic you have an interest in please contact me at 621-2345.
Although car accident injuries will be a common issue there will be discussions on premises liability, child injury law, construction injuries what is a wrongful death lawyer and many other timely subjects.
As a personal injury lawyer I have represented burn injury victims. The last burn case I had there was an issue of whether there was an adequate smoke detector. What the public does not know is that there are two types of smoke detectors: photoelectric and ionic. The ionic is designed more for flame and the photoelectic will pick up smoke in time for you to depart the premises.
So there could be perfectly good ionic smoke detectors in your house or apartment and they may not go off and you could die in your sleep, especially if the fire was initially mostly smoke. Recently a lawsuit was filed in Alabama that made allegations against underwriters laboratories. Here are some of the allegations taken from the complaint:
(Negligence or Wantonness of Defendant Underwriters Laboratories, Inc. [“UL”]Plaintiff Latosha Hosford, individually, and as the mother of the minor decedenNevaeh Nichole Johnson, and Plaintiff Chad Barley, allege as follows against Defendant UL
:39. Plaintiffs incorporate by reference all preceding allegations.
40. UL is a corporation which develops safety standards for products and testsproducts for compliance with those standards.
41. In the late 1970′s, UL eliminated its separate ionization-smoke-alarm andphotoelectric-smoke-alarm safety standards and promulgated a single smoke-alarm safety13standard known as UL Standard 217. The ionization smoke alarms installed in the subjectdwelling were designed, manufactured and sold after UL Standard 217 was promulgated,and complied with UL Standard 217.
42. It was foreseeable to UL that designers, manufacturers and sellers of ionizationsmoke alarms would only design, manufacture or sell ionization smoke alarms that couldpass UL Standard 217 and achieve an independent testing laboratory’s Listing Mark.
43. It was therefore foreseeable to UL that consumers and users of ionizationsmoke alarms could suffer injury or death if UL did not exercise reasonable care in itsformulation and implementation of UL Standard 217.44. Defendants BRK, A, B, C, D, E and F relied upon, or were influenced by, theirionization smoke alarms’ ability to pass UL Standard 217 when they designed, manufacturedand sold those smoke alarms, including the smoke alarms installed in the subject dwelling.
45. If the ionization smoke alarms designed, manufactured and sold by DefendantsBRK, A, B, C, D, E and F, including the ones installed in the subject dwelling, had not passedUL Standard 217, and thereby acquired a Listing Mark, said Defendants would not havedesigned, manufactured or sold said smoke alarms. Said Defendants would only havedesigned, manufactured or sold smoke alarms that passed UL Standard 217.
46. If UL had exercised reasonable care in the formulation and implementation ofUL Standard 217, with respect to slow smoldering fires, ionization smoke alarms would nothave passed UL Standard 217. Only photoelectric and combination ionization-photoelectricsmoke alarms would have passed. Such smoke alarms, if installed in the subject dwelling,would have sounded in a timely manner and thereby prevented the injuries to Plaintiffs andthe death of the minor decedent.
47. Defendant UL was negligent or wanton in one or more of the followingrespects:14a. By modifying the smoldering fire test in UL Standard 217 to eliminatematerials that presented foreseeable challenges to ionization smokealarms.b. By increasing the minimum obscuration levels required for ionizationsmoke alarms to pass UL Standard 217′s smoldering-fire test.c. By failing to formulate and implement safety standards for ionizationsmoke alarms that require ionization smoke alarms to detect slowsmoldering fires in a timely manner and to sound in a timely manner inthe presence of smoke as opposed to flame.d. By formulating and implementing a safety standard that an ionizationsmoke alarm would pass without detecting slow smoldering fires in atimely manner and without sounding in a timely manner in the presenceof smoke as opposed to flame.
48. As a proximate result of said negligence or wantonness, Plaintiffs weredamaged as aforesaid, and the minor decedent Nevaeh Nichole Johnson was killed.
Fire and Smole Inhalation Claims Are Extremely Complex - A Burn Injury Lawyer Can Help
The importance of preserving ALL the evidence can not be emphasized enough. And it’s just as important to hire an real expert in this area and a personal injury lawyer familiar with fire cases. One only has to recall the beverly hills supper club fire. SOME BELIEVE THE REAL TRUTH IS STILL UNKNOWN
Anthony Castelli Attorney Cincinnati personal injury lawyer welcomes you to call for a free consutation about a fire injury or wrongful death or other personal injury. 513-621-2345
I fell in a Cincinnati Walmart or Krogers store can I win my personal injury is a question I hear as a personal injury lawyer. The answer to the question is it depends. It depends on whether you can prove the store was negligent and their neglence was a proximate cause of your injury. You must also show that it you were at fault that your negligence was 50% or less.
Fall in Walmart personal injury
So you must be able to show that your fall was caused by some defect or hazard in or existing in the Kroger store, Walmart or other store. The defect must have been caused by the store employees or had been there long enough that the store should have found out about it and taken care of the defect. Additionally if the defect was open and obvious, the Ohio Supreme court stated, ”Where a danger is open and obvious, a landowner owes no duty of care to individuals lawfully on the premises.” Armstrong v. Best Buy Co, Inc., 99 Ohio St.3d 79, 2003-Ohio-2573, 788 N.E.2d . So if it was something plainly visible (open and obvious ) you will likely not have a case unless you can find a statutory duty to fix the problem. So an exception is in the landlord tenant situation.
As you can see it’s rather complicated . But just because you fell in a store doesn’t mean that you are entitled to recover for your injury. But certainly you could have a case depending on the facts of the situation. The one thing you should do is report your injury immediately to the store manager. Make sure they take your name and address and have them call the life sqaud. This at least starts you potential claim of correctly . An listen to what is said. many times the manager will call an employee who will make an admission that the problem was known but they just did not get around to correcting it.
As a Cincinnati personal injury lawyer I welcome your questions on slip and fall accident injury and you can call me at 621-2345 for a free consultation. you should always seek the advice of a personal injury attorney if you get hurt on someone’s premises.
Click the link to find my Personal injury lawyer location on Google maps and read my reviews .
I have a personal injury claim or have been in a car accident and would like to know , What do personal injury lawyers Do. As a personal injury lawyer I have been asked this question several times by people with a personal injury claim, usually a car accident claim.
Instead of telling you what I do I surveyed personal injury lawyers from across the country by searching for them on google. Here are some of the search terms I used:
Attorney for car accident, automobile accident attorney, auto injury lawyers, car crash lawyer, accident lawyers, injury attorneys, car accidents, personal injury lawyers, personal injury lawyer, personal injury attorney, personal injury attorneys.
The Number One Thing A personal Injury Lawyer Must Be Able To Do
The number one thing a personal injury lawyer must do is to be able to go to trial if necessary. The reason is that this is the big gun we have in our arsenal if the insurance company will not offer a fair settlement. Of course, the vast majority of cases do not go to trial, But one of the keys to this is preparing a case as if it will be going to trial so the insurance cmpany knows you mean business.
I found a personal injury lawyers web site that listed over 100 things that personal injury lawyers do . This was by Mitch Jackson and is a great comprehensive list. The initial thing is that we talk with you on the phone to see if we can help you. This is a free service. If I think I can help you I invite you to a face to face free case evaluation where we get to know each other and decide mutually if we both want to enter into a “partnership” I say this as an analogy since if I take your case it will be on a contingency fee. This means I am not paid a fee unless I recover money for you. So the more I get for you , the more my fee is. Although the goal is to help you get justice , the by product of focusing on you is a good fee for me.
So here is a partial list of some of the more important things I do and every personal injuries lawyer should do:
1. Answer all of your questions
2. Communicate with the insurance company. You no longer have to deal with them
3. Help you find competent medical care in the case of you not having medical insurance. I have a nurse case manager on staff and we can review your treatment plan and help interface with your doctor
4. Document the scene
5. Take photographs of your injuries and the area your injury occured
6. interview witnesses
7. Gather your medical records and bills
8. Gather your lost wages.
9. Gather evidence from the police such as crash reports
10 Hire experts if necessary such as accident reconstructionists.
11. Reseaarch all insurance policies including your to see if there is a source of money there for you
12 Identify who may be at fault and contact them
13. Prepare for any defenses the insurance company may throw at us
14. Advise you how to proceed with your doctor’s
15. Keep you from making mistakes that can ruin your case
16. Advise you of the value of your case
17. Review legal research as to defenses and your case value.
18 when the time is right send a complete settlement demand package to the insurance company
19 Negotiate back and forth with the insurance company always keeping you in the loop and requesting your permission to proceed on our recommendation
20 File suit if a low ball offer is made
Below are some items, Mitch Jackson, a wonderful personal injury lawyer, and others report on if the case goes to lititgation. I include this to show what an attorney for car accident, otherwise known in the broad sense as what Cincinnati personal injury lawyers may do if litgation becomes necessary. In the hustle and bustle of a serious injury law practice this does not always get communicated to the client , although we try to keep you abreast and are happy to answer and questions and take all your calls.
If Case is Not Settled and A Law Suit Needs To Be Filed
Child injury lawyer
Additional research of law and available causes of action (if needed)
Prepare Court of Common Pleas Summons and Complaint alleging all viable causes of action
Coordinate the filing of the Summons and Complaint with Civil Cover sheet with the clerk of the Common pleas
Calendar all post-filing filing dates (5-10) and service on defendant and for return of Summons
Contact and retain consulting and trial related experts
If necessary, use investigator and/or online services to location defendant’s for service
Review incoming Answer, Demurrer or Motion to Strike from defendant’s lawyers hired by defendant’s insurance company
Telephone call to defense counsel to introduce ourselves and to discuss case issues and possible settlement
Review defendants initial Form Interrogatories, Special Interrogatories, Inspection Demand, and Notice of Deposition (discovery)
Send instructional letter to client with defendant’s initial discovery
Calculate and calendar all dates client’s discovery responses are due
If defendant served a Demurrer or Motion to Strike, prepare and filed Oppositions and calendar all response and hearing dates
As required by the Code of Civil Procedure, review client’s responses to all discovery and prepare and service original verified responses to defendant’s attorney
On behalf of client, prepare and served client’s initial discovery to defendant Interrogatories, Special Interrogatories, Request for Admissions, Demand to Produce Documents, and Notice of Deposition
Calendar and appear at court ordered Case Management Conference
Prepare client and attend client’s deposition at defense attorney’s office
Take defendant’s deposition (traditional or video) at our office
Take deposition of all important witnesses
Review incoming Demand for Independent Medical Examination (IME) from defendant
Special letter to client with copy of IME and coordinate final IME instructions and date
Prepare and respond to IME with special pleading regarding certain terms and conditions
Client appears at IME with our office either recording or videotaping examination process
Receive and review defendant doctor’s IME report
Receive and forward defendant’s supplemental discovery (Special Interrogatories, Request for Admissions, and Inspection Demand)
Prepare and serve on defendant our client’s supplemental discovery (Special Interrogatories, Request for Admissions, and Inspection Demand)
Prepare for and attend continued Case Management Conference or initial Status Conference and set trial date
Letter to client with all mandatory dates and date of trial
Coordinate pre-trial settlement mediation or arbitration if ordered by the court or thought useful by counsel
Prepare mediation or arbitration briefs and documents
Prepare client for mediation or arbitration
Appear with client at mediation or arbitration and present case
If case is resolved via mediation or arbitration, prepare settlement documents and file notice with court
If case is resolved via mediation or arbitration, coordinate deposit of settlement funds in to trust account
If case is resolved via mediation or arbitration, disburse funds to client with detailed final financial statement
If case is NOT resolved via mediation or arbitration, continue with pre-trial preparation and requirements
If required, file opposition to defendant’s Motion for Summary Judgment
If required, prepare and file plaintiff’s Motion for Summary Judgment
Prepare Demand for Exchange of Expert Information and serve notice to other side
If ordered or coordinated, prepare for and attend with client a court order pre-trial Mandatory Settlement Conference (MSC)
Notice and take depositions of expert witnesses
Coordinate other side taking depositions or our client’s expert witnesses
Coordinate and comply with all mandatory pre-trial discovery and trial document dates
Obtain all final medical records and billings and any other evidence (photos, videos…) that will be used at trial
Participate with opposing counsel re pre-trial stipulations to save all parties time and money
Coordinate the appearance of trial witnesses at trial
Issue subpoena’s to compel attendance of trial witnesses if needed
Prepare all pre-trial Motions in Limine
Prepare and coordinate with opposing counsel Joint Exhibit List
Prepare and coordinate with opposing counsel Joint Stipulated Facts
Prepare and coordinate with opposing counsel Joint Jury Instructions
Attorney pre-trial final preparation re voir dire (jury selection questions and strategy), opening statement, direct examination, cross examination, and closing argument
Prepare and participate at the trial (normally 1 to 3 weeks of time)
If appropriate, coordinate with client on post-trial appeal issues and representation
This is certainly a mouthful That’s why a picture of a personal injury trial lawyer is a person covered in sweat.
But it’s so satisfying to pry the money from big insurance so my clients get the compensation and justice they deserve.
