Cincinnati Personal Injury Lawyer Blog

Lawyer Advertising Revealed by Cincinnati's Anthony Castelli

2011-01-29T06:46:00.000-08:00

My new consumer book

Lawyer advertising revealed

is almost ready for release. For Ohio residents the book will be a free public service and you can order it through my web cite www.castellilaw.com.

For folks outside of Ohio you will be able to order it on Amazon. This book will be an inside look at lawyer advertising. I detail what is meaningful and what is meaningless if not downright misleading.

Do you want to learn what a settlement mill is and how to avoid one? This
and many other topics are covered . You will learn in this book what are the most important things to look for in lawyer advertising. You will get 7 important things that are key to hiring great personal injury lawyers.

You will learn the backdrop of lawyer advertising. This book takes the legalese out and breaks it down so personal injury victims such as car accident injury claims or any kind of personal injury victim can learn the steps to take to hire a great personal injury lawyer.

This and more infomation about personal injury by Cincinnati lawyer Anthony Castelli focusing on Ohio law.

5 great Links for Personal Injury victims

2010-05-16T16:02:00.000-07:00

5 great Links for Personal injury Victims

Learn how to find a great personal injury attorney.

Learn how to protect your rights

Find out if you need a personal injury attorney and much more.

If you have been injured by the fault of another and are wondering what to do, here are some great links that you can go to to educate yourself about your rights and what you can do to protect them. And how you can win against big insurance.

Cincinnati personal injury and accident attorney blog

Cincinnnati Personal Injury Help

Cincinnati Ohio Car Accident Help

Cincinnati Motorcycle Accident injury Claims

Cincinnati Workers Compensation Lawyer

by cincinnati personal injury attorney
call today to get t he help you need to get the compensation you deserve 621-2345

Cincinnati Attorney Anthony Castelli Press Release

2010-05-06T09:44:00.000-07:00

This is a recent press release about my cincinnati attorney web site and new videoblog.

Cincinnati Attorney Creates Video Blog for Personal Injury Claims - Motorcycle Accidents - Ohio Workers Compensation and Social Security Disability
Watch these videos for inside tips on how to win your personal injury claim, motorcycle accident case, Ohio workers comp claim or your social security claim. Cincinnati attorney Anthony Castelli presents free videos to help you get the compensation you deserve.

Cincinnati, OH (PRWEB) April 29, 2010 -- Injured by the fault of another in a car truck or motorcycle accident. Hurt at work. Denied social security benefits. Learn how to protect yourself to get the compensation you deserve. That's why Cincinnati personal injury attorney Anthony Castelli created a video blog so you can watch free videos to educate yourself on the key steps to take to help you get the compensation you deserve.

Attorney Anthony Castelli says, " Videos are a great way for consumers of legal services to learn how to protect their rights and actually see and hear the lawyer giving the information so they can judge if the lawyer is someone they would like to hire"
At the Web site castellilaw.com of Anthony Castelli, you can find a video blog at castellilaw.com. The videos are on for separate topics: 1) Personal Injury 2) motorcycle accidents 3) Ohio workers compensation 4) Social security disability.

Attorney Castelli has multiple practice areas where you can read about a particular legal topic. These include personal injury, Motorcycle accidents, Car accidents, Ohio Workers compensation.

The videos and the articles supplement each other. For example some of the video topics are: 11 reasons to hire a motorcycle accident lawyer, insurance company dirty tricks, 6 critical questions to ask your bodily injury attorney before hiring them, 2 critical mistakes that personal injury victim make, workers compensation trap make this mistake and you could loose your case, the social security disability application and over 20 other videos.

The web site has hundreds of written articles in language that the lay person can understand. Some of the written articles explain: how to find a great personal injury attorney, tips on what not to do so you do not hurt your claim, 4 deadly sins that could ruin your case, what damages are you entitled to recover in a personal injury case, the secret to winning your social security disability case. There are also frequently asked questions and a downloadable consumers guide for personal injury victims.

Anthony Castelli is a greater Cincinnati personal injury lawyer licensed to practice law in the State of Ohio. He also focuses on car accidents, motorcycle accidents, workers compensation and social security disability. He is conveniently located at I-275 and Montgomery Road and minutes from Mason, Ohio. He welcomes your questions on these Ohio law topics and can be reached at 1-800-447-6549 for a free consultation.

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you can accesss articles at my cincinnati personal injurey attorney blog

Cincinnati personal injury Attorney Lawyer Blog

2010-05-04T20:47:00.000-07:00

This is my old blog with a new domain name to satisfy Google . You will find lots of free articles and videos on personal injury claims , car accidents, motorcycle accidents , workers compensation and social security disability.

Some topis include how to find a great personal injury lawyer, helmet law motorcycle accident myths , insurance company dirty trick, 4 deadly sins that can ruin your personal injury case and many others.

Slip and Fall Can You Recover

2010-05-03T06:25:00.000-07:00

If you fall in the local Wallmart or Krogers in Ohio the law does not make it easy to recover. However in the right case a recovery is possible. You must show that the storeowner created the defect or it existed long enough for the storeowner to have fixed it. The legal term is negligence.

Also the defect must not be open and obvious. Ohio law can prevent you from recovering if the defect was open and obvious. I just finished resolving a case with a favorable settlement. The individual tripped on a depressed sunken area of walkway next to the parking lot. What made the case was it happened at night so the defect was not obvious.

But I had to figure out a way to demonstrate the hidden nature of the defect. So we shot a night video. This video was taken 2 years to the day with substantially similar conditions. Although the defect had been fixed, everything else was similar.

Watch closely and see if you can tell when the videographer steps down from the sidewalk to the parking lot, that's where the injury occurred.

I hired Kraig Haplea the owner of Visual Justice to do the shoot. I would highly recommend him for all your video needs. by Cincinnati personal injury attorney Anthony Castelli. Call 621-2345 for a free consultation for the help you need to get the compensation you deserve.

How to find a Great Cincinnati Car Accident Attorney

2010-04-24T07:34:00.000-07:00

How to find a great Cincinnati car accident attorney has been a topic I have blogged about before . But it has been quite some time and now I have a companion video So I thought the article was worth updating and complementing it with the video. Both of these are avaiable on my web site www.castellilaw.com

5 Steps to finding a great personal injury lawyer.

1. Do a google search on " cincinnati car accident attorney "

2. Look in the organic listings for the top three attorneys and go to their web sites.

3. Find out the following information about each attorney:

A. What do their client's say about them. Are there testimonials on their web site. These implicit recommendations mean a lot.(click here to my testimonial page)

B. Are they an experienced personal injury trial attorney. Face it, if an attorney does not know how to try a injury case you have hired a gun without bullets.

C. Are they AV rated by Martindale-Hubbell. This is a private company that collects peer reviews on the attorney. AV is the highest rating in skill and ethics.

D. Are they willing to advance expenses of litigation. If you're not in a position to and they won't your case may not get very far.

E. Do they provide informational videos. This not only helps you learn what questions to ask, but helps you decide close up and personal if this attorney exhibits confidence, passion and compassion.

4. Call those attorneys that meet the above criteria and ask for a free consultation. If you call and don't get a live body to talk to during normal business hours you may want to go on to another lawyer on your list. Of course you may not get to speak to the attorney right then especially if he has significant business and seriouly injured clients. But expect a call back within 24 hours.

5. Ask the attorney over the phone if they are the attorney that will handle your case from start to finish. You want to be sure the attorney you hire will be the attorney who knows you and your case intimately.

You can go to my car accident center on my web site for more information http://www.castellilaw.com/Motor-Vehicle-Accidents.html
as well as my videoblog Cincinnati Ohio car accident attorney

by Cincinnati, Ohio Accident and Injury attorney Anthony Castelli . Call today
for the help you need to get the compensation you desreve 1-800-447-6549 or 621-2345

Cincinnati Personal Injury Claims Attorney Now on Itunes

2010-04-16T19:15:00.000-07:00

I am pleased to announce my podcast on Itunes called "Law talk of Ohio". It is actually a videocast. The first series deals with explaining the different parts of you car insurance policy.

If I can answer any questions you have about you car insurance fell free to give me a call. The call is free.

Make sure you have high enough limits to protect yourself if you cause an accident or are injured by someone else who has little or know insurance.

by Cincinnati, Ohio personal injury claims attorney. Call today to get the help you need 621-2345 or visit my blog

This blog has moved

2010-04-15T15:28:00.001-07:00

This blog is now located at http://blog.castellilaw.com/.
You will be automatically redirected in 30 seconds, or you may click Cincinnati personal injury accident attorney

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3 Reasons You Need a Truck Accident Lawyer

2010-04-14T01:48:00.000-07:00

3 Reasons Why You Need a Truck Lawyer to Represent You After a Truck Accident

The following is a guest blog article by Dolan Law Offices:
Every day, serious truck accidents result in significant injuries and fatalities. However, truck accidents are not simply car accidents that involve bigger vehicles. There are certain factors that make truck accidents unique that is why it is important for truck accident victims to seek the counsel of experienced truck lawyers.
Specifically, a truck accident may:
1. Present complicated issues of liability: often, a truck is owned by a trucking company, not the truck driver. The trucking company, the trucker, or both the trucker and the company, may be legally responsible for the accident depending on the cause of the accident;

2. Require a skilled investigation into causation: while most car accidents are caused by driver negligence, a larger proportion of truck accidents are caused by vehicle defects. A truck accident lawyer must thoroughly investigate the cause of a truck accident to determine if the injuries were sustained because of negligence, a vehicle defect or another cause such as a problem with the roadway; and

3. Result in catastrophic Injuries: any accident can result in fatalities or significant injuries. However, the heavy weight and force of a truck accident make it more likely that victims will suffer greater injuries in truck accidents than in other types of motor vehicle accidents.

Accordingly, victims need a truck accident lawyer who can aggressively fight different types of personal injury claims and who is dedicated to the needs of his or her truck accident clients.
The Illinois Truck Accidents Lawyers of Dolan Law Offices are committed to helping victims of serious injury cases and the survivors of loved ones killed in fatal accidents recover damages.

Cincinnati personal injury accident Attorney Anthony Castelli is pleased to announce his relationship with Dolan Law Offices. Now Cincinnati, Ohio and surrounding area residents in Mason, ohio and adjoining counties can contact me if they have a serious accident while traveling in Illinois.

Cincinnati Attorney founding Member of Personalinjury.com

2010-03-28T20:38:00.000-07:00

Recently I was contacted to be part of a group of nationwide personal injury lawyers. This group is associated through the web site www.personalinjury.com. Because of our relationship we have the capacity to network with each other and help our clients be represented in states not necessarily where they live. For instance if you live in Cincinnati , but are injured in New York, I have a relationship with an attorney in New York that could handle your personal injury with my help.

As evidence of the National exposure this site gets, if you google personal injury this site comes up on the first page.

I also have my own page connected to this site which is actually a blog.http://www.personalinjury.com
/blogs/cincinnati/blog-cincinnati.html

Here are some of the notable blog posts I have put up.

What a personal Injury client wants from their attorney

Google the five best personal injury attorney

Are there really five deadly sins that can ruin your personal injury case

Cincinnati personal injury lawyer named in super Lawyer Magazine

Do you want a senior trial attorney to handle your case?

Feel free to call me today to get the help you deserve 1-800-447-6549

Biker Injured by Passing Motorist Disputed But Case Settles Favorably for biker

2010-03-25T03:06:00.000-07:00

Recently I represented a man who was out riding his bicycle on some back country roads. The car came from behind him. All my client knew is that he saw the car in his rearview mirror and the felt something hit him hard in his mid-back.

The auto driver said my client was out in the middle of the roadway and must have served as the car went around him. My client hurt his shoulder and required rotator cuff surgery.
The insurance company made a minimum offer and so we had to file suit.

I had gone to the scene and understood that this area was a two lane highway with no passing just at the area of the accident scene. I obtained the police report and reviewed it carefully and saw the car driver made some admisions that were apparently contradictory to his current statements. I also got the police photographs. They showed my client's sunglasses right at the edge of the road.

That was an important piece of evidence. Bicyclists are entitled to ride in the roadway. But they are also required to ride as close to the right hand side of the roadway as practical. The photographic evidence suggested my client was riding in the correct area.

I prepared for taking the car driver's deposition. This is a statement under oath given with a court reporter taking down my questions and answers. I was prepared to seek significant and damaging admissions from the defendant, which he gave.

The insurance company called me after the deposition and raised their offer significantly and a fair settlement was reached. I tell you about this in case you have been seriously injured by the fault of another and the insurance company is treating you unfairly. You can call me to get answers to your questions.

You can call me right now for the help you need to get the compensation you deserve at 1-800-447-6549.

by Anthony Castelli Cincinnati, Ohio personal injury trial attorney

Founding member of http://www.personalinjury.com

Join a Greater Cincinnati Motorcycle rights group

2010-03-15T09:11:00.000-07:00

I recently became a member of Train MRO. I attended the monthly meeting of the Butler county train group. Here is what the group is dedicated to:

TRAIN MRO, Inc. is an organization which encourages safe riding practices among motorcyclists and heightened motorcycle awareness from vehicle operators through training and education. The information presented will help educate all motor vehicle operators about motorcycle and vehicle interaction, traffic crash cause and effect, and crash avoidance. The organization accomplishes this goal through community involvement, with awareness training at public and private schools, commercial driver education facilities, corporate training facilities, community service groups such as, but not limited to, Chamber of Commerce functions, Lions Clubs, Rotary Clubs, VFW Posts, etc. Our curriculum shall be in part an amalgamation of successful rider/driver awareness programs from various states throughout the United States, and additional current data and statistics from safety councils, motorcycling foundations, the AMA, MRF, MSF, and government agencies.

I had a great conversation with Louie one of their officers. These folks really do great work and are totally about safe riding. They really know what they are doing.
Here is a link to their web site, http://www.butlertrainmro.org/

There are a lot of great groups you can join for fun, safety and charitable work.
Some that I am a member of are:

Abate of Ohio
Motorcycle safety foundation
American motorcycle association
I have started a blog about motorcycle safety http://motorcycleinjuryohio.blogspot.com/ and have established a motorcycle accident safety group on facebook called Mototrcycle safety awareness and injury help of ohio

I invite you to call me for a free consultation to get the help you need if you have a motorcycle injury 621-2345

Brain injury Awareness Month

2010-03-02T22:04:00.000-08:00

Cincinnati personal injury accident trial attorney Anthony Castelli is pleased to be involved in brain injury awareness month. The goal of brain injury awareness month is to heighten everyone's awareness of the subtle effects of traumatic brain injury and the need to identify and care for people who have sufferred a concussion.

Often these injuries are caused by car accidents, but the more severe and painful injuries are identified and the effects of a concussion are often missed. Then when the person starts to get better the side effects of the concussion become manifest. That's why it's important for injury victims to consider hiring attorneys experienced with traumatic concussion cases.

A traumatic brain injury (TBI) is a blow or jolt to the head.
This injury is caused by falls, motor vehicle crashes, assaults and other
incidents. It is important to know that any TBI—whether diagnosed as mild, moderate or severe—can temporarily or permanently impair a person’s cognitive skills, interfere with emotional health.

You can experience memory loss; concentration or attention
problems; slowed learning; and difficulty with planning, reasoning, or judgment.
Emotional and behavioral consequences include depression, anxiety,
impulsivity, aggression, and thoughts of suicide.

Other effects of TBI may include fatigue, headaches, problems with
balance or motor skills, sensory losses, seizures, and endocrine dysfunction.

If you suspect that you or someone close to you has suffered a concussion as a result of the fault of another make sure you get the right medical attention. And to get the help you need to get the compensation you deserve contact Anthony Castelli Cincinnati injury attorney at 621-2345 for a free consult

Cincinnati Personal Injury victims - Get Your questions answered

2010-02-06T11:33:00.000-08:00

Find answers to your Ohio personal injury questions at the Cincinnati Attorney Web site of Injury Trial attorney Anthony Castelli

Personal injury car accident claimants and other injury claimants often have many questions about their rights. My web site seeks to answer some of those questions with free articles and videos.

The biggest issue that seems to keep people away from lawyers is that they don't know how personal injury lawyers charge.

People need to understand two things:

1. Just calling a lawyer normally will not cost you anything. Most lawyers in this area offer a free consultation whether initially in person or by phone.

2. Then if a personal injury lawyer takes your case they normally do it on a contingency fee.

Here are some article and video links to information about the contingency fee and how to go about hiring a lawyer for your personal injury or car accident.

Videos link to answers to frequently asked questions about personal injury such as:

The most important question to ask a personal injury attorney before you hire them.

Contingency fee explained.

Do I need an Attorney?

How to hire a great personal injury attorney?

>

This is an article link to: 10 reasons to hire a personal injury attorney.

You can call me today at 621-2345 to speak with me personally at no cost so you can get the help you need to get the compensation you deserve.

Attorneys How Take Good Care of Your clients

2010-01-30T08:35:00.000-08:00

Cincinnati Attorney Talks on Client Care

Most of the information being passed to attorneys these days is how to get clients. But the most important thing for an attorney to think about and act on is taking care of the clients you have. So what does it mean to take good care of a client. You only need to look from a client's perspective to know what's necessary.

1. Personal Attention

A client wants to know that you care about them and their case. You show that you care when you give them personal attention. The number one thing is communicating with your client about their case. You must return their phone calls promptly. This is the number one thing you here from people that call looking for help when they already have an attorney. So return those phone calls the same day if possible , but no later than the next day. Just think about when you call your doctor's office. Don't you expect comminication back that same day.

2. Explaining the process

Take time with your clients in the initial meeting and in other conversations to explain the process. Sure you can't anticipate every twist and turn and all the time frames. But at least try to give some general parameters about what to expect and how long things can take.

3. Keep them informed about what you are doing

You might be working as hard as you can on a client's case , but if they don't know what's going on they make think nothing is happening. It's good practice to copy them on any thing you send out about their case.

4. Put each case on a tickler system

These reminders that come up help you keep moving your client's case forward. You want to solve their promblem as quickly as possible, not prolong it.

by Cincinnati personal injury accident attorny Anthony Castelli. Call 621-2345 today to speak to Tony for free about your questions

The Best Cincinnati Personal Injury Trial Attorney I Knew

2010-01-18T15:45:00.000-08:00

Walter Beall - The Best Cincinnati Personal Injury Trial lawyer I Ever Knew

I first met Walt when I was looking for a job as a law clerk. I saw a job listed on the school bulletin board at Chase college of law. It was 1978. I thought I wanted to be a criminal lawyer. Walt told me that his law practice dealt with personal injury victims rights. People that were hurt by the negligence of another. He said that once I got to know the business I would really like it.

I was damn lucky he hired me. And he was right, I really enjoyed the challenge, the showmanship, standing up in front of a jury advocating for someone seriously injured or for a family that lost a loved one. Fighting big insurance for the little guy. I was lucky enough to carry Walt's bags around and learn the trade of personal injury trial lawyer.

So what made Walt so great. There were many things. He cared about his clients, he listened to them with patience and compassion. Then he taught them about their case.
And then he would go into Court and teach the jury about their case. Walt would tell their story in a straight forward and compelling fashion. He believed every word he said and the jury believed it to.

He was a fearless litigator, though I know the pressure of litigation was intense. And he felt it , although it rarely showed. Walt was not afraid of hard work . His definition of a trial lawyer was a person covered in sweat from working so hard.. He taught me that preparation was the key to successful settlement or succesful verdict.

I remember a wrongful death and severe burn case he had against 5 defendants. All his opponents were highly skilled insurance lawyers. It didn't seem like a fair fight 5 against 1, plus one green behind the ears law clerk. But he would roll up his sleeves and go to work with such presence and intensity that he could command the whole room .

I once saw him go into Court in a wrongful death case. I did not see how he had a chance at winning it. I doubt any lawyers would have taken the case. The only witness was the defendant. But Walt developed a theory against the defendant that he believed in. And he sprung it on the defense as he crossexamined their expert. The expert's anwswer to Walt's theory was so ludicrous that the insurance company settled that night.

Walt was a lawyer's lawyer. He was honest with friend and adversary. He had a great sense of humour. He did not gloat in victory. But he agonized in defeat. I saw him loose a trial once and it nearly killed him. He blamed himself. But there was nothing he could have done better or different. Every trial lawyer knows the pain of a defeat, especially the ones with the guts to take the difficult case. It's the getting back up that makes one a great trial lawyer. It's the ability to gamble their time and money for an uncertain, but believed in result. It's the desire for justice and a belief that all are created equal and entitled to life , liberty, and the pursuit of happiness.

Walt died in 1983 at 55 years old from a heart attack. I believe in part because he fought with all his heart for his clients. He took their problems on his shoulders. He was their Robin Hood, their hero.

I am fortunate enough to have two heros in my life. My father, a WWII decorated hero and Walt. I am who I am and owe what I have to those two men . I pray everyday to have their strength and humility.

Holiday Season filled with Sadness for Some

2009-12-23T06:33:00.000-08:00

As I write this article my thoughts go to the many car accident, motorcycle accident victims, the truck accident victims, and other personal injury victims whom I represent all over the State of Ohio

The life of a personal injury attorney is not easy and its an awesome resposibility to seek justice for someone tragically killed or injured. But how much harder it is for the victim to live that tragedy and loss every day. Even more so when the families get together and one is broken or missing because of the carelessness of someone else.

Today I will be making some calls to the clients I represent and have represented that have lost a loved one needlessly. I know that this holiday season is bitter sweet at best . When you have lost a father, a son, a husband. even though time passes the hurt never completely fades.

Many put their faith in God. Some question God. For most its not about the money, even though it is designed to make up for the loss . But how can it really. Its about having someone on their behalf stand up and say this was wrong , you could have prevented it . Don't let it happen again. This acknowledgement comes in the form of a settlement or verdict aginst the wrongdoer. Even then its rare to hear them say sorry for your loss, let alone sorry for the loss I caused you.

As one of my clients wrote me "This result will not bring back our "husband, father, grandfather" or ease the pain of his loss. After 4½ years, we still feel the pain, but a significant settlement can ease our burden and make the wrongoer responsible for negligence. It made them take notice of how serious we were to prove it wasn’t the victim’s fault.

Its not about revenge. Its not about an eye for an eye. Its about justice in the face of tragedy. Tragedy caused by carelessness. A lack of caring.

My job and my career as a personal injury attorney is to help those who are injured, and those whose family members have suffered a wrongful death. I help people on a daily basis. I have much work to do and miles to go before I sleep. But that's okay with me. I'm very blessed .

Some people celebrate the holiday’s and are oblivious to the suffering of some, there are many out there who are not so fortunate.

I would like to send prayers out to all of my personal injury clients during this holiday season. I promise will work with all my stenghth and fight with all my heart for you ; I will do everything in my power to get you the compensation you deserve. You are not alone.

Key Motorcycle Injury Insurance by Cincinnati Attorney

2009-12-11T14:41:00.000-08:00

According to this Cincinnati Motorcycle Injury Attorney this Insurance is Key

A motorcycle operator, just as a car driver, is only required to carry $12,500 of liability insurance in the state of Ohio. That means if a car driver caused you a serious injury while you were on your motorcycle, and the car driver carried minimum limits, that is likely all you would collect. ($12,500).

However you have the power to purchase underinsured motorist coverage in your motorcycle policy. Underinsured motorist insurance pays you for you injuries if your coverage is higher than the person's who caused your injury and your injuries merit damages in excess of the policy carried by the person who caused your injury. The minimum you should carry is $100,000.00 of underinsured motorist coverage.

For example if you broke your arm and required surgery and plates put in your arm, your damages could be $100,000.00. If you had $100,000.00 of underinsured coverage you could collect $12,500 from the car driver with minimum limits and an additional $87,500.00 from yor ouw insurance company. But only if you purchased underinsured motorist coverage on your motorcycle. If you did not you would end up horribly undercompensated.

For more motorcycle information go to http://www.castellilaw.com/Motorcycle-Accidents.html or for motorcycle safety awarenesss and injury help http://motorcycleinjuryohio.blogspot.com/

by Cincinnati motorcycle accident attorney Anthony Castelli call 621-2345 for the help you need

Why Hire Cincinnati Personal Injury Attorney Anthony Castelli

2009-11-28T06:39:00.000-08:00

If you are looking for a personal injury attorney to represent you for a serious injury case consider these reasons to hire Anthony Castelli .

1. Do you want an attorney who has handled hundreds of personal injury cases

2. Do you want someone who has exclusively represented injuy victims

3. Do you want a lawyer who has a web site where you can find out information about your case and the attorney

4. Do you want an attorney who will be the only lawyer to handle your case.

5. Do you want an attorney who has been to trial in over 20 personal injury cases.

6. Do you want someone you can call anytime you have a question.

7. Do you want an attorney to guide you through the system

8. Do you want an attorney who will expiditiously seek to resolve you case for the best result.

9 Do you want someone who will refuse a lowball offer and file suit and take you case to trial if necessary.

10. Do you want an attorney that will fight with all his heart for you

Watch these two videos to learn about Anthony Castelli.

Then consider calling Anthony Cincinnati personal injury attorney for the help you need to get the compensation you deserve at 621-2345

Cincinnati Motorcycle Accident and Injury Attorney Adds new content

2009-11-24T20:14:00.000-08:00

There are many "venues" that I use to try to reach potential consumers of the legal services I provide. One of the areas I focus on is motorcycle accident injury cases. I have ridden in the past, know a lot of motorcyclists, and represented many bikers that were injured as a result of a car driver.

It's no secret that some people are prejudiced against motorcyclists. But as usual this prejudice is based on lack of knowledge and stereotyping. The vast majority of motorcycle riders are a caring group that love the freedom their bike gives them .

My goal is to seek to eliminate prejudice and educate bikers about their rights and how they can protect themselves before and after an injury.

Here is a new site I found that allows me to create a biker rights channel
.http://cincinnatimotorcycleinjuryattorneyonbikersrights.magnify.net/
It is not sophisticated and the few videos were made before I went to work in the wee hours of the morning. Soon I will have an actual videoblog on my web site that will cover motorcycle law.

Another resource I found to reach Cincinnati , Ohio personal injury accident victims is mefeedia.com and here I have created an rss feed. If you subscribe this will allow you to be notified of any new videos I put up on youtube.

http://www.mefeedia.com/user/castellilaw/queue/rss

So I hope you enjoy these new resources and learn a few tips that will help you , a family member, or friend stay out of harms way. But if you do get harmed I welcome your call so you can get the help you need to get the compensation you deserve. Call 621-2345 to speak with me for a free consult

By Cincinnati Ohio motorcycle accident injury attorney Anthony Castelli

What is Wrongful Death in Ohio

2009-11-08T14:04:00.000-08:00

Wrongful Death in Ohio Settlement Averages

A wrongful death occurs anytime someone is killed as a result of the fault of another. Fault in the law is called negligence . This is a failure to exercise care that a careful person or corporation would exercise. There can also be an intentional act that causes death . This also is a wrongful death if it is not legally sanctioned.

Examples of wrongful deaths are when a driver runs a red light, stop sign , speeds , follows too closely and as a result a car collision occurs and they kill someone. There are many other situations that can be a wrongful death.

Who Can Bring A wrongful death Action in Ohio

In Ohio the personal represntative of the deceased person's estate appointed by the probate court is the person who brings the wrongful death on behalf of all the beneficiaries to the action. The beneficiaries are not necessarily those people named in a will. They are the people named in the Wrongful death statute. They can be anyone related by blood or adoption to the deceased. These can be the spouse, children, parents, brothers and sisters, nephews nieces and others.

What are the Settlement or Trial Damages

The damages recoverable include the economic loss. What would the deceased contribute to any relative had they lived. Also the non economic damages are extensive. They include loss of care , guidance , counsel, training , companionship and many other items of personal loss. Also the mental anguish caused to the beneficiaries as a result of the death is recoverable.

In many cases the damage award exceeds 1-2 million dollars as well they should. Even though the taking of a life may have been unintended, if it occured as a result of carelessness, a life is ended, it should not have, and those left behind suffer the loss forever.

I have personally been involved in trial of wrongful death and in one the jury verdict was $1,750,000 and the other was $2,750,000.00. However I know of cases where the award was much less as well as much more.

Of course money can never make up for the loss. But our society does not sanction an eye for an eye and revenge does not make up for a loss. In fact ,We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
Money can keep a widow in her home, it can help her provide for her children. Parents can establish memorials in the name of the deceased.Children can go to college.

After all, if it was a piece of property that was destroyed no one would have a problem awarding damages for the value of the property. In addition this serves as a deterrant from people and corporations acting irresponsively.

By Anthony Castelli Cincinnati attorney will discuss with you any questions you have about wrongful death in Ohio. Call today 621-2345 for help

Judge Lets Juror Sleep During Murder Trial Guity verdict Reversed

2009-11-04T11:27:00.000-08:00

Usually I use this bolg to write about personal injury cases, workers compensation or social security disability. But this story bears repeating.

This is a true story from an actual case out of a courtroom in Cuyahoga county , Ohio. The eighth district court of appeals rendered a written opinion.

The Facts

Defendant fired a gun into a bar injuring and killing one person. He was convicted. He appealed.

In five separate instances during trial it was brought to the court's attention that a juror had been sleeping. The court did not admonish the juror, did not remove the juror, and near the end of the trial said,

"I saw it. So what. Let him sleep. you guys picked the jury. I didn't."

Before that the judge said, "Let the recod reflect mr brown is asleep again with his mouth agape, snoring as well."

The Court of Appeals

The appeals court stated that extensive evidence of sleeping, including sleeping during eyewitness testimony constitutes pervasive juror misconduct and plain error.
This level of misconduct can never be direagarded. The trial judge did not monitor the situation or admonish the juror clearly abused its discretion.
Commentary

This might be funny if it was not so serious. Thankfully the Court of appeals was there to corrrect this. The defendant does not get off but faces a new trial. One at which everyone will stay awake.

Yes late in the afternoon , in a hot stuffy courtroom in a boring trial a juror may nod off. But it needs to be recognized right away and the juror told to shape up
or be taken off the jury.

Jury service is one of the cornerstones of our democracy in both civil and criminal cases. It must be taken seriously and most jurors do a great job. But here not only the juror , but the judge was asleep at the switch.

By Anthony Castelli cincinnati personal injury trial attorney

Cincinnati Has The Baddest Custom Motorcycle Shop

2009-11-02T19:44:00.000-08:00

Cincinnati has the baddest custom bike shop in the world. Anarchy MoCo makes awesome custom bikes. The shop closed to the public except by appointment is on fire.

They make three bikes : the Devil bike, the Alien and the Black-Pro Street. Anarchy starts with high quality steel stock. No filler . Every piece perfectly shaped by hand.

Anarchy powder coats the frame and then installs an Ultima 120cc high performance V-Twin engine. It shines baby. None of the hoses , cable, or wiring are visible. When you sit on the bike, its actually on the ground on landing gear. By pushing a button the suspension pressurizes and a 5 inch smooth ride is on.

No clutch either. Just bang it and go. Anarchy designed their own automatic clutch.
Even though these bikes look like they are built for show, they run with the best of any V-Twin.

These custom motorcycles are the real deal . Smart Crazy genius . They have multiple patents for equipment on these bikes. Check out this video link. Anarchymoco Then check out Anarchy MoCo to get the ride of a life time.
by Cincinnati motorcycle attorney Anthony Castelli he helps you up when you get knocked down at 621-2345

Hurt at Work You May Have Three Cases For Your Personal Injury

2009-11-01T23:43:00.000-08:00

Hurt At Work - Three Cases for One Personal Injury

If you were hurt while working for your employer you may have three sources of compensation for your personal injury. You will have a workers compensation claim. You may have a claim against the party who caused your injury. And if you will not be able to work at any job for one full year you may have a social security claim. Watch this video by Cincinnati personal injury trial attorney Anthony Castelli to learn about how this could come about.

If you have any questions please call Anthony Castelli Cincinnati personal injury attorney at 621-2345 right now for a free consult

Cincinnati Attorney Markets on PersonalInjury.com

2009-10-26T21:26:00.000-07:00

Press Release Cincinnati, Ohio

Cincinnati Personal Injury Attorney Marketing on PersonalInjury.com

Cincinnati personal injury trial attorney Anthony Castelli is pleased to announce his association with personalinjury.com. This is a nationwide attorney advertising and educational site. Personal injury victims from any state can go here to educate themselves and find an attorney in their area to help them.

The attorneys on this site pay Personalinjury.com to create a landing page and a blog to advertise their services. You will find links to my web site and a blog that is separate from my website blog.

This web site allows a nationwide platform for each individual attorney. Attorney Castelli states " I am excited to be given this opportunity through my association with page1solutions.com, the creator of this site, to further my marketing reach . The site they created not only gives exposure to each attorney, but also seeks to provide the consumer of legal services educational material for all 50 states."

This site allows me to blog specifically about Ohio law or on subjects of general interest to all legal consumers. Click on this link to see the new site.

by Cincinnati personal injury trial attorney call 621-2345 for help

Watch for Motorcycles Prevent Accident & Injury

2009-10-23T22:07:00.000-07:00

Motorcycles are not as visible as cars. But careful, caring drivers can see a motorcyclist no matter what. You just have to drive with that awareness in your mind. Even though its getting colder there will still be bikers on the road.

This link to a video is a sobering reminder that bikers are good decent folks, and a momentary distraction by a car driver can maim or kill them. The law gives them just as much right to the road as a car. So cagers please notice everyone and everything around you.

The life you save may be your own, or a father , mother ,son, daughter,sister, brother.

by Anthony Castelli cincinnati Motorcycle accident attorney call 621-2345 for help

Were Your Ohio Workers Compensation Checks Stopped and your Attorney Never explained why

2009-10-12T21:02:00.000-07:00

Why Were My Ohio Workers Compensation Benefits Checks stopped

Many workers compensation Claimants do not understand why their biweekly compensation checks were stopped even though they could not go back to work. There could be several reasons. The biggest one is that you reached maximim medical improvement known as MMI.

This means that the Ohio bureau of workers compensation has determined that your medical condition is not going to improve any further. In other words you have reached a plateau from which there will not be any further improvement. So even if you think you are still healing , and even if your doctor thinks there is still room for improvement and even if you have not returned to work, you could be determined to be maximum medically improved and your checks could be stopped.

That's why its important to have an attorney that is certified by the OSBA as a specialist on your side. They can fight to keep you from being found mmi and if you loose they can explain and determine a strategy for you to seek other benefits.

Watch this video to learn more about this issue.

by Cincinnati Workers Compensation attorney certified by the Ohio State Bar association Anthony Castelli call today 621-2345 for a free consultation http://www.castellilaw.com/TOCWorkersCompensation.html

Cincinnati Personal Injury Attorney - The Chinese Drywall Problem

2009-10-08T06:37:00.000-07:00

The Chinese Drywall Problem

Imported drywall from China has ruined many homes. There are literally thousands of lawsuits being filed. The insurance compaies are refusing to pay calling this problem a pollutant. Even worse if you make a clain with you homeowners insurance
the insures are canceiing you when renwel comes up.

Class action lawsuits have been filed and are going forward. If you have this problem seek the adice of an attorney who is handling these cases. there is a veritable cottage industry growing up around these claims.

Below is an excerpt from the AAJ news brief. This is an email news feature from the American Association of Justice that I subscribe to.

The Bradenton (FL) Herald (10/8, Gagliano) reports, "In most cases, insurance companies are likely to reject claims over Chinese drywall and, in some circumstances, insurers will not renew policies." Filing a claim "over Chinese drywall damages may be the biggest risk factor for homeowners in terms of not being renewed. 'As long as no claims have happened, it shouldn't be a problem,' [Alden Weichel, president of Bradenton Insurance], said. 'If a claim has come out it could face nonrenewal

On the front page of its Business Day section, the New York Times (10/8, B1, Wayne) reports that hundreds of lawsuits from homeowners affected by Chinese drywall "are piling up in state and federal courts, and a consolidated class action is moving forward in Louisiana before Judge Eldon E. Fallon of Federal District Court, who will begin hearing cases in January."

But "whether the Florida builders who brought the class-action lawsuit could ever collect on any future judgment remains unclear, because of the difficulty of gaining jurisdiction and enforcing rulings against foreign companies, especially in China." The Times notes that insurance companies "have become a popular target of lawsuits over their refusal to pay claims filed by homeowners and home builders, stating that their policies do not cover problems caused by pollutants."

Here is the problem with the drywall. Chinese drywall has been shown to emit sulfuric gases that cause respiratory problems and symptoms such as itchy eyes and nose bleeds. Homeowners also have reported corrosion to electrical components such as air conditioning units and appliances.

This month, the Consumer Product Safety Commission, whose investigation into Chinese drywall is the largest in its history, will release the results of a study to determine why the drywall is causing the problem, and what kind of remediation programs might be effective.

Already, the commission has sent six investigators to Chinese gypsum mines and to meet with the government there. The Chinese government’s counterpart to the federal safety commission sent two of its experts here to inspect affected homes.

The commission is also making sure that no more Chinese drywall comes into the country.

Investigators are finding that getting scientific data, establishing legal accountability and following a supply chain is difficult when so many drywall sheets — millions in all were brought into the United States — were simply marked “Made in China,” providing no clues to their actual source. The drywall was brought in because United States supplies ran low, not as a cost-saving measure for builders.

One target of the lawsuits is Knauf Plasterboard Tianjin, a German company with manufacturing plants in China that supplied about 20 percent of the Chinese drywall brought into the United States.

Here are links to a firm handling Chines Drywall

http://www.hausfeldllp.com/

Hausfeld LLP, Levin Fishbein and Colson Hicks – the three firms that filed the first major Chinese drywall class action (Vickers v. Knauf Gips, et al.,) in the Southern District of Florida – announced that they have expanded the scope of litigation and filed the first statewide defective drywall class actions on behalf of Virginia and North Carolina residents negatively impacted by defective drywall in their homes.

There is also an investigation starting on drywall made in the United States.
If you think you have a drywall problem you may want to consider contacting one of these firm directly.

by Cincinnati Personal injury and accident attorney anthony Castelli

Cincinnati Social Security Disability Attorney Explains the Application Process

2009-10-04T23:16:00.000-07:00

Social Security Disability Application Process

The application process for social security disability mystefies many. However the inital process is relatively simple. Its actually winning your social security disability case that's difficult.

The easy part is to call social security at 1-800-772-1213 and ask them to send you the forms to fill out for a social security disability as well as an ssi claim. Then you want to make an appointment with them to bring in the forms to your local office. That way you are sure Social security has your disability application on file.

Then within 3-9 months you will be allowed or denied. If you are denied you have 60 days to file an appeal. You may want to consider hiring a social security disability attorney if you get denied.

As a personal injury attorney I can tell you that I always counsel my seriously injured clients to consider filing for social security disability if there is a chance they will not be able to work at any job for one full year. If they get back to work before that great. But if not they at least have a head start on getting awarded benefits if they are able to show that they could not perform sustained gainful employment for one full year.

by Anthony Castelli cincinnati social security disability attorney. Visit his new blog on social security disability for more information http://socialsecuritydisabilityattorneycinci.blogspot.com/2009/10/cincinnati-social-security-disability.html

Attorney anthony Castelli has prepared a video on An Overview of the Social security disability Application Process

Workers Compensation Trap That Could Ruin your Personal Injury Case

2009-10-02T15:41:00.000-07:00

A recent case in Ohio set up what I call the workers compensation trap. A lady had been injured by inhaling toxic fumes from an ingredient to make instant popcorn. She filed a personal injury product liability claim against the manufacturer of the toxic substance.

She also filed a workers compensation claim. She lost her workers compensation claim as they said she did not prove this substance caused her lung problem. She failed to appeal the case into court and therefore her workers compensation claim was over.

Unfortunately her personal injury product liability claim was now over also. This is because the Appellate court said the product liability defendant could use the loss of her workers compensation case against her since it was essentially the same issue and it had already been decided.

Below is a video I prepared about this problem and what to do.

by Cincinnati workers compensation and personal injury attorney Anthony Castelli

What is a Personal Injury Trial Lawyer - A Shark or a Sheepdog

2009-09-26T15:16:00.000-07:00

Are Personal Injury Trial lawyers villains , heroes. Do they help society or hurt it. Maybe this analogy between a wolf and a sheepdog will at least help you figure it out for youself.

One Vietnam veteran, an old retired colonel, once said something like this : “Most of the people in our society are sheep. They are kind, gentle, productive creatures who can only hurt one another by accident.” This is true. Remember, the murder rate is six per 100,000 per year, and the aggravated assault rate is four per 1,000 per year. What this means is that the vast majority of Americans are not inclined to hurt one another.

Some estimates say that two million Americans are victims of violent crimes every year, a tragic, staggering number, perhaps an all-time record rate of violent crime. But there are almost 300 million Americans, which means that the odds of being a victim of violent crime is considerably less than one in a hundred on any given year. Furthermore, since many violent crimes are committed by repeat offenders, the actual number of violent citizens is considerably less than two million.

Thus there is a paradox, and we must grasp both ends of the situation: We may well be in the most violent times in history, but most people thankfully are not violent. This is because most citizens are kind, decent people who are not capable of hurting each other, except by accident or under extreme provocation. They are sheep.

Take my father for instance he is a decorated world war II veteran. He saved his ship from komikazes. But he would never tell you about it , nor would he ever carry a gun or allow one in his house.

I mean nothing negative by calling someone a sheep. To me it is likened to a small baby, it nees help to survive, but someday it will grow into something wonderful. But the baby cannot survive without its parent. Police officers, soldiers and other warriors are like that parent, and someday the civilization they protect will grow into something wonderful. For now, though, they need warriors to protect them from the predators.
“Then there are the wolves, and the wolves feed on the sheep without mercy.” Do you believe there are wolves out there who will feed on the flock without mercy? You better believe it. There are evil men in this world and they are capable of evil deeds. The moment you forget that or pretend it is not so, you become a sheep. There is no safety in denial.

“Then there are sheepdogs,” he went on, “and I’m a sheepdog. I live to protect the flock and confront the wolf.” Or, as a sign in one California law enforcement agency put it, “We intimidate those who intimidate others.”

If you have no capacity for violence then you are a healthy productive citizen: a sheep. If you have a capacity for violence and no empathy for your fellow citizens, then you have defined an aggressive sociopath--a wolf. But what if you have a capacity for violence, and a deep love for your fellow citizens? Then you are a sheepdog, a warrior, someone who is walking the hero’s path. Someone who can walk into the heart of darkness, into the universal human phobia, and walk out unscathed.

Everyone has been given a gift in life. Some people have a gift for science and some have a flair for art. And warriors have been given the gift of aggression. They would no more misuse this gift than a doctor would misuse his healing arts, but they yearn for the opportunity to use their gift to help others. These people, the ones who have been blessed with the gift of aggression and a love for others, are our sheepdogs. These are our warriors

Ken Shigley expanded on this old soldier’s excellent model of the sheep, wolves, and sheepdogs. We know that the sheep live in denial; that is what makes them sheep. They do not want to believe that there is evil in the world. They can accept the fact that fires can happen, which is why they want fire extinguishers, fire sprinklers, fire alarms and fire exits throughout their kids’ schools. But many of them are outraged at the idea of putting an armed police officer in their kid’s school. Our children are dozens of times more likely to be killed, and thousands of times more likely to be seriously injured, by school violence than by school fires, but the sheep’s only response to the possibility of violence is denial. The idea of someone coming to kill or harm their children is just too hard, so they choose the path of denial.

The sheep generally do not like the sheepdog. He looks a lot like the wolf. He has fangs and the capacity for violence. The difference, though, is that the sheepdog must not, cannot and will not ever harm the sheep. Any sheepdog who intentionally harms the lowliest little lamb will be punished and removed. The world cannot work any other way, at least not in a representative democracy or a republic such as ours.

Still, the sheepdog disturbs the sheep. He is a constant reminder that there are wolves in the land. They would prefer that he didn’t tell them where to go, or give them traffic tickets, or stand at the ready in our airports in camouflage fatigues holding an M-16. The sheep would much rather have the sheepdog cash in his fangs, spray paint himself white, and go, “Baa.”

Understand that there is nothing morally superior about being a sheepdog; it is just what you choose to be. Also understand that a sheepdog is a funny critter: He is always sniffing around out on the perimeter, checking the breeze, barking at things that go bump in the night, and yearning for a righteous battle. That is, the young sheepdogs yearn for a righteous battle. The old sheepdogs are a little older and wiser, but they move to the sound of the guns when needed right along with the young ones.

Here is how the sheep and the sheepdog think differently. The sheep pretend the wolf will never come, but the sheepdog lives for that day. After the attacks on September 11, 2001, most of the sheep, that is, most citizens in America said, “Thank God I wasn’t on one of those planes.” The sheepdogs, the warriors, said, “Dear God, I wish I could have been on one of those planes. Maybe I could have made a difference.” When you are truly transformed into a warrior and have truly invested yourself into warriorhood, you want to be there. You want to be able to make a difference.

While there is nothing morally superior about the sheepdog, the warrior, he does have one real advantage. Only one. He is able to survive and thrive in an environment that destroys 98 percent of the population.

Some people may be destined to be sheep and others might be genetically primed to be wolves or sheepdogs. But I believe that most people can choose which one they want to be, and I’m proud to say that more and more Americans are choosing to become sheepdogs.

Seven months after the attack on September 11, 2001, Todd Beamer was honored in his hometown of Cranbury, New Jersey. Todd, as you recall, was the man on Flight 93 over Pennsylvania who called on his cell phone to alert an operator from United Airlines about the hijacking. When he learned of the other three passenger planes that had been used as weapons, Todd dropped his phone and uttered the words, “Let’s roll,” which authorities believe was a signal to the other passengers to confront the terrorist hijackers. In one hour, a transformation occurred among the passengers--athletes, business people and parents--from sheep to sheepdogs and together they fought the wolves, ultimately saving an unknown number of lives on the ground.

This business of being a sheep or a sheepdog is not a yes-no dichotomy. It is not an all-or-nothing, either-or choice. It is a matter of degrees, a continuum. On one end is an abject, head-in-the-grass sheep and on the other end is the ultimate warrior. Few people exist completely on one end or the other. Most of us live somewhere in between. Since 9-11 almost everyone in America took a step up that continuum, away from denial. The sheep took a few steps toward accepting and appreciating their warriors, and the warriors started taking their job more seriously. The degree to which you move up that continuum, away from sheephood and denial, is the degree to which you and your loved ones will survive, physically and psychologically at your moment of truth.

Since 9-11 almost everyone in America took a step up that continuum, away from denial. The sheep took a few steps toward accepting and appreciating their warriors and the warriors started taking their job more seriously. Its okay to be a sheep, but do not kick the sheep dog. Indeed, the may just run a little harder, strive to protect a little better and be fully prepared to pay an ultimate price in battle and spirit with the sheep moving from "baa" to "thanks".

We do not call for gifts or freedoms beyond our lot. We just need a small pat on the head, a smile and a thank you to fill the emotional tank which is drained, protecting the sheep. And when our number is called by "The Almighty", and day retreats into night, a small prayer before the heavens just may be in order to say thanks for letting you continue to be a sheep. And be grateful for the thousands - - millions - - of American sheepdogs that permit you the freedom to express even bad ideas.

So that brings us full circle">">Is a trial lawyer a sheepdog or a wolf-a shark.

reprinted by Anthony Castelli A Cincinnati personal injury trial attorney. Somedays a sheep. Somedays a sheepdog

The Trilogy - How injury victims could have three cases in one

2009-09-23T19:44:00.001-07:00

If you are seriously injured while working you could end up with three cases for compensation and benefits as a result of one injury caused accident. The first case that you would have if you are injured while working in Ohio is a claim for workers compensation benefits. Usually you do not have a claim against your employer for pain and suffering except in intentional tort cases. And these are rare.

However if your personal injury was caused as a result of the fault of a third party you can bring a claim against the third party. The usual situation is if you drive for an employer and someone else unrelated to the employer is at fault for a car accident. You can bring a claim against the driver for pain and sufferring, loss of enjoyment of life , lost wages and medical expense.

The third case in the trilogy is if your injury is so serious that you will not be able to work at any job for at least one full year. In that case you have a claim for social security disability benefits.

There is interplay beteen all of these cases . If you get money for your personal injury from the at fault party, workers compensation wants the benefits they paid you back. However this can be negotiated in many cases to a lesser amount.

The evidence developed can be used for or against you from one case to another. So many problems can arise if one claim is not coordinated with another. The best way to do this is hire an attorney experienced in these three areas of law.

I have handled these cases for over 28 years. I have had clients with the tiligy. They are grateful to be able to deal with one attorney for all of there needs in all three cases.

I would be glad to speak with you at no cost to see if I can help with yout personal injury , your workers compensation, or your social security disability claim. call 621-2345

bt Anthony Castelli a Cincinnati personal injury trial attorney also focusing on workers compensation and social security disability.

Personal Injury lawyer workers compensation specialist

2009-09-10T21:06:00.000-07:00

In Ohio there are certain areas of law that you can formally become an expert in. In other words the Ohio supreme court has said if you meet certain requirements you can hold yourself out as a expert. On of these areas is workers compensation lawyer. The Ohio state Bar association is the certifying body for Ohio workers compensation law. I was certified in the first group of Ohio lawyers. you must devote at least 20%of your practice to workers compensation.

There is no such certification for personal injury attorney. But just because you are certified does not necessarilly mean that you will do a good job. And not being certified does not necessarilly mean you will do a bad job.

I have written extensively on how to find a good personal injury lawyer and the questions you should ask. My web page http://www.castellilaw.com contains that information.

By thoroughly reviewing an attorneys web site you can get a good feel if the lawyer is right for you. Especially with the advent of video you can see and hear the lawyer. You can also read their articles to see if they are providing helpful information. Also testimonials are now allowed in Ohio . So you don't just have to listen to what the lawyer says , but you can see how people in your shoes were helped and what they have to say.

by Anthony Castelli cincinnati ohio personal injury trial lawyer with focus also on workers compensation and social security disability. I welcome you calls and questions 621-2345

Cincinnati Attorney works on multiple motorcycle injuries

2009-09-08T19:51:00.000-07:00

I continue to work on multiple motorcycle injury and wrongful death cases. These cases happen in differing fashion. Sometimes a biker is struck from behind. Another case is a car turned right in front of a biker. Another case is a slick blackout tap on the roadway that Odot as well as the contractor was derelict in their duty to remove. There is just no other was to say it. Odot was aware of a clear and present danger and did nothing.

Bikers come from all walks of life and share a common enjoyment. They deserve the respect of the community just as much as anyone else. To see them needlessly injured by negligent cagers is very sad and troublesome. Many bikers are involved in charitable work and just want to ride for the sheer love and freedom they feel .

Please everyone be aware of these folks and help to keep them out of harms way. They have just as much right to the road as car.

by Anthony Castelli cincinnati mototcycle, car and truck personal injury trial attorney

One Injury - Three Areas of Law - Personal Injury - Workers Compensation - Social Security Disability

2009-09-01T20:56:00.000-07:00

Personal injury attorney -Workers compensation attorney - social security disability attorney all in one. Why its important to hire the right attorney.

If you have been seriously injured while working as a result of a third party, you may have at least three areas of law to consider for benefits and compensation.

People injured while working in Ohio are covered by the Ohio workers compensation law. This provides very specific and somewhat limited benefits. A complete coverage of this topic would take pages. Just know that its a maze of its own.

If a third person unrelated to your employer negigently caused your injury you also have a personal injury negiligence claim. This means that you must prove the person was at fault, but unlike workers compensation you can recover for pain and suffering and loss of enjoyment of life. This area of law also has its own unique priciples and practices.

If you injury is so serious that you will not be able to work at any job for one full year, you may be entitled to social security disability benefits. Again this is a separate area of law. Social Security is federal law. It has its own nuances.

Problems can arise when your lawyer only knows how to handle one area. Even if they know enough to refer you to an attorney that handles one of the other areas of laws there may not be complete coordination. Information in one case may be helpful or hurtful evidence in another. Therefore its important if you are touching all three areas, social security disability, workers compensation, and personal injury or only just two of them, to have an attorney that knows all three areas of the law. That way you have the best chance of coordinating all the benefits for maximum recovery.

by Anthony Castelli cincinnati attorney focusing on personal injury, workers compensation and social security disability . Feel free to call Anthony at 621-2345 if you have any questions in any of these areas at no cost or obligation

Can I Sue my Employer if they Cause Personal Injury

2009-08-27T20:17:00.001-07:00

Many people wonder why the can not sue their employer if they were caused a personal injury as a result of their employer's neglect. The reason for this , in Ohio , is that the employer is given immunity from being sued in return for the employees right to bring a claim for workers' compensation benefits. An employee can file a claim for workers' compensation benefits regardless if the injury was the employers fault or not.

There are certain exceptions to this rule. The big exception is when the employer intends to hurt you. Then you can file for workers compensation benefits and sue the employer. The most commmon of these cases is when an employer removes a safety guard from a machine. In that case a jury can find that injury was substantially certain to occur. However these are always diffficult cases. Plus you need a big employer because very seldom will the employer have insurance for this kind of conduct.

However if a third party causes you injury while working you can sue the third party for your damages and also file a workers compensation claim. Of course you must pay the Ohio bureau of workers' compensation back on a formula basis if you do revover from a third party.

by Anthony Castelli Cincinnati personal injury trial attorney Mr Castelli will be glad to answer any questiions you have regarding your injury claim. 621-2345

The Value Of A Cincinnati Personal Injury Lawyer

2009-07-18T21:13:00.000-07:00

In his book "The Injury Industry and the Remedy of No-Fault Insurance" Jeffery O'Connell stated the following: "Studies tend to show that hiring an attorney not only increases the chance and amount of payment but leaves more net payment for the claimant even after deducting his attorney's fee." .

"According to one statistical study conducted at the Columbia Law School, `the claimant who retains an attorney improves his chances of recovery; and, in addition, `the increment to the victim who retains an attorney is large enough so that, even after the attorney's fee is deducted, he will "net" more than if he had handled the case himself."

While these statements may not be true in every case and in fact there are cases I would not take because I don't think I can add value to them

Be wise, make sure you consult a competent Cincinnati injury lawyer and in the appropriate case hire them to represent you!

When You Fall On Someone's Property Why It is So Hard to Recover Compensation

2009-07-18T08:19:00.000-07:00

Another Personal Injury Case Lost Because of the "open and obvious" doctrine

Many people think that just because they fall in someone's business they are entitled to recover. In order to recover you must prove the store owner or landowner was negligent. What makes this diffficult in Ohio is the "open and obvious" doctrine. This doctrine states that if a hazard or unsafe condition is both open and obvious the store owner has no duty to protect you against it, therefore can not be negligent and thus you can not recover.

The Ohio Supreme Court had a recent chance to change the doctrine , called outdated by many, but refused to do so. Here is the story.

The Court's 6-1 decision in Lang v. Holly Hill Motel, Inc., authored by Chief Justice Thomas J. Moyer, affirmed a ruling by the 4th District Court of Appeals.

The case involved a civil suit filed by Dorothy Lang on behalf of the estate of her deceased husband, Albert Lang, against the Holly Hill Motel in the Jackson County Court of Common Pleas.

The complaint was that Mr. Lang, who suffered from breathing disorder and carried a portable oxygen tank, fell while his wife was helping him ascend a two-step stairway in front of the couple's motel room. Mr. Lang suffered a broken hip that required his hospitalization. He died three months later.

The complaint that Mr. Lang's fall resulted from had a riser height of the two steps he had to climb at the motel was several inches higher than the maximum permitted by the Ohio Basic Building Code, and that there was no handrail, as also required by the building code, to help him maintain his balance or stop his fall.

Holly Hill filed a motion , arguing that because the height of the steps and absence of a handrail were open and obvious conditions, the motel had no duty to protect its guests against them and therefore could not be held negligent for failing to do so. The trial court agreed and entered summary judgment in favor of the motel.

Mrs. Lang appealed, arguing that because the excessive stair height and lack of a handrail were violations of the state building code, the trial court erred in granting summary judgment in favor of the motel because the open and obvious doctrine is inapplicable and summary judgment is improper when the condition at issue is in violation of the building code.

The 4th District Court of Appeals affirmed the trial court's grant of summary judgment in favor of Holly Hill based on the open and obvious nature of the hazard that caused injury, but certified that its ruling on that issue was in conflict with decisions in two other appellate districts. The Supreme Court agreed to hear arguments to resolve the conflict.

In the decision, Chief Justice Moyer wrote:

"To prevail in a negligence action, a plaintiff must demonstrate that (1) the defendant owed a duty of care to the plaintiff, (2) the defendant breached that duty, and (3) the defendant's breach proximately caused the plaintiff to be injured.

"However, this duty does not require landowners to insure the safety of invitees on their property. As we have repeatedly recognized, '[t]he open-and-obvious doctrine remains viable in Ohio. Where a danger is open and obvious, a landowner owes no duty of care to individuals lawfully on the premises.'

... "'[T]he owner or occupier may reasonably expect that persons entering the premises will discover those dangers and take appropriate measures to protect themselves.'

"Thus, when a plaintiff is injured by an open and obvious danger, summary judgment is generally appropriate because the duty of care necessary to establish negligence does not exist as a matter of law."

While a building code violation may be strong evidence that a condition was dangerous and that the landowner breached its duty of care by failing to repair it, the Chief Justice wrote: "(T)he violation is mere evidence of negligence, and does not raise an irrebuttable presumption of it. As is the case with all other methods of proving negligence, the defendant may challenge the plaintiff's case with applicable defenses, such as the open-and-obvious doctrine. The plaintiff can avoid such defenses only with a per se finding of negligence, which we declined to extend to this context in Chambers."

The Chief Justice concluded by noting that property owners who violate the building code face numerous statutory penalties, including injunctions, fines and criminal sanctions, that act as strong disincentives for ignoring their obligation to maintain their property in a safe condition. He observed that today's decision does nothing to reduce the additional deterrent of potential civil damages in cases where courts determine that a code violation that caused injury was not open and obvious.

Isn't it a bit ridiculous for the Judge to find you could have a criminal penalty , but the person injured could not recover.

Justice Judith Ann Lanzinger entered a separate opinion, joined by Justice Maureen O'Connor, in which she concurred with the majority in judgment only. Justice Lanzinger observed that the open and obvious doctrine is more than a theory of defense, because it functions as a complete bar to recovery by a plaintiff based on a property owner's negligence.

Anthony Castelli is a Cincinnati personal injury trial attorney . He will be happy to discuss with you if he can help you if you have been injured. www.castellilaw.com

Truck Accidents Insurance Regulation

2009-07-09T22:33:00.000-07:00

Truck accidents often cause serious personal injuries. Interstate trucking operators are required by federal law to car specified levels of liability insurance.

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?reg=r49CFR387.9 is the web link that gives infromation regarding the levels of insurance.

Truck accidents also have laws uniquely applicable to trucks. That's why you should hire an experienced truck accident attorney if you have been injured in a truck accident.

by Anthony Castelli personal injury trial attorney . Mr Castelli would be glad to talk with you about you truck related personal injury 621-2345

Car Accident Injury Cases I Will Not Take

2009-06-26T20:39:00.001-07:00

Not every one that calls me about their car accident has a case that I will take. The first hurdle is that the car accident has to be caused by the fault of the other party. Legally that is called negligence. Everyone understands running a red light or a stop sign. But some people think that when someone that has been in front of you stops suddenly, that it is their fault. Not usually. The Ohio law states that you must be able to stop within the assured clear distance in front of you.

The next important thing is the force of the collision. Jurors are quite skeptical about cases with no car damage. However even if the bumper looks okay, if the bumper guard (the steel part between the bumper and the car frame)is damaged that can show the collision had significant force.

You also must be able to show the car accident caused you a signifcant injury. Just today a young man called me and said he was in a car accident 30 days ago and his leg just started bothering him. He had not sought any medical attention. In that case I explained that it would be incredibly difficult to show that injury was from the car accident . So I declined to take his case.

Finally even if it was the other persons fault and there was good car damage and you went to the doctor the day of the accident but had not had anymore treatment and you were fine within a week, then I would not be able to add any value to your case. It would be a case you should be able to handle with the insurance company for a small amount of compensation.

I'm always glad to talk with anyone that needs help or just has a question to ask. The important thing to remember is to document everything you can and seek medical attention as soon as you feel any injury.

Cincinnati Personal Inury Attorney Press Release

2009-06-24T19:16:00.000-07:00

Cincinnati, OH June24, 2009 -- Cincinnati personal injury Attorney(http://www.castellilaw.com) Anthony Castelli releases the Six key items of damage for personal injury victims in Ohio.

Personal injury victims in Ohio can recover six key elements of damage that entitle them to recover money compensation.

Claimaints can recover for:
1. Reasonable medical expense
2. Pain and suffering
3. Loss of enjoyment of life
4. loss of wages
5. Impairment of earning capacity
6. Disfigurement scarring

Loss of enjoyment of life means those things victims were able to do before your injury but now can not do, or are more difficult to do. Some examples are gardening, taking walks, golfing. The list is unique to each individual.

Impairment of earning capacity is the lessened ability to earn money as a result of an injury. For example, if an injury claimaint was a concert pianist and could no longer play the piano because of a hand injury , but could work at something for less money, they are entitled to the difference in earnings.

Claimaints are entitled to those damages as shown by the evidence for the past as well as the future. But the future must be reasonably certain.

Mr. Castelli a Greater Cincinnati, Ohio accident and personal injury attorney for over 28 years stated that, "insurance companies like to keep you in the dark about everything you are entitled. They hope to make a quick cheap settle up. Do not sign a binding release until you know all of your injuries, their nature and extent and all of your rights."

How To Decide If you need a Personal Injury Attorney

2009-06-21T22:14:00.000-07:00

Many injury victims don't know if they really need an attorney. Cincinnati Personal injury trial Attorney Anthony Castelli explains when you should consider hiring a personal injury attorney. You will learn he does not take every case and explains why you may be able to handle your own claim

Your Rights If Injured in a Car Accident

2009-06-20T03:44:00.000-07:00

If you have been injured in a car accident you have certain rights. The most specific right is your right in Ohio to recover compensation (monetary damages) to make up for your injuries.

Here is a list of the damages recoverable for your personal injury:

1. reasonable and necesssary value of medical expense

2. lost time from employment even if you used sick time

3. Pain and suffering reulting from your injuries

4. Loss of enjoyment of life. This is different that pain abd suffering. This compensates you for not being able to perform your activities you enjoy.

5. disfigurment if you have scarrring from your injury.

Unfortunately the insurance company for the person who injured you is not obligated to pay these damage until a verdict is obtained against their insured. So you need to be aware of other sources of possible recovery. A personal injury lawyer can fully explain your rights , how to protect them , and maximize your right to fair compensation.

Of course you also have the right to recover property damage. Lawyers normally do not take a fee out of this recovery as the insurance companies will resolve property damage to avoid further and additional expense.

by Anthony Castell Cincinnati Personal injury trial attorney . My web www.castellilaw.com

Motorcycle Rider Abate Member Martin Meister RIP

2009-06-06T04:55:00.000-07:00

Martin Meister long time motorcycle rider enthusiast and member of ABATE of Ohio pased from this life on April 29.2009. Martin loved to ride his motorcycle and loved ABATE ( American Bikers Aimed Toward Education)

In fact that's how I met Martin through a meeting of Abate of Ohio Region 5 hamilton county. To me Martin was the face and voice of Abate and documented their activity with photographs. My email is filled with photograghs that Martin took of motorcycle biker events he traveled to.

Martin was truly unique and passionate about the right of motorcycle riders. He was passionate about the right of way law hoping that it would prevent injury to motorcycle riders. He asked me to speak about that law at one of the local Abate meetings. I'll never forget the introduction he gave me that made me feel right at home.

Martin was well known throughout the State of Ohio. His sense of humour, intensity, passion friendship and smile will surely be missed by many. I know it will be missed by me. He treated everyone the same with respect and care. And was everyone's cheerleader.

He was always there to lend a hand to motorcycle riders and the charitable events contributed to by Abate. I know God's light is shining on Matin, the photo takin hillbilly, as he with his humility and self depricating humour used to call himself.

by Anthony Castelli cincinnati Personal injury and trial attorney www.castellilaw.com

Car Accident Back Injury

2009-05-20T21:46:00.000-07:00

Many car accident cases cause low back injury, The defense will try to argue that the back is padded against the seat so how could the injury occur. However most if not all competent doctors that I have gotten reports from have no problem relating a back injury to a car accident especially if there is no prior or recent back injury and the back complaints are registered in close proximity to the car accident.

Disc injury is a more severe type of back injury and may result in surgery and chronic pain and limitation. Here is a great link that explains about the disc anatomy.

http://www.chirogeek.com/000_Disc_Anatomy.htm

Anthony Castelli is a Cincinnati personal injury trial attorney. He welcomes your questions and offers free initial consultations. you can call him at 621-2345

Social security benefits available if you have a serious injury that could last for more than a year

2009-05-19T11:04:00.000-07:00

If you suffer a serious personal injury or any illnesss for that matter you should apply for social security disability. The requirement to get benefits is that your injury is going to last for more than a year and cause you not to be gainfully employed.

Most people believe Social Security is a Federal program that only prov ides retirement benefits. This is not the case. There is a complex disability component to the Social Security program.

Who is disabled and who is not disabled has evolved into a complex question that is not always easily answered. As a result, the Social Security application and decision process has become increasingly complex and now, more than ever, requires that a skilled Social Security Lawyer be involved in the process from the beginning application.

Social Security denies approximately 70% - 75% of the applications for disability. Approximately 60% -70% of these denials are turned into accepted claims after either reconsideration or a hearing before an Administrative Law Judge. Having a Social Security Disability Lawyer working for you at these stages can greatly increase your chances of success at the reconsideration or Administrative Law Judge hearing level before the Social Security Administration.

If you are applying for Social Security Disability benefits, having a lawyer on your side that has a strong knowledge of how the Social Security Disability claims process works is critical and can greatly improve your chances of getting your case approved in the application stage or at the hearing level.

If you have any questions about what you need to do please call Anthony Castelli cincinnati personal injury, workers compensation and social security disability attorney

THe Most Important To Do if You Are In A Cincinnati CAr Accident

2009-05-09T23:07:00.000-07:00

Cincinnati Car Accident Attorney Reveals The Number One Action to Take For Your Cincinnati Car Accident Injury

If you are in a car accident there are many things you need to do to ensure that you get a fair settlement of your claim with the insurance company. The many things necessary is the subjct matter for a free consultation with an experienced personal injury attorney. However there is one key thing that you must do if possible before you ever see an attorney. YOU MUST DOCUMENT YOUR CASE.

There are many kinds of documentation. The very first documentation is a police report. Make sure the police are called. This documents the accident and provides confirmation of important information. You also must document your injury by having it treated. The medical provider will make a medical record of your injury. Finally documentation of the scene, the objects involved and your injuries if visible by photographs is critical.

For more infomation contact Anthony Castelli Cincinnati Car accident and personal injury trial attorney www.castellilaw.com

Cincinnati Workers Compensation Trap

2009-05-07T05:58:00.000-07:00

Recently a court of appeals decided a case in Ohio that has significant implications if you claim a workers compensation injury that was caused by the fault of a third party. In that case you not only have a workers compensation claim but also a claim against the person who caused your injury.

The trap comes about if workers compensation disputes you were injured in this event. If they find against you then the person who caused your injury may also be let off the hook. The reason is that the Court said that lack of injury has already been determined by the workers compensation board and this decision is allowed to be CONCLUSIVELY used against you in the third party case.

There are ways to fight this . But if you have two attorneys handling separate aspects of your case you may run into a problem of communication. That's why it may be important to hire an attorney versed in Ohio workers compensation law and who also handles personal injury claims.

This problem could easily come up if you were a driver for a company and were injured in a car accident while on the job thru the fault of another. SO BE Careful

I handle both Cincinnati Ohio workers compensation as well as personal injury cases. Feel free to call me for a free consultation.

by Anthony Castelli cincinnati personal injury trial attorney and certified specialist in Ohio workers compensation by the OSBA

Cincinnati Personal Injury Attorney Social Network Key

2009-04-24T13:35:00.000-07:00

Attorney Networking & Social Media for Personal Injury Lawyers

Probably until 60 days ago many Cincinnati attorneys have never heard of twitter. Or how about linkedin. Although many of you may know about facebook. But probably from you teenager or college student. These social networks are getting more and more media attention.

Everyone now seems to be jumping on the bandwagon from Oprah to Barbara Walters. Are these overhyped. I think the answer is yes. Is there value in having a presence there. I also think the answer is also yes.

However the biggest key to your presence is NOT to use them to sell yourself. Use them to engage people in intersting conversation. You can let them know what you do , but don't beat people over the head with it.

The analogy is that its like going to a party. You don't start handing out cards. You talk to people about current events, their interests , their family ; eventually the conversation gets around to what you do for a living. That's the way you should handle your twitter or facebook presnce.

However on linkedin there are multiple groups that are subjcet matter related such as the injury attorney referral group. So linkedin can be used a little differently. To me it is more of a place to make professional contacts.

Of course there still is nothing better than taking great care of your clients so that they serve as a referral source.

by Anthony Castelli Cincinnati personal injury trial attorney

Another Example Of Why We Need Personal Injury Trial Attorneys

2009-04-20T06:21:00.000-07:00

Personal Injury Attorney Battles Babcox and Wilcox Up until Two Days Before His Death

Attorney Fred Baron literally fought Babcock and Wilcox up to two days before he died of cancer. He literally fought with all his heart and life to right a giant wrong.

As a result Babcock & Wilcox has settled a 14-year-long lawsuit for $52.5 million for personal injury, wrongful death and property damage to 365 claimants from the Apollo and Parks area.

U.S. District Court Judge Donetta Ambrose, chief judge for the Western District of Pennsylvania, approved the settlement Friday.
The plaintiffs alleged that airborne radioactive emissions from the B&W plants in Apollo and/or Parks, caused cancer, deaths and other illness, as well as property damage.

The properties formerly were owned by Atlantic Richfield Co. and the Nuclear Materials and Equipment Corp. (NUMEC).
The companies operated the two plants in Armstrong County from 1957-86, producing nuclear fuel to power submarines and nuclear reactors, and other nuclear products.

B&W long has maintained that operations from its facilities in Armstrong County did not cause cancer, other illnesses and property damage.
The plaintiffs, though, have alleged the company and its predecessors ran sloppy operations and that its plant released radioactive emissions exceeding federal limits.

Because it was one of the longest running cases in the U.S. District Court of Western Pennsylvania, many of the plaintiffs and their lead attorney, Fred Baron, died while waiting for the case to conclude.
More than 40 percent of the 365 plaintiffs are the estates of people who died before and after the lawsuit was filed.

Paty Ameno, Leechburg environmental activist and plaintiff who contacted Baron to take on the case, was somber when speaking briefly yesterday about the settlement.

"It makes me feel sad that a lot of people who started out are not here -- including my champion and hero Fred Baron," Ameno said. "Fred literally fought on his death bed to make sure that the plaintiffs saw an end to this case."

Baron died of cancer in October. His Dallas firm, Baron and Blue -- which he shared with his wife, Lisa Blue — continued to work on the case.
Ameno yesterday declined to speak on specifics of the case, deferring to her attorneys at Baron and Blue.
Baron told the Valley News Dispatch in July 2007: "The case will never be dropped as long as I'm alive."

He took on the case for Apollo-area residents on a contingency basis. He won a landmark decision in federal court that awarded eight of the 200 plaintiffs $36.7 million in 1998.

Judge Ambrose, however, threw out the verdict and granted a new trail, citing errors in the admission of evidence.
Complicating matters, B&W declared bankruptcy, and the case was put on hold.

After the company emerged from bankruptcy, negotiations continued. Ambrose ordered two trials to examine whether uranium and plutonium caused cancer before there was a third trial addressing the plaintiffs' claims.

The additional trials ordered in 2007 likely would make the legal proceeding last for years to come, Baron said at that time.
After much negotiation, Baron hammered out a settlement with B&W co-defendant Atlantic Richfield for $27.5 million in February 2008.
According to those close to the case, Baron worked on the Apollo lawsuit up until two days before his death.

A court-appointed mediator for the settlement, the Honorable Daniel Weinstein, a retired San Francisco Superior Court judge, characterized the settlement reached Friday as resolving "a substantial litigation risk for very reasonable amounts."

Fred Baron was a hero to Ambrose residents. Although he ddi not live to see the final reult it would have not been possible without him.

Anthony Castelli is a Cincinnati Personal Injury trial Attorney Contact Anthony for a free consultation about your case 621-2345

Do You Really Want To Hire A Sole Practioner Instead of a Big Firm

2009-04-07T16:51:00.000-07:00

Do You Really Want to Hire A Cincinnati Personal Injury Sole Practitioner Attorney

The following is an article reprinted from Gerry Oginski's attorney blog with his permission. Gerry is a New York personal injury trial attorney. I have gotten to know Gerry through his articles, videos and personal emails. Based on the information he provides I would certainly seek him out to refer my clients to if I had a New York case

I do not do malpractice cases. Nor may I do every thing that Gerry talks about that he does, but his article gives you a great idea of the service a sole practioner can provide as compared to a large law firm. Do you want to be treated and cared for as an individual and have a bond with your attorney, or would you prefer to be client number 225. I think you will enjoy and learn from Gerry's article.

THEY LAUGHED WHEN I TOLD THEM I WAS USING A SOLO PRACTITIONER

A former client of mine related this story to me recently. It was only after I had settled her case did she tell me what her friends said shortly after she told them she hired a solo practitioner for her injury case.

"How can you hire a one-man law firm?" one of her friends asked."What happens if he gets sick?" asked another."How does he have the resources that a large firm has?" said another good friend."What is it about him that made you choose him over the other law firms you looked into?"

The answers were revealing.She told her well-meaning friends that I was the only lawyer who provided information to her before she ever came into my office. None of the other law firms she spoke to would give her any information about cases like hers. In fact, out of five New York law firms she contacted, I was the only lawyer who actually got on the phone to talk to her. All the other calls were intercepted by receptionists who wanted to set up an appointment for her instead.

She explained to her friends that on my website I gave free reports about how medical malpractice cases work. This was new to her and the information was very helpful to understand how a case works. She was also grateful to learn how a lawyer actually evaluates a potential medical malpractice case in New York. Before looking at my website, she had preconceived ideas about what types of cases are accepted by injury and accident lawyers in New York. My reports helped her understand the procedure a lawyer must go through to determine whether someone has a valid case.

This woman explained to her friends that she had spoken to a paralegal at one of the big law firms in New York City about how they communicate with their clients. This is what she was told: "You'll meet an associate when you first come to us. They'll gather all the information about your case. Once we get your records and determine that you have a valid case, your matter will be assigned to a team of lawyers consisting of a senior trial lawyer, an associate and a paralegal." When she asked when she'd get to meet with the senior trial lawyer, she was told that only if her case went to trial would she meet with him. Otherwise she'd be dealing with the associate on day-to-day matters. The paralegal was very flip about how simple it was to get information from her and from the associate. "Don't worry, we know exactly what's going on with your case every day," was her comment.

When my soon-to-be client called this law firm later that day to ask the paralegal more questions, her conversation started out like this: "Thank you for calling _____ law firm. How may I direct your call?" "I'd like to speak to the paralegal I was speaking to earlier about a potential case." "Do you know her name?" "No." "Well, we have over 20 paralegals here. How do you spell your last name?""Never mind," she replied, frustrated with being unable to speak to the person she spoke to earlier.

Another law firm she spoke to refused to tell her anything over the phone. This is understandable since there are many legal dangers that arise if an attorney gives out legal advice over the telephone. First, there's no attorney-client relationship when someone calls with a question on the phone. Theoretically, anything that is discussed might be discoverable at a later time. Second, there are so many facts that may be missing that it would not be appropriate for a lawyer to give legal advice based on incomplete information. Ideally, the lawyer wants the person to come in, explain the problem, and then give the potential client an informed and educated decision based on their particular facts.

However, many attorneys refuse to discuss anything with a potential client until they walk in the door of their office. What this young woman found particularly helpful were the video tips on my video blog and my website that discuss different areas of medical malpractice, wrongful death and personal injury law. In my educational videos I offer useful general information to help a website visitor understand how the legal process works. In one video I explain in detail how a medical malpractice lawsuit works from start to finish. In another video I explain some of the interesting cases I have handled where I have obtained compensation for my clients who have been injured.

This woman also told her friends that she asked each law firm she called how often the lawyer communicates with her about updates on her case. These were the replies she received:"We send you a quarterly letter advising you what's going on with your case.""Oh, we don't send written updates. If you want to know what's happening, you have to call us. If we sent updates to all of our clients on a regular basis, we'd spend most of our day writing letters."When she came to my office, she was pleased to learn that I send written updates once a month. She also learned that I call my clients often and email them as well. She was even more surprised to learn that I answer my own phone often, and always promptly return my client's calls.

There's no paralegal in my office who asks "How do you spell your last name?" My paralegal knows who my clients are, and gets to know them well. There's no associate who has to ask another attorney, "What happened on that case the last time you went on a conference in court?" There's no running to the file or checking the computer to find out what last happened on your case, because in my office, I am the only one who handles your case, start to finish. I know exactly what is going on with your case at any time, because I am the only one who handles it. Not a paralegal. Not an associate. Not a junior partner. Just me; a solo practitioner who has been in practice in New York for twenty years.

This woman asked me during our first meeting "How can you compete with the big law firms in terms of legal research?" My answer shocked her. I told her I don't need a big law library with musty old law books. Everything I need is on my computer. Legal research is all computerized now. The solo practitioner has the same legal research capability as the largest law firm. I told her that if a case was beyond my reach and required resources that I simply did not have, I would never accept it and would refer the potential client to another law firm that did have the ability to handle it.

Importantly, I mentioned that if she felt the need to go to a large law firm in New York City and help pay for their fancy offices and beautiful mahogany furnishings and gorgeous floor-to-ceiling windows with offices looking out over the city, then by all means she should go there. However, I also told her that those beautiful offices don't win lawsuits. It is the attorney who occupies a particular office that wins cases. Regardless of whether that office is in Manhattan or Long Island.

"If you want to be another fish in the ocean, I'm sure you will be very happy with that law firm. If however you want to have personal attention every step of the way, then a small law firm is the one for you."I am pleased to say that this woman was extremely happy with her choice of attorneys. After she finished explaining her reasoning to her friends, you didn't hear any more laughing over her choice of attorney for her case. The only comments she heard were "You know, you're right." "I'm sorry I doubted your choice of lawyers." "I didn't realize there was such a difference between law firms.

Antony Castelli Cincinnati Personal Injury trial Attorney offers free consultations. He has educational videos that can be found at youtube at castellilaw. He offers a free Ohio Injury Victims Conumer Guide and free educational tips and articles on his web site http://www.castellilaw.com/ Call Tony at 621-2345. He will gladly take your call.

Cincinnati attorney Establishes Presence on Youtube with Educational legal videos

2009-03-28T19:49:00.000-07:00

Cincinnati Attorney Establishes Presence on Youtube

Anthony Castelli has placed educational videos at youtube. the actual web address is http://www.youtube.com/user/castellilaw.

So far he has produced videos on:

1. the contingency fee

2. Do you need an attorney in every case

3. How to hire a good personal injury attorney

4. The Insurance company dirty trick

Anthony also has a presence on facebook and invites you to join his fan page at http://tinyurl.com/castellilaw

I feel I can stay in contact with more people and spread the use of educational materials so injury and accident victims can learn about their rights and important issues in the law by being involved in these "social networks" I especially focus on Ohio law since that is where I am licensed.

As always you are invited to contact me for a free initial consultation at 513- 621-2345 or email me thru my web site http://www.castellilaw.com/

Jurors Using Twitter or Facebook

2009-03-23T14:47:00.000-07:00

Is There a Problem with Jurors using Twitter and Facebook ?

The issue has disrupted two recent cases in Arkansas and Pennsylvania. Defense attorneys in Philadelphia said Monday they plan to appeal the conviction of former State Sen. Vincent Fumo because a juror discussed the case on Facebook and Twitter.

In the Pennsylvania case, juror Eric Wuest (weest) put a posting on Facebook late Friday saying, "Stay tuned for a big announcement on Monday everyone!" His posting foreshadowed a verdict finding Fumo and a former aide guilty on all charges.Defense lawyers tried to have Wuest removed, but the judge wouldn't do so. He said he found the juror credible when he said no one outside the jury had influenced him . The defense attorneys said the tweets broke the rules against disclosure of jury deliberation.

In Arkansas a building materials company appealed a $12.6 million verdict, saying a juror's Twitter messages sent before and after the trial showed that he was biased against the company. The lawyers say tweets like "I just gave away twelve million dollars of somebody else's money" a "Oh nobody by Stoam its bad mojo" illustrate the juror was predisposed to a verdict that would impress his audience.

A recent search on Twitter for the term "jury duty" found dozens of people posting comments about jury duty, though most were general complaints, not discussions of what was happening in the jury room.

Lawyers are paying more and more attention to social-media updates, so it's likely we've not heard the last of the silly Twitter-based legal maneuver. But it's not just the information-spreading that's got lawyers and judges worried, it's also juries looking up info on their phones during trials.

In a drug trial in Florida, a judge declared a mistrial after learning that 8 jurors had accessed online information on their mobile phones during a trial. A cornerstone of the US' adversarial legal system is that juries can only consider the evidence that's presented to them, and jurors looking information up on their own breaks the longstanding rules of evidence of the system. It's not as if the legal system is under threat from technology, but certainly expect to see plenty more stories along these lines in the near future .

At every trial the judge tells the jurors not to do their own independant investigation. As the case is supposed to be based on the evidence presented in the Courtroom. My sense is that jurors will be offended but the ultimate resolution is no cell phones in the courtroom. of course that does not prevent a juror from tweeting at home or searching the internet.

However as a trial attorney I find that 99.9 % of the jurors try to do the right thing and follow the Judges instructions.

By Anthony Castelli Cincinnati personal injury trial attorney http://www.castellilaw.com

The Two Biggest Mistakes Personal Injury victims Make

2009-03-15T11:06:00.000-07:00

Personal Injury Victims Make Two Big Mistakes

If you are injured as a result of another I have seen two mistakes often made .

#1 Accepting too little for your injury

#2 Wanting too much for your injury

1. People can accept too little for their injury when they represent themselves or have an attorney who will not go to trial. This is not always the case in every situation , but there are reasons for this. If you represent yourself you really do not know what your case is worth. You are at the mercy of what the insurance company tellls you. They will often tell you not to hire an attorney. Why, so you have to take what they offer you. The insurance research council did a study that showed that people represented by attorney on average end up with more.

Also if you hire an attorney who will not go to court then you are still in the same situation . You are stuck taking what the insurance company offers.

2. Some people want to much for their injury. They have no idea what their case is worth , but feel that since they have been harmed and inconvenienced insurance should pay and pay them a lot. Experienced personal injury attorneys can look at jury verdict research and their own cases and come up with an estimate or range of what the case may be worth. This is an art and not a science. However studies have shown that more people that go to trial end up with less than they would have settled for prior to trial. This again comes from jury verdict research and studies. Now some people are encouraged by their attorney , but many seek a large verdict over the advice of their attorney and end up with less than the settlement offer.

The moral of the story is you got to know when to holdem and know when to foldem. You have to try to set emotion aside and look at the value of your personal injury case as a business decision. If you have a significant case hire a good personal injury attorney who has been to trial and is willing to go to trial if you get a lowball offer. By the same token, if you hire an experienced and seasoned personal injury trail attorney listen to their advice if they tell you a fair settlement has been offered.

by Anthony Castelli Cincinnati personal injury trial lawyer

Attorneys Keep Federal Regulators from foreclosing Personal Imnjury suits under State law

2009-03-05T06:19:00.000-08:00

The Washington Post (3/5, A2, Barnes) reports, "The 6 to 3 vote in the court's most anticipated business decision of the term was a rejection of Bush administration policy and a major setback to pharmaceutical companies, which face thousands of lawsuits in state courts from patients who allege that drugs have harmed them."
The AP (3/5) reports, "The Supreme Court" upheld "a $6.7 million jury award to a musician who lost her arm to gangrene following an injection." The plaintiff, "Diana Levine of Vermont once played the guitar and piano professionally" and "her right arm was amputated after she was injected with Phenergan, an anti-nausea medicine made by Wyeth Pharmaceuticals, using a method that brings rapid relief, but with grievous risks if improperly administered." There were many other outlets that covered the Wyeth ruling.

To sum up, Levine, a guitarist, suffered from migraines and often received an injection at a nearby clinic of Phenergan in her backside to treat related nausea symptoms. But on one tragic visit in 2000, instead of giving her a shot in the butt, the physician's assistant attempted to inject the drug directly into a vein in her arm using an alternative approved method called intravenous push.The worker accidentally injected the drug into Levine's artery instead of a vein, which has the potential to cause a spasm in the artery, reducing the blood supply and sometimes leading to gangrene. Indeed, the right-handed musician rapidly developed an infection in her right hand and forearm, and doctors were forced to amputate the blackened limb in two stages.Although the packaging was approved by the Food and Drug Administration and described the risks of Phenergan, Levine's lawyers argued that the warning against IV-push should have been stronger. A Vermont jury awarded Levine $6.7 million in damages, and the Vermont Supreme Court upheld the decision in 2006. But Wyeth appealed to the U.S. Supreme Court, which has now weighed in, putting the matter to rest.The three justices who ruled against Levine were John Roberts, Antonin Scalia, and Samuel Alito, Jr., who penned the dissenting opinion. "[I]t is odd (to say the least) that a jury in Vermont can now order for Phenergan what the FDA has chosen not to order for mustard gas," Alito wrote -- referring to the highly toxic but powerful chemical that, despite the significant risk, can be administered via IV push as an anticancer drug.

This was a bittersweet victory for Levine as she much rather would have had her arm and her happy life style back. But at least the money will go to help her make up for what has been lost.

Cincinnati Car Accident Attorneys free consultation

2009-02-22T00:44:00.000-08:00

If you have been injured in a car accident in Cincinnati you may be wondering what will happen. The first thing is that eventually the insurance company for the person that caused the car accident will call you. They will want to record a statement from you. Be very careful because this statement could later be used against you.

Some Cincinnati car accident attorneys offer fre initial consultations. In my humble opinion it would be a good idea to talk with an experienced Cincinnati car accident attorney before you say something to the insurance company that could hurt your right to recover for your personal injury.

I welcome you to call me for a free consultation. After speaking with me , if you decide to hire me as your Cincinnati car accident lawyeer you won't have to speak to the insurance company. I will do that for you. That way nothing can be used against you. That way you do not have to fight in the dark by yourself a loosing battle. That way you have an experienced Cincinnati car accident attorney fighting fot justice for you , so that you get everything you are entitled for your car accident injury.

by Anthony Castelli Cincinnati Car accident attorneys

Personal injury Trial Attorneys Needed to Protect your rights

2009-02-19T06:42:00.000-08:00

Personal Injury Trial Attorneys are needed to protect the rights of injury victims. Nothing makes this point clearer than the recent outbreak of Salmonella from tainted peanuts. This is a company that was supposed to be watched by the FDA. So how did they knowingingly ship out contaminated peanuts?

Many circles want to limit trial attorneys abilty to recover for their victims. Many circles want to limit damages. But who will stop these downright meanspirited companies that visit damage on unknowing citizens just for the almighty buck. So its up to the trial attorneys to get justice for their victims. Its up to the trial attorneys to make the wrongdoers pay.

Sure goverment has some oversite responsibilities, but that should not preclude prive individuals form seeking their own justice with the help of the personal injury trial attorneys.

by Anthony Castelli attorney www.castellilaw.com

Car Accident Attorneys Advice on your Auto Insurance

2009-02-17T05:44:00.000-08:00

A recent article in the Cincinnati Enquirer noted that because of the poor economic times people are driving without insurance. First of all this is agaisnt the law. If you are involved in an accident your license will be suspended. But what if you are in a car accident where the other driver is at fault and they have no insurance. Do you know if your policy protects you.

If you have uninsured/underinsured motorist coverage you will be able to recover compensation from your own insurance company for your injuries. This is an optional coverage so make sure you ask your agent for it. At least request $100,000.00 of coverage. That way if you are hurt by an uninsured driver you can collect up to $100,000.00

But what if the other driver has insurance but it it the state minimum of $12,500 per person. Then you would be entitled to make a claim of up to $87,5000.

Also with regard to the damage to your car, your comprehensive coverage will protect you if its the other person fault. If it is your fault your collision coverage will pay for your car to be fixed.

Feel free to call me if you have any questions about your coverages.
Anthony Castelli www.castellilaw.com

Cincinnati Attorneys Settles Car accident

2009-02-15T21:50:00.000-08:00

Anthony Castelli a greater Cincinnati attorney recently settled a car accident injury claim for $300,000. The settlement occured at mediation after suit was filed and extensive discovery. The plaintiff was a 44 year old woman who was injured in an intesectional collision. She had neck and low back complaints. In addition she had some glass imbedded in her ear.

There were approximately $100,000 in medical bills. She had fusion surgery to her neck with a good result. The defendant alleged that she had prexisting arthritis in her neck and back which was undisputed. However she never had any previous treatment.

This case is measured soley on its own merit. Each case is different. In some situations this settlemt could be either higher or lower. And a jury could have awarded more or less.

There are many factors that go into valuing compensation for an injury. If you have a serious car accident injury you should consult with an experienced personal injury attorney that can help you decide and maximize the value of your case.

by Anthoy Castelli . Mr Castelli would be pleased to give you a free consultation to determine if yours is a case that he would be willing to take on.

Cincinnati Attorney Alerts Beware of Peanut Butter

2009-01-28T08:47:00.000-08:00

The American Association For Justice reported on the following

In a story that appears on its front page, the Washington Post (1/28, A1, Layton) reports, "The Georgia peanut plant linked to a salmonella outbreak that has killed eight people and sickened 500 more across the country knowingly shipped out contaminated peanut butter 12 times in the past two years, federal officials said yesterday." FDA officials and "the Centers for Disease Control and Prevention, which have been investigating the outbreak of salmonella illness, said yesterday that Peanut Corporation of America found salmonella in internal tests a dozen times in 2007 and 2008 but sold the products anyway, sometimes after getting a negative finding from a different laboratory."

The AP (1/28, Alonso-Zaldivar) reports, "The Georgia peanut processing plant that's the epicenter of a national salmonella outbreak had a history of problems it failed to correct, federal health officials said Tuesday." Dr. Robert Tauxe of the U.S. Centers for Disease Control and Prevention said, "There is certainly a salmonella problem in the plant."

ABC World News (1/27, story 4, 0:25, Gibson) reported, "Internal records at a Peanut Corporation of America plant in Georgia show the company's own inspectors found a dozen instances of some type of salmonella in their plant over the past two years.

Peanut butter not considered serious risk for salmonella, inspections may have had gaps. The AP (1/28, Brumback) reports, "Food regulators didn't consider salmonella a threat to most peanut products before they traced an outbreak to a peanut butter plant in Georgia two years ago" and "officials in the nation's top peanut-producing state promptly began checking for the bacteria during routine inspections, and everything went fine for about a year." However, "this month, investigators zeroed in on another Georgia plant while probing a second bout of salmonella that began in the fall and has sickened some 500 people in 43 states, and may have contributed to at least eight deaths."

Food testing process described as complex, expensive, and time-consuming. An AP (1/28) report running over 1,000 words looks at the challenges faced by food inspectors, finding a "costly and time-consuming...inspection process...that already suffers from a lack of manpower and transparency, and from uncertainty over how much testing is enough." There is currently "no federal law that mandates the number of inspections that must be carried out each year at peanut processing facilities." The FDA "contracts with states to perform inspections but allows them broad discretion when it comes to how they do them," only asking the states "to base the frequency and nature of inspections on how risky a food is considered, giving priority to high-risk foods." The whole process is "costly," said Mike Doyle of the University of Georgia's Center for Food Safety, adding, "Companies have to be practical about it, as well as making sure they are providing the best possible protection for the consumer."

Family sues for wrongful death over salmonella poisoning. The AP (1/28, Fredrix) reports, "The relatives of a 72-year-old woman whose death may be linked to the widespread peanut butter salmonella outbreak have sued the operators of a Georgia peanut butter plant and an Ohio distributor saying their negligence caused her death." The lawsuit alleges that "her death was a direct result of eating peanut putter infected by a salmonella strain linked to the nationwide outbreak."

Anthony Castelli Cincinnat, Ohio Accident and Injury Lawyer

www.castellilaw

Cincinnati Workers Compensation And Social Security Attorney

2009-01-24T22:46:00.000-08:00

The Social Security Administration (SSA) defines disability as incapacity inability to work due to a mental or physical condition. If you are going to claim your Social Security Disability benefits, you must have a legitimate disability, which keeps you from physically returning to work for at term of at least 12 months.

Do you or someone you know need information about Social Security disability eligibility? Contact an attorney in your area to determine your Social Security disability eligibility today!

Some of the more common reasons that you may need to apply for disability include:

Mental health - Bi polar disorder, depression, substance abuse
Chronic Pain - Back injuries, Fibromyalgia, and Carpal Tunnel Syndrome
Vision Impairment - Myopia, Hyperopia
Other problems may include:

Breathing disorders
Heart disease
Blood disease
Kidney disease
If you have been working for an eligible and qualified employer and for the required amount of time, you should be covered under the provisions of the Social Security Act. If you meet these Social Security Disability Eligibility requirements, you should qualify to claim social security disability benefits.

However, even if you have never worked, or have not worked very much you may qualify forr ssi benefits if you have no money and are diabled.

To determine social security disability eligibility, you must have a licensed practicing physician confirm and state that you are medically unable to work based on the supporting facts surrounding your disability. The difficulty is that that there are many conditions which may be disabling yet are hard to prove through objective testing. In these situations, the responsibility and burden of proof falls upon the legal representative of the disabled person to prove to the SSA that his/her client’s case is legitimate and their client has a legal right to social security disability benefits.

Do you or someone you know need information about Social Security disability eligibility? Contact an attorney in your area to determine your Social Security disability eligibility today!

Anthony castelli cincinnati lawyer can help http://www.castellilaw.com/TOCSocialSecurityDisability.html

New Linkedin Group For Ohio Lawyers- The Ohio Lawyers Network

2009-01-20T15:42:00.000-08:00

I would like to invite you to join a new group on LinkedIn. It's the Ohio Lawyers Network. The purpose is to provide support, either personally or professionally, to any lawyer licensed to practice law in Ohio. You can ask questions or share information on anything that you need help with or that can be helpful to any member .

You need to sign up to become a member at linkedin.It costs you nothing and membership to the group costs nothing. Then you need to go to groups and search for Ohio Lawyers Network. Then just request to join. We welcome all Ohio lawyers and law students that want to become Ohio Lawyers.

Anthony Castelli Attorney

Ohio Workers Compensation Benefits For Injured Workers

2009-01-18T08:25:00.000-08:00

Cincinnati Workers compensation Blog by Cincinnati Attorney

Many times injured workers do not know the full extent of their benefits. Often they want to sue their employer. An employee normally can not sue their employer unless the employer intended to hurt them. However there are many benefits available to the injured worker. But injured workers need to be careful because often no one tells them what benefits they are entitled to.

In Ohio Lawyers can become certified as specialists in Ohio worker's compensation.
Employees can seek the help of these attorneys normally on a contingency fee basis so that they do not have to fight the system by themselves in the dark.

I have listed below the benefits available, in addition to payment of medical bills and prescription medications.

Compensation Types

BWC offers a variety of compensation types. If your claim has been allowed you may qualify for compensation even if you have not lost time from work as a result of your injury. Some of the types of compensation are:

Temporary Total Compensation (TT)
TT compensation is provided to compensate an injured worker who is totally disabled from work on a temporary basis or a short period of time due to the work related injury or occupational disease. TT is generally the initial award of compensation paid to an injured worker to compensate for lost wages. Be careful because they will try to cut you off of this award even if you can not go back to your regular job.

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Percentage of Permanent Partial Award (%PP)
A certain amount of permanent damage (called residual damage) may remain as a result of the injury. %PP is commonly referred to as C-92 awards and is compensation awarded for residual impairment resulting from an allowed injury or occupational disease according to ORC 4123.57. For example, if an injured worker sustains a broken arm and can no longer extend it to the full degree, he would be eligible for an award based upon the residual loss. The permanent impairment may be physical, psychological or psychiatric.

%PP is not payable for any psychiatric condition(s) unless there is an allowed accompanying medical condition in the claim. C-92/C-92A awards are based on medical information and the findings of the exam/review. The C-92/C-92A determination is supported by an independent exam and the examining physician will not contact the injured worker’s doctor/provider of record for medical information. It is important to note that the initial award for permanent partial can be challenged and increased. The BWC initially only awards the amount their doctor specifies. An attorney specialist can have you evaluated by Doctors wgo specialize in evaluations and can often have this award increased.

Scheduled Loss (SL)
A certain amount of permanent damage (called residual damage) may remain as a result of the injury. A scheduled loss (formerly known as a permanent partial) award encompasses amputations and loss of use, including vision and hearing. A scheduled loss award is based on the loss suffered by the injured worker prior to treatment, not on the injured worker’s condition after treatment.

A scheduled loss award does not have to be requested on a Motion (C-86). A SL award can be requested on the First Report of Injury or identified during the initial claim investigation. Compensation for this type of award is based upon the nature of the injury as well as the year that the injury occurred.

BWC or the self-insuring employer will pay all initial awards of Scheduled Loss (SL) compensation under ORC 4123.57(B) . This includes payment of all scheduled losses (amputations), loss of use, ankylosis, loss of vision and total loss of hearing. These awards are commonly referred to as "Paragraph B" awards.

Permanent Total Disability (PTD)
Permanent Total Disability (PTD) is the injured worker’s inability to perform sustained remunerative employment due to the allowed condition(s) in the claim. The purpose of PTD benefits is to compensate the injured worker for impairment of earning capacity. Compensation for PTD is payable for life. When an injured worker applies for permanent total disability, he/she must attend an Industrial Commission examination and hearing to determine if he/she meets the eligibility criteria for this type of compensation.

Disabled Workers’ Relief Benefits (DWRF)
Disabled Workers’ Relief Fund (DWRF) is a separate supplemental fund established to provide relief to an injured worker who is receiving permanent total disability (PTD) compensation benefits by raising the cost of living level.

Change of Occupation (COA)
Injured workers who have contracted silicosis, coal miners’ pneumoconiosis or asbestosis may be entitled to a change of occupation award according to ORC 4123.57(D). These injured workers have been medically advised that a change of occupation is recommended in order to substantially decrease further exposure to silica dust, asbestos or coal dust.

Firefighters and police officers who have contracted a cardiovascular and pulmonary disease as defined in ORC 4123.68 may be entitled to a change of occupation award according to ORC 4123.57(E). These injured workers have been medically advised to change their occupation in order to substantially decrease further exposure to smoke, toxic gases, chemical fumes and other toxic vapors.

Wage Loss (WL)
Wage Loss compensation may be paid to an injured worker (IW) that suffers a reduction in earnings as a direct result of restrictions from the allowed conditions in the claim. Wage loss is payable in claims with a date of injury or diagnosis on or after Aug. 22, 1986.

Two conditions must be met to be eligible for WL.

A loss or decrease in wages exists.
The wage loss is a direct result of the restrictions caused by the allowed conditions in the claim.
There are two types of wage loss benefits that may be considered in a claim.
Working Wage Loss (WWL)
This is payable when the IW returns to employment other than his or her former position of employment. This would include return to work with the employer of record or a new employer with different job duties, less hours and less pay resulting from the physical restrictions.
Non-Working Wage Loss (NWWL)
This is payable when the IW is unable to find suitable employment. In order to qualify for NWWL the injured worker must demonstrate that he/she is making a good faith effort to secure employment within his/her physical restrictions.

Living Maintenance Wage Loss (LMWL)
LMWL may be paid to an injured worker with a date of injury on or after Aug. 22, 1986. The injured worker must have completed a rehabilitation plan and continues to have physical restrictions and experiences a wage loss upon return to work.

Living Maintenance (LM)
A type of compensation paid to an injured worker while they are actively participating in an approved rehabilitation plan. This section in the MCO Policy Reference Guide information about living maintenance (LM) payments which are provided to the injured worker in place of temporary total compensation when participating in a vocational rehabilitation plan. This information also includes information about suspending and terminating LM. When an injured worker is actively participating in a vocational rehabilitation plan, he or she shall receive living maintenance payments in place of temporary total compensation (OAC 4123-18-04 ).

ORC 4121.63 states that BWC will issue this compensation for a period not to exceed six months in the aggregate, unless BWC’s review reveals the injured worker will benefit by an extension. The CST can issue living maintenance upon receipt of the vocational rehabilitation agreement and plan.

Death Claims
A dependent's right to death benefits does not begin until after the death of the worker. If the decedent settled a workers compensation claim prior to their death, this will not stop the dependent's right to file a claim for death benefits. A death claim is filed by the dependents of an injured worker (IW) who died as a result of an industrial injury or occupational disease. Dependent death benefits will be based on the level of dependency or support each dependent had while the worker was living.

Death benefits can be divided into two categories. The first is when death results instantaneously as a result of an injury. The second is when death is not an instantaneous but a proximate result of an injury or occupational disease.

A managed care organization (MCO) can also report the death due to injury or disease by filing the claim via External Data Interchange (EDI).

Claims alleging that death is the result of an injury or occupational disease must be filed within two years of the date of death according to OAC 4123-3-08(D)(6)and ORC 4123.85.

Violation of Specific Safety Requirement (VSSR)
No employer will violate a specific workplace safety requirement established by legislation or BWC. The injured worker (IW) or dependent, (when there has been a fatality) may file an application for a Violation of Specific Safety Requirements (VSSR) award if there is evidence that a violation has or may have occurred from the failure of the employer to comply with a specific safety requirement. Ohio Constitution Article II 35, ORC4121.47(A), OAC 4123-3-20.

Lump Sum Settlement (LSS)
Per Ohio Revised Code (ORC) 4123.65, a settlement can be initiated only by the injured worker/injured worker representative, employer/employer representative or BWC. The managed care organization (MCO) is not a party to the settlement; therefore, the MCO may not initiate nor advise the IW to settle their case. However, an MCO may identify potential candidates for pursuit of settlement based on treatment patterns/trends.

The Settlement Agreement and Application of Settlement Agreement (C-240) is to be used by the injured worker or employer for the settlement of state fund claims. The purpose of this application is to document the agreement to the terms and conditions of the settlement. If you employer is self-insured, the settlement application should be filed on a SI-42 and be submitted to the SI employer.

If you would like more information in regard to settlements, contact an attorney certified as a specialist in ohio workers Compensation law, so you don't settle cheap.

Lump Sum Advancement (LSA)
A Lump Sum Advancement (LSA) is the prepayment of future compensation. Advancement applications will be reviewed for meeting financial relief and rehabilitation purposes only. Advancements may be requested by injured workers or dependents (in case of death) who are currently receiving Permanent Total Disability, Scheduled Loss or Death Benefits. Lump Sum Advancements may be requested on the following applications: IC-32, IC-32A and OIC-3016.

Requests for financial relief, such as household bills, estimates of emergency repairs or purchases, school tuition, handicap lift installed in an existing or new van, etc. must have supporting documentation attached to the application. Determination of attorney fees remains with the Industrial Commission (IC). All requests for advancement of attorney fees should be forwarded to the IC. After determination, the IC returns the request to the assigned BWC claims service specialist for processing.

by Anthony Castelli Attorney a certified specialst in Ohio Workers Compensation law . For more information go to his web site www.castellilaw.com/Workers-Compensation.html

Cincinnati Injury & Workers Compensation Attorney Blogs

2009-01-16T16:51:00.000-08:00

The Hidden Ohio Workers Compensation Benefit

If you got hurt while working in Ohio you are entitled to workers compensation benefits. Most people know that their bills should be paid and while they are off work they should get paid. But many people do not know about an award that could pay $2000 or more if you have an injury that causes a permanent impairment. Additionally this award can be increased if you know how. Most workers compensation attorneys will know how to get this award and will take their fee only out of the award.

An Ohio workers compensation specialist, certified by the Ohio State bar Association, should be able to tell you if you are entitled to this award. They will also know how to maximize this award.

If you would like further information or like to pursue this award call me at 621-2345 and I'll gladly give you a free consultation to see if I can get you money you are missing out on.

Anthony Castelli certified by the Ohio State bar association as a specialsit in Ohuo workers compensation www.castellilaw.com

http://www.castellilaw.com/blog.html

This post can also be found at cincinnati.com where Anthony Castelli has a blog

Great American Insurance Co Not so Great

2009-01-11T19:53:00.000-08:00

Great American Insurance Company has given new meaning to the term "smoke screen."

Earlier this week, the Houston Chronicle's Mary Flood reported that the Cincinnati-based insurer asked a federal court judge to help it avoid a potential $25 million liability in a Houston office fire last year that killed three people. Vocational nurse Misty Ann Weaver lit the fire to hide the fact that she hadn't met a paperwork deadline.

Now Great American officials are trying to deny insuring responsibility in the deaths, which isn't as shocking as the legal argument they're trying to employ.

The company argued in a federal court brief that the families of the fire victims shouldn't be compensated for their losses since the deaths were caused by smoke inhalation instead of actual flames. the company argued in a federal court brief.

The smoke, Great American maintains, is really "pollution," which is excluded from coverage in the policy. For the record, the policy's "pollution exclusion" also mentions deaths due to fumes and soot.

The argument is akin to denying a wind damage claim for a house flattened by a hurricane because water lapped up on the porch first. We hear a lot about the unscrupulous doings of plaintiff's attorneys these days. Here's an example of an insurance company seeking to add insult to tragedy.

The fact is, where there's fire, there's smoke. Rick Flanagan, executive assistant chief at the Houston Fire Department, told me at least 80 percent of the city's annual fire deaths are due to smoke inhalation.

And "fire, lightning and debris removal" were the No. 1 causes for homeowners' insured losses nationwide at nearly 35 percent in 2006, the most recent year for which statistics were available from the New York-based Insurance Information Institute. Meanwhile, insured fire losses made up 21 percent of commercial claims in 2007, according to the institute.

In 2004, the Supreme Court of Connecticut ruled that smoke that killed children in a house fire didn't qualify for the "pollution exclusion" and forced Allstate to pay the claim, said Tom Baker, an insurance law expert at the University of Pennsylvania Law School. In that case, however, the word "smoke" wasn't explicitly mentioned in the "pollution exclusion" like it is in the Great American policy, Baker said.

The Kansas Supreme Court came to a similar decision in 1997, ruling that a pollution exclusion in a Northwestern Pacific Indemnity Company policy wouldn't help it avoid liability in fire losses suffered by a group of grocers.

In a brief stemming from that case, a plaintiff's attorney accused NPIC of "unmitigated audacity" to insist on a literal interpretation of the policy. "Do you really believe," the brief states, "someone would buy an insurance policy which covers flame damage, but not damage caused by the smoke generated from a flame?"

Common sense leads you to one answer. Greed leads to another. "In the kind of gladiator idea of litigation, it's anything you can do until the Supreme Court of Texas says you can't," said Baker.

He says property insurance basically originated centuries ago with fire insurance. And the "pollution exclusion" originated after oil spills in the 1970s. It was intended — surprise — to apply to real pollution and, for example, corporations whose actions led to scandalous pollution events.

The temptation to employ it to avoid responsibility was apparently too tempting for some companies. Even Great American, an operation that traces its roots back to 1872, and claims on its Web site to be a "trusted" specialty insurance partner whose employees "are expected to conduct themselves with integrity in a legal, ethical and moral manner."

What's ethical and moral about not honoring fire insurance claims unless the victims literally burn to death? For the sake of every property insurance policyholder in Texas, let's hope it's an argument U.S. District Judge Lee Rosenthal doesn't hesitate to stamp out.

So when you here about lawsuit abuse by folks injured or unscrupulous attorneys, think about what insurance companies , one based right here in Cincinnati , our hometown, are trying to get away with. Carl Linder- you should be ashamed.

By Anthony Castelli www.castellilaw.com Call today for a free consultation

Your Car Accident Case Beware of the Insurance company

2008-12-25T18:16:00.000-08:00

Probably every attorney that focuses on personal injury cases has at least one horror story to tell. Although the insurance company may change the theme is the same. Injury victims signing a release for well less than what their case is worth and wanting to get out of it. Below is a link to a great California accident and motorcycle attorney that tells the sad tale.

http://www.bikerlawblog.com/index/don_t_be_a_fool_if_you_have_are_involved#comments

What Do Car Accident Attorneys Do Why Hire one

2008-12-25T10:30:00.000-08:00

You have been in a car accident and were hurt. Why hire an attorney experienced in car accident injuries you ask. Especially now that you have already talked with the insurance adjustor and they have told you not to call one, since the attorney will take 1/3 of your recovery.

Let me ask you these questions and by answering them you can decide.

Do you know what amount of money is unfair in your case?

Do you want to collect all the evidence?

Would you prefer the insurance company to get whatever medical records they want and talk to your doctors behind your back?

Would you like incorrect or inadequate information given out from your medical providers without it being corrected?

Do you want to make critical mistakes that lessen the value of your case?

Do you want to negotiate your case from weakness with no alternative but to take what the insurance company offers since you will have no one to fight for you and file a law suit if necessary

When the insurance company offers you an amount and says that's all you get do you want to be stuck taking it?

Do you want to do all the leg work yourself without even knowing what is important?

Do you want to rely on the insurance company for advice when their interests is to pay you as little as possible.

Do you want to spend hours on the legal aspects of your case.

Do you want to wait weeks to have the adjustor call you back.

Do you want to wait too long to settle your case and file suit and loose everything.

Do you want to document all of your medical bills , medical records and all your injuries completely and precisely.

Do you want to collect all the benefits you are entitled.

Hopefully in life you get what you pay for. Normally car accident attorneys work on a contingent fee. So the good ones are results oriented. The more they get for you the more they get for themselves. Not every case merits a good car accident attorney. Some cases are just too small with very little injury , so there is very little compensation to obtain with or without an attorney.

The important thing is to hire a good experienced car accident attorny, one that is willing to go to trial if necessary, and the insurance company knows this. In my opinion that is the best way to ensure you get full and complete compensation.

by Anthony castelli cincinnati accident and injury www.castellilaw.com

Ten Worst Insurance Companies Revealed

2008-12-21T08:28:00.000-08:00

If you have a claim with one of these insurance companies the American Association for Justice gives the opinion that these ten insurance companies are the most difficult to deal with. I have reprinted excerpts from the report they published.

Of course if your claim is with another insurance company you still may have a difficult time getting a fair offer.

The Ten Worst Insurance Companies in America

How They Raise Premiums, Deny Claims, and Refuse Insurance to Those Who Need it Most

To identify the worst insurance companies for consumers,
researchers at the American Association for Justice (AAJ)
undertook a comprehensive investigation of thousands of
court documents, SEC and FBI records, state insurance
department investigations and complaints, news accounts
from across the country, and the testimony and depositions
of former insurance agents and adjusters. Our final
list includes companies across a range of different insurance
fields, including homeowners and auto insurers,
health insurers, life insurers, and disability insurers.

Allstate—The Worst Insurance Company

One company stood out above all others. Allstate’s concerted
efforts to put profits over policyholders has earned
its place as the worst insurance company in America.
According to CEO Thomas Wilson, Allstate’s mission is
clear: “our obligation is to earn a return for our shareholders.”
Unfortunately, that dedication to shareholders
has come at the expense of policyholders.

The company that publicly touts its “good hands” approach privately
instructs agents to employ a “boxing gloves” strategy
against its own policyholders.1 In the words of former
Allstate adjuster Jo Ann Katzman, “We were told to lie by
our supervisors—it’s tough to look at people and know
you’re lying.”

The Insurance Industry’s Wealth

• The insurance industry has so much excess cash it may
spark a downturn in the industry. According to analysts
at Standards & Poor’s, U.S. insurers are sitting on
too much capital, and will likely endure at least three
years of negative performance as a result.

The Ten Worst Insurance companies

1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. WellPoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual

• The U.S. insurance industry takes in over $1 trillion in
premiums annually.3 It has $3.8 trillion in assets, more
than the GDPs of all but two countries in the world
(United States and Japan).

• Over the last 10 years, the property/casualty insurance
industry has enjoyed average profits of over $30 billion
a year. The life and health side of the insurance industry
has averaged another $30 billion.

• The CEOs of the top 10 property/casualty firms earned
an average $8.9 million in 2007. The CEOs of the top
10 life and health insurance companies earned even
more—an average $9.1 million. And for the entire
industry, the median insurance CEO’s cash compensation
still leads all industries at $1.6 million per year.

Profits Over Policyholders

But some companies have discovered that they can make
more money by simply paying out less. As a senior executive
at the National Association of Insurance
Commissioners (NAIC), the group representing those
who are supposed to oversee the industry, said, “The bottom
line is that insurance companies make money when
they don’t pay claims.”

One example is Ethel Adams, a 60-year-old woman left
in a coma and seriously injured after a multi-vehicle crash
in Washington State. Her insurance company, Farmers,
decided the other driver had acted intentionally and
denied her claim, contending that an intentional act is
not an accident. Another example is Debra Potter, who
for years sold Unum’s disability policies until she herself
became disabled and had to stop working. All along,
Potter thought she was helping people protect their
future, but when her own time of need came, she was
told her multiple sclerosis was “self reported” and her
claim denied—by Unum, the very company whose policies she has sold.

In cases like these, and countless others, the name of
the game is deny, delay, defend—do anything, in fact, to
avoid paying claims. For companies like Allstate, there are
corporate training manuals explaining how to avoid payments,
portable fridges awarded to adjusters who deny the
most claims, and pizza for parties to shred documents.

ALLSTATE

CEO: Thomas Wilson
2007 compensation $10.7 million
(predecessor Edward Liddy made
$18.8 million in compensation and an
additional $25.4 million in retirement
benefits)
HQ: Northbrook, IL
Profits: $4.6 billion (2007)
Assets: $156.4 billion

There is no greater poster child for insurance industry
greed than Allstate. According to CEO Thomas Wilson,
Allstate’s mission is clear: “our obligation is to earn a
return for our shareholders.”9 Unfortunately, that dedication
to shareholders has come at a price. According to
investigations and documents Allstate was forced to
make public, the company systematically placed profits
over its own policyholders. The company that publicly
touts its “good hands” approach privately instructs
agents to employ a hardball “boxing gloves” strategy against its own policyholders.

Allstate’s confrontational attitude towards its own policyholders
was the brain child of consulting giant McKinsey
& Co. in the mid-1990s.McKinsey was tasked with developing
a way to boost Allstate’s bottom line.11 McKinsey
recommended Allstate focus on reducing the amount of
money it paid in claims, whether or not they were valid.
When it adopted these recommendations, Allstate made a
deliberate decision to start putting profits over policyholders.
The company essentially uses a combination of lowball
offers and hardball litigation.When policyholders file a
claim, they are often offered an unjustifiably low payment
for their injuries, generated by Allstate using secretive
claim-evaluation software called Colossus. Those that
accept the lowballed settlements are treated with “good
hands” but may be left with less money than they need to
cover medical bills and lost wages. Those that do not settle
frequently get the “boxing gloves”: an aggressive litigation
strategy that aims to deny the claim at any cost.

Former Allstate employees call it the “three Ds”: deny,
delay, and defend. One particular powerpoint slide
McKinsey prepared for Allstate featured an alligator and
the caption “sit and wait”—emphasizing that delaying
claims will increase the likelihood that the claimant gives
up. According to former Allstate agent Shannon Kmatz,
this would make claims “so expensive and so time consuming
that lawyers would start refusing to help clients."

Former Allstate adjusters say they were rewarded for
keeping claims payments low, even if they had to deceive
their customers. Adjusters who tried to deny fire claims by
blaming arson were rewarded with portable fridges,
according to former Allstate adjuster Jo Ann Katzman.

“We were told to lie by our supervisors. It’s tough to look
at people and know you’re lying.”14
Complaints filed against Allstate are greater than
almost all of its major competitors, according to data collected
by the NAIC.15 In Maryland, regulators imposed the
largest fine in state history on Allstate for raising premiums
and changing policies without notifying policyholders.
Allstate ultimately paid $18.6 million to Maryland
consumers for the violations.16 In Texas earlier this year,
Allstate agreed to pay more than $70 million after insurance
regulators found the company had been overcharging
homeowners throughout the state.

After Hurricane Katrina, the Louisiana Department of
Insurance received more complaints against Allstate—
1,200—than any other insurance company, and nearly
twice as many as the approximately 700 it received about
State Farm—despite the fact that its rival had a bigger
share of the homeowners market.

Similarly, in 2003, a series of wildfires devastated
Southern California, destroying over 2,000 homes near
San Diego alone and killing 15 people. State insurance
regulators received over 600 complaints about Allstate and
other companies’ handling of claims.19
Allstate says the changes in claims resolution tactics
were only about efficiency.20 However, the company’s former
CEO, Jerry Choate, admitted in 1997 that the company
had reduced payments and increased profit, and said,
“the leverage is really on the claims side. If you don’t win
there, I don’t care what you do on the front end. You’re not going to win."

For four years, Allstate refused to give up copies of the
McKinsey documents, even when ordered to do so repeatedly
by courts and state regulators. In court filings, the
company described its refusal as “respectful civil disobedience.”
22 In Florida, regulators finally lost their patience
after Allstate executives arrived at a hearing without documents
they had been subpoenaed to bring. Only after
Allstate was suspended from writing new business did the
company, in April 2008, finally agree to produce some
150,000 documents relating to its claim review practices.23
Still, some commentators believe many critical documents
were missing.

Allstate’s “boxing gloves” strategy boosted its bottom
line. The amount Allstate paid out in claims dropped
from 79 percent of its premium income in 1996 to just 58
percent ten years later.25 In auto claims, the payouts
dropped from 63 percent to just 47 percent.26 Allstate saw
$4.6 billion in profits in 2007, more than double the level
of profits it experienced in the 1990s.

In fact the company is so awash in cash that it began buying back $15 billion
worth of its own stock, despite the fact that the company
was simultaneously threatening to reduce coverage of
homeowners because of risk of weather-related losses.27
Despite its treatment of policyholders, Allstate’s recent
corporate strategy has focused on identifying and retaining
loyal customers, those who are more likely to stay with
the company and not shop around.

The target demographic as former Allstate CEO Edward Liddy said, is
“lifetime value customers who buy more products and
stay with us for a longer period of time. That’s Nirvana
for an insurance company.”

Loyalty only runs one way, however.While Allstate
focuses on customers who will stick with it for the long
haul, the company is systematically withdrawing from
entire markets. Allstate or its affiliates have stopped writing
home insurance in Delaware, Connecticut, and
California, as well as along the coasts of many states,
including Maryland and Virginia.

In Louisiana, Allstate has repeatedly tried to dump its
policyholders. In 2007, the company tried to drop 5,000
customers just days after the expiration of an emergency
rule preventing insurance companies from canceling customers
hit by Katrina. Allstate dropped them for allegedly
not showing intent to repair their properties. After an
investigation by the Louisiana Insurance Department,
Insurance Commissioner Jim Donelon said, “[A]t best, it
was a very ill-conceived and sloppy inspection program.
At worst, they wanted off of those properties.”30 Allstate
also used an apparent loophole in the law by offering its
policyholders a “coverage enhancement” which the company
would later argue was a new policy, and thus exempt
from non-renewal protection.

In Florida, Allstate has dropped over 400,000 homeowners
since 2004.32 The move has landed Allstate in trouble
with regulators because the company appears to be
keeping customers if they also have an auto insurance
policy with Allstate. Florida law prohibits the sale of one
type of insurance to a customer based on their purchase
of another line of coverage.33 Allstate officials have
acknowledged that most of the 95,000 customers nonrenewed
in 2005 and 2006 were homeowners-only customers.
The company ran afoul of regulators in New York
for the same reason, and was forced to discontinue the
practice.

In California, while other major homeowner insurers,
including State Farm and Farmers, agreed to cut rates,
Allstate demanded double-digit rate increases in what the
former insurance commissioner described as an “exit
strategy.” John Garamendi, now the Lieutenant Governor,
said, “[T]hey’ve said they want to get out of the homeowners
business in a market that is competitive, healthy
and profitable.”

Consumer advocates have also complained that Allstate
put an ambiguous provision in homeowners’ policies that
may have deceived some policyholders into thinking they
had coverage for wind damage when they did not. Socalled
“anti-concurrent-causation” clauses state that wind and rain damage—
damage covered under the policy—
is excluded if significant flood damage occurs as well.

Therefore, those with policies covering wind and rain damage
and “hurricane deductibles” still faced the prospect of
learning, only after a catastrophic loss, that they had no
coverage.36 In 2007, then U.S. Senator Trent Lott sponsored
legislation requiring insurers provide “plain English” summaries
of what was and what was not covered in order to
stop this kind of abuse. “They don’t want you to know
what you really have covered,” said Lott.

The complete article can be provided on request and is reprinted from the american association for justice

Cincinnati Personal Injury Attorney Web Site Has Free Articles for Injury Victims

2008-11-23T09:05:00.000-08:00

Anthony Castelli has mainted a persoanl injury, car accident , motorcycle accident and workers compensation for over five years. The focus of the web site is to provide free education materials to help injury and accident victms and workers compensation claimants to learn about their rieghts.

Most importantly it provides easy to understand articles so that injury victims know what steps to take so that they receive full compensation for their injuries. Many people injured in car accidents take only the "advice" of the insurance company of the person that caused their injury. This is taking advice from the "enemy" as insurance seeks to pay you as little as possible. But many people don't know what to do, and are afraid to seek the advice of an attorney since they fear what an attorney will cost them.

The truth is that great personal injury attorneys do not bill on an hourly basis. Thet will take your case on a contingency fee. They only get a fee if they are succesful in obtaining a recovery for you. Plus they will gladly talk to you over the phone or in person at no charge to help you determine if you have a case and whether it is worth it to you and to them to hire an attorney.

If a lawyer takes your case he has every incentive to get you as much as possible. One because its his sworn duty, and two because the more he recovers the larger his fee will be. This is just the opposite if what the insurance company tries to do. they have every incentive to pay you as little as possible so their shareholders prosper.

So take a look at www.castellilaw.com to learn about your rights and how to protects them.

I am glad to take your call at no charge so we can discuss what you should do and if i can help.

by Anthony Castelli cincinnati personal injury and car accident attorney

Cincinnati Car Accident Attorney Now On Google Maps

2008-10-28T16:10:00.000-07:00

Press Release Cincinnati, Ohio October 28, 2008

Anthony Castelli Cincinnati Car Accident and Personal Injury Attorney is pleased to announce he now can be found on Google maps. To access his Google Map type in your browser the words Cincinnati Car Accident Attorney . Anthony Castelli attorney should show in the google listings. Anthony Castelli Cincinnati Attorney can also be found in the organic listings.

Anthony Castelli car accident and personal injury attorney can also be found thruogh google local. Type in cincinnati personal injury attorneys amd Anthony Castelli Cincinnati car accident personal injury lawyer will also show up in the google local listing and the google organic listing. Anthony Castelli cincinnati attorney offers educational materials on his web site to educate car accident injury , motorcycle accident, motor vehicle accident, general personal injury , and workers compensation victims in the state of Ohio.

You can also search through yahoo firefox and most all of the seach engines and browsers.

Cincinnatii Car Accident Attorney

2008-10-18T18:42:00.000-07:00

I am pleased to announce the the Super Lawyers magazine has named me a super lawyer for 2009. Although this is a nice accollade for a car accident and personal injury lawyer like myself,there are many great lawyers for whatever reason do not get named a super lawyer. Possibly it is because they fly under the radar, quietly doing a great job for their clients. Face it, many lawyers like to call themselves personal injury lawyers or car accident lawyers. While no such specialty category actually exists, many attorneys qualify in my humble opinion by virtue of long experience and long service to their clients.

I would personally like to recognize my friend since law school Attorney Jim Pierce as one of the hardest working personal injury lawyers I know. I know this from experience having worked on several cases with Jim. I've also seen him in action with his clients. I have never seen an attorney more willing to go that extra mile for his clients than Jim Pierc. Jim is smart, savy and dedicated to detail. He treats every client as his best friend .

I'm very proud to have Jim Pierce as a friend. I highly recommend Jim as a super personal injury attorney.

By Anthony Castelli accident and injury attorney

Personal Injury Trial Attorney Win

2008-08-30T07:40:00.000-07:00

Anthony Castelli just completed a personal injury trial in the Court of Judge Victor Haddad in Clermont county common pleas courtroom. His client was injured when she was caused a rear end crash. His client was caused 21 months of low back lumbar injury.

She went to the emergency room later that day for headache. Four days later her low back started to affect her to the point that she went to the emergency room. Two months later she went to a chiropractor and several weeks later saw Dr. Valentin a physical medicine and rehabilitation specialist.

She went back to the doctor four months later and tried some physical therapy for a brief period. Dr Valentin suspeceted lumber facet syndrome and recommended burning the small nerve out of the small facet joints. She declined this treatment initiallly out of fear and went back to another chirpractor.

She had some relief but after just sitting for a period of time her back pain came back. She decided to undergo the short outpatient procedure and this solved her problem.

Amemican familiy insurance hired Dr Thomas Bender and he gave the opinion that she was better after 12 weeks and her ongoing back pain was due to preexisting arthritis that was documented to exist two year before her injury, despite she never had any back complaints of significance before the car accidnet. The arhritis was in the same place her back was bothering her after the car accident.

American Family defended the case by arguing that that plaintiff was not credible and dr. Bender was right.

Anthony Castelli proved that Dr bender had previously done 2000 exams for defense attorneys and 4-5 previously for american family. Dr Bender had been listed as their witness before ever eamining the plaintiff.

American Family asked the jury to award $5000 for the limited time of her injury.
The jury came back with a verdict of $25,000.00

The plaintiff was happy with the verdict and felt vindicated from the attack on her good name by the defendant.

Sometimes you have to fight big insurance to get fair compensation for you injurues. Anthony Castelli was inspired by his client who tried so hard to get better and was willing to fight big insurance all the way.

By Anthony Castelli car accident and personal injury lawyer. For more information
visit www.castellilaw.com

Warning For Motorcycle Riders Cincinnati

2008-06-13T21:21:00.000-07:00

There is a very serious riding hazard that was located on southbound interstate 75 at the sharonville overpass area. There is construction going on in that area and the south bound lane was routed into a temporary lane where the berm used to be, In doing this the contractor covers over the yellow edge line marker with a black substance. This substance when wet is very slick compared to the road asphalt adjacent to it.

on May 7, 2008 a biker travelling south was caused to loose control by this slippery substance and crash. Before anything was done about it, on May 9th another biker was also caused to loose control and was killed when his bike slid on this substance and the crach caused him to stike the pavement.

At this time I do not know what this substance was made out of, or if it was approved by the Ohio dept of Transportation. I am in the process of inquiring of ODOT all information about this. So beware if you are funnelled into a tempory lane because you may be going over a very slippery area that will cause your wheel to slide out and possibly kill you.

If you know of anyone else that crashed their bike on interstate 75 southbound in the area of the sharonville overpass please call me at 621-2345 or 1-800-447-6549.

I am actively representing the deceased biker. So motorcycle riders beware of the potential for severe accident and injury.

by Anthony Castelli cincinnati accident and injury attorney

www.castellilaw.com

MORE to LIfe Than Personal Injury Law Practice

2008-05-24T19:45:00.000-07:00

Although I love my personal injury law practice and devote many hours to my clients I have another passion- coaching boys youth basketball.

I am a very demanding coach especially for the fifth grade level, but I tell every child I coach don't take my criticism personally because the bottom line is that I love these children. I want them to be the best they can be in basketball and in life. That means particlarly that they work hard and play hard and pay attention so they can learn the game.

I firmly believe they need to know what it means to give 100% effort and be disciplined to play the game the right way. They need to understand that basketball is a team game.

Of course they need to know that its not the end of the world when they make a mistake and understand that they have done a lot positive in the learning process. Every child needs to gain in confidence. For example if a child takes a good shot and misses they need to be encouraged to take that shot again , not yelled at for missing a shot.

One of my favorite players is a young man named Sam. Almost always he gives everything he's got. He probably is the smallest child on the team but when he gets the eye of the tiger- watch out- because he will play such great defense that it lifts the whole team.

I asked him to play on our school team that I coached 2 years ago. Last year in the CYO tournament he went in the game when things looked bleak and hounded the other teams best player into several turnovers that turned the game around and helped us win.

Just last week he ran back to half court and put himself between a long pass from the other team that could have turned the game around. A player that outweighed him by 40 pounds tried to run thru him to get the ball but Sam held his ground and was knocked to the ground. So instead of the other team scoring and turning the game around Sam literally saved the game by his hustle and court awareness.

I told Sam last week that I would mention him in my blog. But Sam, I still don't want you shooting those 3 pointers, but i can correctly state that every shot you have taken this spring has been a good one.

O yeh one more thing about Sam - he also hit a buzzer beater this season to win a game for us.

I'll never regret trading for Sam two years ago, I hope he doesn't regret being coached by me. He gives me and the team everything he has and doesn't back down from kids twice his size . He has the heart of a lion. He's a special young man.

So this blog dedicated to you Sam . Thanks Sam

coach tony

www.castellilaw.com

Neck and Back Injuriy From Car Accidents

2008-05-16T22:22:00.000-07:00

Car accidents all too often can cause neck and/or back injuries. These injuries can be strains or sprains (a stretching or tearing of the muscles and ligaments) or worse.

Victims can develop bulging, protruding or herniated discs from car accidents. These terms are often used interchangeably by doctors. Some disc injuries can cause pinching of spinal nerves.

If bad enough you can have pain going down your arms from an injury to a disc in your neck. A injury to a disc in the back can cause pain , numbness or tingling to go down the leg.

Often a Mri or Emg is used to determine if there is a disc injury and the severity of it. Sometimes physical therapy can help, often epidural steroid injections are used and ultimately if warranted surgery can be tried to help the pain.

You can be sure that the insurance company will try to argue that your injury was only minor and that the reason you are having problems is because of a preexisting injury or the aging process.

They will likely use a doctor whose opinion they can count on to discredit your injury. That's why its important that you do not make any critical mistakes in seeking the appropriate medical care or doing something else that can hurt your case.

Don't be afraid to tell your doctor if you have had previous problems as failure to disclose to your doctor a complete medical history can discredit their opinion that your injury was caused or aggravated by the car accident.

The value of the money you are entitled to is based on many factors. Verdict in these kinds of cases can range from $0 to thousands of dollars.

by Anthony Castelli accident and injury attorney. Anthony Castelli's website www.castellilaw.com provides free reports and articles to help you decide what to do to get full compensation for your injury. He invites you to please call him if you have any questions. He will provide one free consult to help you decide what to do.

Motorcyclists Take Action On Healthcare Loophole

2008-04-16T21:08:00.000-07:00

There is a little known loophole that could be in your medical insurance coverage the needs to be closed especially if you suffer a motorcycle injury.

Your policy could exclude medical coverage if you sustain a motorcycle injury.

The American motorcyclist association describes the problem as follows and after reading the article below go to this link to compose a letter to your Us senator and congressman
http://www.amadirectlink.com/legisltn/
rapidresponse.asp

TELL YOUR REPRESENTATIVE YOU WANT THEIR SUPPORT ON THIS ISSUE!

U.S. Representative Michael Burgess (R-TX-26) and U.S. Representative Bart Stupak (D-MI-1) recently introduced H.R. 1076, "The HIPAA Recreational Injury Technical Correction Act.” Identical legislation obtained 177 bipartisan cosponsors and passed the full Senate in the 108th Congress.

H.R. 1076 aims at ending health care discrimination for individuals participating in legal transportation and recreational activities-activities like motorcycling, snowmobiling, skiing, horseback riding, and all-terrain vehicle riding.

This legislation addresses a loophole caused by a Department of Health and Human Services' rule making it possible for health care benefits to be denied to those who are injured while participating in these activities.

“The development of this bill could not have been possible without bipartisan congressional support and the hard work of the American Motorcyclist Association,” stated Congressman Burgess. “I look forward to working alongside the AMA to get this legislation passed into law.''

Congressman Stupak noted, “This important legislation would prevent health insurance discrimination against citizens who take part in legal, recreational activities such as motorcycle riding and snowmobiling. I look forward to continuing to work with the American Motorcyclist Association and other organizations on this issue."

On August 21, 1996 an important opportunity arose when President Clinton signed the Health Insurance Portability and Accountability Act (HIPAA), prohibiting employers from denying health care coverage based on a worker’s pre-existing medical conditions or participation in legal activities, such as motorcycling.

In 2001, the Department of Health and Human Services released the final rules that would govern the HIPAA law. The rules recognize that employers cannot refuse health care coverage to an employee on the basis of their participation in a recognized legal activity. However, the benefits can be denied for injuries sustained in connection with those activities. Therefore, you were guaranteed the right to health care coverage but not guaranteed any benefits in return for your monthly payments.

The AMA is urging all motorcyclists to notify their Representatives and tell them to co-sponsor and support H.R. 1076, "The HIPAA Recreational Injury Technical Correction Act."

Reprinted from AMA web site by

Anthony Castelli Greater Cincinnati Accident and injury attorney

Do You Need Cincinnati Personal Injury or A Workers Compensation Lawyer

2008-03-18T06:25:00.000-07:00

If you have been injured while working you may be wondering whether you should hire a workers compensation lawyer or a personal injury attorney. The answer depends on how you were injured and by whom.

In Ohio an attorney can be certified as a specialist in Ohio workers compensation law by the OSBA, but this does not mean that he is also an experienced personal injury lawyer.

Some attorneys focus exclusively on workers compensation while other attorneys only focus on personal injury law. Some attorneys have the experience to do both. Most attorneys think they are car accident attorneys but very few have actually have had significant trial experience in taking cases to court and undertaking a trial, let alone handling the complexities of a case involving both workers compensation and a separate personal injury claim.

A personal injury lawyer takes cases where people are injured as a result of the negligence or legal fault of another and seeks to get them money compensation for their injures.

A workers compensation lawyer deals with clients who were injured while working and seeks the benefits of the workers compensation system for their clients. There is no necessity to prove negligence and normally you can not sue your employer even if they are negligent.

But what happens if you are injured through the fault of another while you are working. In that case you have a claim for your personal injury as well as a claim for workers compensation benefits. You can hire two attorneys or you can find attorneys experienced in both workers compensation and personal injury.

There are many benefits to having one attorney handle your workers compensation claim and your personal injury claim. The most important benefit is that the attorney knows all the information relevant to your claims. There is an overlap in medical information that is developed and it is important that one attorney have all that information.

Also the Ohio bureau of Workers compensation is entitled to get paid back out of your personal injury claim on a formula basis that is negotiable. An attorney experienced in personal injury and workers compensation will know how to maximize your benfits and should be able to maximize results for you.

Several recurring types of cases presant themselves. The car accident injury case while working is one. In that case you are entitled to get workers compensation as well as seek damages from the person that caused your injury. Also on construction sites workers can be injured through the negligence of a third party independant contractor. In that situation you also get workers compensation and you can bring a claim against the contrator.

By: Anthony Castelli accident and injury attorney . Mr Castelli is certified as a specialist by the OSBA in Ohio workers compensation law. Plus he has handled hudreds of personal injury cases as well as many cases involving persons injured on the job through the fault off a third person.

His website is www.castellilaw.com

His site provides information on both personal injury claims as well as workers compensation claims. Serving Greater cincinnati Anthony Castelli is both a personal injury attorney and workers compensation attorney and will be glad to provide a free initial consultation.

Attorney Anthony Castelli Becomes affiliated with Pro-Unions Web

2008-02-12T14:09:00.000-08:00

Accident and Injury Attorney Anthony Castelli has recently become affilliated with the pro-unions web site www.pro-unionsweb.com He is a featured advertiser for legal services for personal injury and workers compensation in Cincinnati, Ohio.

The pro-unions web site describes their site as follows :

After tiring of seeing these other so-called "Union Member Information and Resource" websites that feature many non-union made products, an initiative was set forth to create a true union member site. One that not only has useful information, but only lists union made products and labor friendly services.

Quite frankly, what union member would shop and buy from a website that offers foreign and non-union automobiles to them at discounted rates? These sites go as far as to say that they have non-union made automobiles on their websites because they give you a discount, and you deserve a variety of autos and products to choose from whether they are union made or not. If that is the case, they might as well put Wal-mart on their sites!

At Pro-Unions Web we don't want to be the highest traffic website by manipulating numbers and hits. We want to work to earn the distinction of being the best and purest union member information and resource website in the U.S. and Canada.

As a former Union Flat Glass line worker in New Jersey in the 80's and Union Culinary employee here in Las Vegas in mid 90's, I personally know the importance of having a strong union presence in the work-place.

"We must stand together in these ever changing times!"

William Gamble
President
Pro-Unions Web

This web site features products and services dedicated to helping union members. Whether you like unions or not, my experience with union members is that they don't want everything, nor do they want to hurt their company. They just want a seat at the table and an opportunity to make a fair wage so they can suppport their families.

by Anthony Castelli attorney

Ohio Workers Compensation Secret Benefit

2008-02-12T13:13:00.000-08:00

The Ohio workers compensation system provides benefits to workers hurt on the job. Everyone knows that payment for medical treatment is available as well as payment while you are healing.

However many workers do not know about the award called " permanent partial disability". Neither the bureau of workers compensation , nor your employer will tell you about this award. That is why I call this the secret benefit.

If you have a permanent impairment, such as pain, you can file for this award. You must wait a certain time limit before you can file for it. Additionally you do not have to take the award the workers compensation bureau gives you. You can have a doctor of your choosing exam you and give his opinion of your percentage of impairment to your body as a whole. Plus this award does not close your claim but extends it.

If there is evidence, the matter goes to a hearing and the industrial commision decides what your percentage is. I have seen doctors differ as much as 15%. This means that if a bureau doctor gives you 3%, depending on your wages you might get a one time payment of $1200. However if you doctor gives you a 15% the industial commision might find a 9 or 10% award. This could be as much as $$4400. This is quite a big difference.

Most attorneys that specialize in workers compensation of Ohio will only take a fee from your permanent partial award if you are granted one. They can tell you what is a fair award within range and may know doctors who specialize in performing these exams for claimants.

So if you have a workers compensation claim don't be shortchanged. Contact an attorney who specializes in Ohio's workers compensation to see if they can get you the maximum permanent partial disability award.

by Anthony Castelli Attorney certified specialist in Ohio workers compensation law by the Ohio State Bar Association practicng in greater Cincinnati Ohio. Call Lawyer Castelli for a free consultation 621-2345 or visit his website www.castellilaw.com/workers-compensation.html

Workers Compensation Benefit Attorney

2008-01-24T21:33:00.000-08:00

Ohio workers compensation law is complex. An injured worker might think he is getting everything he is entitled to, but I have seen many injured claimants who did not get everything they were entitled to and were "leaving money on the table"

Don't expect your employer and don't expect the bureau of workers compensation to tell you the full story. Find an attorney experienced in workers compensation to help you get everything you deserve.

For instance, there is a benefit available to many workers known as permanent partial diability benefit. A lawyer certified as a specialist by the Ohio State Bar association will know how to get the maximum benefit for you and will normally take their fee out of the award they obtain for you.

Recently deceased attorney Phli Finkelmeier was one of the early pioneers in workers compensation and worked diligently to get his clients every penny they deserved.

Philip Renner Finkelmeier, a lawyer in Cincinnati for nearly 50 years, specialized in workers' compensation law. He was always an advocate for the little guy, helping people injured at their jobs.

In Ohio, the state bar Association certifies as workers compensation specialists attorneys that have shown experience and special knowledge of the Ohio workers compensation benefits.

by Anthony Castelli attorney a certified specialist by the OSBA in ohio workers compensation law. Anthony devotes a part of his web site www.castellilaw.com
to educating the injured worker about their rights.

ABATE of Ohio Seminar

2008-01-08T22:18:00.000-08:00

Abate of Ohio is holding its annual seminar February 1 and 2 ,
2008 at the midwest Hotel in Columbus Ohio. Abate is an organization dedicated to the motorcycle rider. Abate stands for American bikers Aimed toward education.

The Seminar will feature legislative updates, breakout session, awards banquets, guest speakers, government speakers and motivational speakers.

Mark Dann the ohio attorney general will be one of the featured speakers. Special guest speaker will be Slider Gilmore from Iowa.
This important seminar is open to the general public.

The seminar was proudly advertised in the inaugural premier edition of Thunder roads Magazine of Ohio. An Abate update is featured at page 8 in the magazine.

Come to the seminar and learn about issues facing all motorcyclists. Also learn about motorcycle safety and accident prevention. You might even become a member and help your local chapter.

by Anthony Castelli attorney practices accident and injury law representing bikers in motorcycle accidents.he is a member of Abate and represents them in line with the Abate legal services philosophy. His web site features a motorcycle accident area where you can learn about your rights.

www.castellilaw.com

Motorcycle Groups Focus on Safety

2008-01-04T21:52:00.000-08:00

Motorcycle groups have one predominant focus - the safety of motocyclists from accidents. Whether it is the abate of ohio or other state abate organizations or the motorcycle riders foundation, the goal is to promote safety.

The question of how our groups differ from the ntsb was highlighted in the recents MRF Reports. We focus on crash avoidance tools vs the theme of safer crashing ie. helmets posed by the ntsb.

the tools motorcycle rider organizations propose and this attorney writer support are rider education and training, motorist awareness programs, enhanced right of way legislation, proper motorcycle licensing programs, and impaired riding- riding straight campaigns.

As a number of inaccuracies have been uncovered in examining data related to motorcycle crashes and many of the conclusions are speculative at best, the only true solutions to motorcycle safety are these proactive measures that prevent a collision from occurrring at all rather than reactive steps that may offer some level of injury reduction only after a crash has already taken place.

For instance in the greater cincinnati motorcycle community, Aces and Eights, the harley dealer in Mason , offers an excellant program on how to ride safely especially for the novice rider .

Anthony Castelli is a greater cincinnati attorney that represents motorcyclists involved in serious injury cases. his web site offers free education materials on what steps to take to protect your rights if you are injured by the fault of another. www.castellilaw.com

Personal Injury and Workers Compensation - The Interplay

2007-12-13T18:11:00.000-08:00

Personal injury victims injured at work by the fault of a third party face a unique situation. They can file a claim for workers compensation and also file a claim against the person who caused their injury .

For example if you drive for United Parcel and while in the course of making a delivery a person rear ends you then you could file a claim for workers compensation benefits and also make a claim against the insurance company of the driver who caused the accident.

Another common example is a construction worker injured by the fault of another not related to his emplyer. A recent example of a case I succesfully resolved was a road crew worker that was struck by a negligent auto driver

The workers compensation board in Ohio is entitled to get the money they paid out on you claim, back from any recovery you make against the insurance company. But there still is a big advantage to proceed with both claims.

Workers compensation does not pay for pain and suffering damages nor do they pay for your loss of enjoyment of life. Also they may not compensate you for all of your lost wages. Therefore you can maximize your recovery by filing both claims. Even though you have to pay workers compensation back, there is a formula that is used that may allow you to pay them back less than what they paid you.

Additionally you can get a portion of your lost wages now from workers compensation instead of having to wait until your personal injury case is settled.

This double type of case can be difficult , especially if you
have one lawyer handling your workers compensation case and one lawyer handling your personal injury case. The right hand may not know what the left hand is doing. Plus negative evidence could be created in your case by the workers compensation doctors that your personal injury attorney does not know about.

The best way a client can protect themselves is hire one lawyer who can handle both cases. This means that you should hire an attorney that does significant workers compensation cases and also is an experienced personal injury attorney. This way all the information is managed and known to one attorney who can work to maxiamize the benefits in both cases.

In Ohio a lawyer can be certified as a specialist in workers compensation law and also have significant experience in personal injuy cases. So if you have this type of double claim my suggestion is hire an attorney that can handle both cases.

Anthony Castelli is a Cincinnati personal injury attorney who is also a certified specialist by the OSBA in Ohio workers compensation. He offers free consultations. You can get more information about him and your injury case at www.castellilaw.com

Personal Injury Victims Face Grab For Medical Insurers For Their Compensation Awards

2007-11-22T21:01:00.000-08:00

Personal injury victims are loosing their hard earned compensation to their medical insurers. If you are injured by the fault of another and you get compensation you may end up having to pay it all to your medical insurer. This is because medical insurers put clauses in the insurance contract that says that if they pay medical bills for an injury and you receive compensation for it from the person who caused your injury then you have to pay the medical insurer back.

This can lead to the totally unfair result where the injured party does the work to hire an attorney and gets an award but may still end up with nothing because their medical insurer gets to be paid back everything they expended for your treatment.

A case in point is Deborah Shank who was severe;y injured by a trucking company. Aftr legal expenses and attorneys fees were paid there was $417,000 left that was put in a trust for her future needs. Wonderful Walmart, her employer that provided the insurance, sued to take it all and won.

There are many variables that determine whether the insurance company must be paid back fully or partially. So get a good lawyer that knows the arguements to fight with these health insurance comapnies. Although in many states and in federal cases it may be up to the legislature to change the laws so injury victims can keep a fair amount of compensation. However a vigourous defense can often cause the insurer to take substantially less than what was paid.

by Anthony Castelli personal injury attorney www.castellilaw.com

Motorcycle ride To Aid Injured Troops Cincinnati - Fairfield

2007-09-03T07:51:00.000-07:00

Motorcyclists will depart the Fairfield VFW Hall at 1367 Hick Blvd at noon Sept. 9th to begin a benefit ride to honor the memory of marine Lance Cpl Taylor B. Prazynski who was killed in Iraq in 2005.

This is the third annual 9/11 Hero's Ride and will be preceded by an all you can eat breakfast from 9-11

Registration is $15, $5 for additional riders.

Proceeds benefit impact a hero, a nonprofit organization that helps injured or disabled military personnel.

Remember, even if you disagree with the war, as do 75% of Americans, we still need to support our troops. For some of them and their families life will never be the same.

Anthony Castelli Cincinnati accident and injury and motorcycle lay attorney
www.castellilaw.com/motorcycle-accidents.html

Car Fleeing Cop Kills Motorcyclist

2007-09-03T07:21:00.000-07:00

A police chase of a motorist who made a U turn to avoid a drunken driving checkpoint in Fairfield resulted in the death of brother motorcyclist rider John Kallmeyer.

Newpaper reports state the the chase began at the Symmes road and Pleasant Avenue border checkpoint. Officers spoted a white Cadillac making a u-turn in an apparent attempt to avoid the checkpoint. They chased the cadillac and in the course of the chase it hit one vehicle then struck motorcycle rider John Kallmeyer.

John Kallmeyer was an Army veteran, raised horses and enjoyed motorcycle riding.

Kenneth Haugabook was arrested for vehicular homicide.

Our deepest sympathies go out to the family of John Kallmeyer.

Not to minimize the conduct of Haugabook, but I wonder why police pursued Haugabook for such a minimal traffic violation, into another county . Maybe if they had not, John Kallmeyer would be alive today. At least an investigation should be made to determine if police followed their own pursuit guidelines.

by Anthony Castelli accident and motorcycle law attorney www.castellilaw.com/motorcycle-accidents.html

Do Not Let Big Insurance Defeat You Motorcycle Accident Injury Claim

2007-08-16T14:58:00.000-07:00

Americans have had a long standing love affair with the motorcycle. The movie “Easy Rider” which was released in the early 1970s and the re-emergence of the Harley Davidson as a symbol of motorcycle quality re-energized this love affair. Today, hundreds of thousands of American's own and regularly ride motorcycles on roadways that have become increasingly congested with bigger and faster moving vehicles. Additionally, the motorcycle has become bigger and capable of higher speeds. The combination of a fast moving motorcycle on a highway full of large fast moving vehicles, is an accident waiting to happen.

The National Highway Traffic & Safety Administration released a detailed report in
2001 that published the following statistics:

A motorcyclist is 16 times more likely to be fatality injured in an accident than as an automobile occupant.
56% of the motorcycle fatalities were speed related.
60% of motorcycle accidents occurred with a fixed object.
Approximately 50% of motorcycle fatalities were wearing helmets.
65% of motorcycle fatalities occurred during nighttime hours.
The three highest contributors to motorcycle fatalities were negotiating a curve prior to collision, inability to brake in time, and steering problems.

Some motorcycle accidents require the use of motorcycle accident reconstruction experts . Some experts focus on the eqiupment the operator wore or did not wear to defeat a motorcyclists valid claim. This is a quote from just such a site.
" These engineers have learned to gather all the relevant factors that could be involved in a motorcycle accident. The first factor to be examined is licensing. Proper licensing indicates that the motorcycle operator had specific training in both vehicle maneuverability and safety measures. The second factor to be considered would be the operator's protection such as a proper helmet and safety gear. A question to be answered is did the operator wear the proper safety equipment and was the equipment worn properly?

The third factor to be examined is the motorcycle's speed prior to the collision. Although motorcycles may be easier to maneuver, motorcycles take a longer distance than a car to stop. A car at 60 mph will typically skid to a stop in about 171 feet on an asphalt roadway. A motorcyclist who applies only rear wheel braking will require as many as 340 feet to stop on the same roadway at this same speed. The fourth factor to be examined is the design of the roadway where the accident occurred. Was the roadway curved, was the roadway crowned, were their vision problems, was the sun a factor, etc.? All of these factors can be causal in a motorcycle accident and must be carefully evaluated.

After inspecting the involved motorcycle and other involved vehicles, visiting and measuring the accident site, reviewing all the possible contributing causes including the motorcycle's speed, braking skid patterns, reaction times, roadway visibility, weather conditions, etc., the engineer will be able to form a comprehensive opinion of the cause or causes that contributed to the motorcycle accident."

So you see my biker buddies, the insurance industry has numerous people at their disposal to try to deafeat your claim even if you were not at fault for the accident. Yes this stinks, but you can protect yourself by hiring a good motorcycle attorney who knows how to combat their tactics.

One thing that you can do to prevent them from attempting to destroy your claim is wear a helmet. That way if you do end up with a head injury from an accident the insurance company can not defeat your claim by hiring some so called expert to say that if you had been wearing helmet your injury would have been lessened.

I am not telling you that you should or should not wear a helmet, that is your choice. I've included studies on my web cite so that you can decide what you want to do . www.castellilaw.com/motorcycle-accidents.html
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What Ya Gonna Do When A Cager Tailgates Your Motorcycle

2007-07-29T14:32:00.000-07:00

Some people are just born tailgaiters it seems. A problem for car drivers being tailgated , but when a biker is tailgated, it's even more worrisome, how about downright nerve racking and scarry. So what can you do about it?

The Ohio motorcycle operator manual has this to say:

Speeding up to loose someone following too closely only ends up with someone tailgaiting you at a higher speed. A better way to handle tailgaters is to get them in front of you. When someone is following too closely, change lanes and let them pass. If you can't do this, slow down and open up extra space ahead of you to allow room for both of you and the tailgater to stop. This will also encourage them to pass. If they don't pass, you will have given yourself and the tailgater more time and space to react in case an emergency does develop.

The suggested solution of slowing down doesn't seem to me you to solve the problem of getting the cager from behind you to a position in front of you. So i'd like to share a solution I've cut and pasted from a dynamite biker law blog.

What follows is a solution from the blog of Norman Gregory Fernandez, a real life biker and lawyer from California.

The first thing that every motorcycle rider knows or should know, is that no matter how big, tough, muscle bound, and bad assed you are, grandma driving her 1980 Buick can easily take you out with just a slight press of the gas pedal or a flick of her wrist on the steering wheel. This also goes for the 16 year old school girl on her cell phone. If you do not know this fact, than you should not be riding a motorcycle. The bottom line is that any time there is a situation where a car meets a motorcycle in an accident, the car will always win. This fact should be self evident.
Your goal as a biker and a motorcycle rider is to avoid impacts with cars at all cost, even if your ego is bruised, and even if you have to give way.

If you are being tailgated by a car, the first thing that you should do is to put your turn signal on, switch lanes, and get the hell out of the way as fast as reasonably possible. This is not rocket science, this is common sense. When the car passes, you just let it go. I will talk about this more later.

If you are on a one lane road, I suggest putting on a right turn signal, and then tapping your breaks to get the cars attention. In some cases this will cause the car to back off if they are simply not paying attention while driving. If it is an intentional tailgater behind you, this maneuver hopefully will not piss them off because they will see that you are trying to get off of the road, and they will back off and give you time to pull over to let them pass. You should then try to pull off of the road at a place where is safe to do so and let the car pass. When the car passes, you just let it go. I will talk about this more later.

Remember, I am talking about life threatening tailgating here, and not simply a car that is a safe distance behind you.

The reason why you want to get out of the way, and let a tailgater pass you is obvious; it is to avoid being rear ended if you are forced to stop or slow down suddenly; if you have a mechanical problem which causes you to slow down suddenly; if you have to switch to your reserve tank if you run out of gas on the main tank, etc. There are voluminous reasons that could cause you to have to slow down suddenly, and your job is to not get hit by the tailgater so you can go home and ride another day.

With respect to the legal ramifications of letting a tailgater pass, there are numerous reasons why it is better to let them pass, and let it go. The number one reason is that you do not want to end up in the hospital or lose your life, just to prove a point that you own the lane and have the right of way. Your job is to ride your motorcycle, and to not get jacked up in the process, so that you can live to ride another day!

Car v. Motorcycle injury accident cases are not pretty, and you sure don’t want to be the victim in such a scenario just to prove a point.

With respect to the options of throwing ball bearings, hitting the other car with a gauntlet, or chasing them down and beating them up, come on; you will either go to jail, or get hit by the cager who is now the victim of an assault and battery or attempted murder. Why would you want to do something so stupid? Do you really want to either give up your life, or your freedom, for some idiot cager who was tailgating you? No way! Chasing a tailgater could also result in an accident where an innocent victim is hurt or killed in an accident. Is it worth it? No! In the above scenario, you now become a criminal and not a victim. I am not willing to give up one day in jail for a stupid tailgater.

With respect to flipping the cager off, why would you want to potentially provoke an incident where the cager in a road rage, decides to take you out with their car on a spur of the moment impulse, or even worse, pull a gun and shoot your ass. It happens! Remember; car v. motorcycle = motorcycle loses. Let your ego go, and just enjoy your motorcycle ride.

With respect to the turning your head to get their attention and/or stare them down option; what if there is something in the road ahead of you? Imagine turning your head back around to discover the horrible scenario of stopped traffic in front of you, or an obstacle in the road ahead of you that you cannot avoid. It takes much more room for a motorcycle to stop than a car. We only have two wheels on a motorcycle. Turning your head would be a stupid thing to do. When you turn your head all the way around on a motorcycle you are putting yourself in extreme danger. This is not recommended because there is a significant chance that you will end up becoming an accident victim. You could also provoke a road rage incident with the tailgater. This is all common sense folks.

With respect to the throwing pink confetti option; come on, you could potentially get dinged for a 2 thousand dollar littering fine, or worse, a criminal charge for assault and battery on the tailgater. You could even provoke the tailgater into hitting you in a road rage incident.

Remember, the tailgater is either not paying attention, or intentionally tailgating you, and is in a rush to get to where they are going. In either case, your best move is to get the hell out of the way as fast and safely as possible, and to let the incident go. This way you are safe, and not yourself facing criminal charges for doing something stupid.

If you are riding your motorcycle and you yourself experience road rage, pull off of the side of the road, take a deep breath, and chill out. Road rage and riding your motorcycle are not compatible! You already have enough problems just riding your motorcycle on the road. The last thing you want to do is to have anger cloud your judgment.

If you are really upset and pissed off try saying this prayer to yourself:

“God, grant me the serenity to accept the things I cannot change, the courage to change the things that I can, and the wisdom to know the difference.”

This prayer works for me everytime!

By Norman Gregory Fernandez, Esq., © 2007

You can read more of Norm's excellent down to earth writings at

www.bikerlawblog.com

Anthony Castelli motorcycle attorney www.castellilaw.com/motorcycle-accidents.html

Eleven Top Reasons For Hiring A Motorcycle Accident Attorney

2007-07-18T19:53:00.000-07:00

July 18, 2007

The decision to hire an attorney should not be taken likely. This article is intended to give you the ten top reasons to hire a motorcycle accident injury attorney if you are injured in a motorcycle accident.

1. By hiring an experienced motorcycle attorney, especially a lawyer that is a biker, will help the rappport and confidence level you feel about an attorney. Face it, most people want help from someone that they have a common bond with. Someone they feel comfortable talking to.

2. A lawyers that has ridden motorcycles is likely to understand the aspect of how you manuevered your bike and why even with the best riding you could not have avoided the accident.

3. A biker attorney is not going to criticize you for not wearing a helmet if the law does not require it. In fact he can mount defenses for you when the insurance company tries to lowball you because you were not wearing a helmet

4. A good lawyer brings with him a multitude of skills and a depth of knowledge. He's likely dealt with hundreds, if not thousands of personal injury cases and therefore what needs to be done. A lawyer has experience in gathering evidence and negotiating with insurance companies. He will advise you on how much you can expect to get for your settlement (you probably have no idea, do you?). Knowing what your case is worth is essential to negotiating.

5 Your motorcycle injury lawyer will do all the legwork involved in gathering evidence for your case (obtaining medical records, doctor's notes and narratives, police reports, etc.).

6.Your personal injury lawyer will also negotiate with the insurance company. If you don't know how to play the negotiating game then you'll get eaten alive by the adjuster (the person working for the insurance company trying to get you to take the lowest settlement possible). The lawyer will have tons of experience negotiating and will not be intimidated by the adjuster. He knows how to handle them.

7. A good lawyer takes the time to explain the process to you so you will know what to expect.

8. A good motorcycle attorney will advise you on what you should or should not do as you injury unwinds.

9. A good biker attorney will advance expenses of litigation so your case can be fully prepared.

10. A real motorcycle attorney will be willing to file suit and go to trial if necessary so you don't have to take their lowball offer. The truth is you surely would not want to try your own case. If you try negotiating by yourself, what incentive does the insurance company have to pay you a fair dollar when they know that you pretty much have to take what they offer since you are in no position to try your own case.

11. By hiring a motorcycle lawyer you have time to take care of your injuries and attend to your daily activities , secure in the fact that you have a motorcycle attorney fighting your battle and leveling the playing field.

Cincinnati Motorcycle Attorney Presents Nine Safety Items Car Drivers Should Know About Motocyclists

2007-07-08T08:41:00.000-07:00

Nine Things All Car Drivers Should Know About Motorcyclists

1. Some drivers don't "recognize" a motorcycle; they ignore it (usually unintentionally). Look for motorcycles, especially when checking traffic at an intersection.

2. Because of its small size, a motorcycle may look farther away than it is. It may also be difficult to judge a motorcycle’s speed. When checking traffic to turn at an intersection or into (or out of) a driveway, predict a motorcycle is closer than it looks.

3. Because of its small size, a motorcycle can be easily hidden in a car’s blind spots (door/roof pillars) or masked by objects or backgrounds outside a car (bushes, fences, bridges, etc). Take an extra moment to thoroughly check traffic, whether you're changing lanes or turning at intersections.

4. Because of its small size a motorcycle may seem to be moving faster than it really is. Don't assume all motorcyclists are speed demons.

5. Motorcyclists often slow by downshifting or merely rolling off the throttle, thus not activating the brake light. Allow more following distance, say 3 or 4 seconds. At intersections, predict a motorcyclist may slow down without visual warning.

6. Turn signals on a motorcycle usually are not self-canceling, thus some riders, (especially beginners) sometimes forget to turn them off after a turn or lane change. Make sure a motorcycle's signal is for real. ( Even for cars, never ever assume that a driver is going to turn into the street you are pulling out from. The turn signal may be meant for a turn down the road . So don't pull out in front of an oncoming vehicle based on he assumption its going to turn into the street you are waiting to pull out from)

7. Motorcyclists often adjust position within a lane to be seen more easily and to minimize the effects of road debris, passing vehicles, and wind. Understand that motorcyclists adjust lane position for a purpose, not to be reckless or show off or to allow you to share the lane with them.

8. Maneuverability is one of a motorcycle's better characteristics, especially at slower speeds and with good road conditions, but don't expect a motorcyclist to always be able to dodge out of the way.

9. Stopping distance for motorcycles is nearly the same as for cars, but slippery pavement makes stopping quickly difficult. Allow more following distance behind a motorcycle because it can't always stop "on a dime."

Remember, its not just a motorcycle, its a person.

14 Tips for Motorcycle Passenger Safety

2007-07-08T08:27:00.000-07:00

Cincinnati Motorcycle Attorney Gives 14 tips For Motorcycle Passenger Safety

Riding with a passenger changes the characteristics of riding a motorcycle. Here are 14 tips to help you be a safe operator with a passenger on board.

General Safety Considerations
1. You need to be experienced in the motorcycle’s operation and have a safety-oriented attitude before taking on the added responsibility of carrying a passenger.
2. Practice low-speed clutch/throttle control as well as normal and emergency braking in a low-risk area like an open parking lot, with a passenger.
3. Use caution in cornering and develop cornering skills over time to ensure passenger comfort and safety.
4. Use caution in corners as clearance may be affected.
5. Use a Search, Evaluate, Execute (S.E.E.) strategy to increase time and space safety margins.
6. Allow time for a passenger to adjust to the sense of speed and the sensation of leaning; speeds should conservatively safe and reasonable until a passenger acclimates to the proper riding techniques.
7. Ensure passengers follow safety procedures:
a. Complete personal protective gear is properly in use.
b. Hold operator’s waist or hips, or motorcycle’s passenger hand-holds provided.
c. Keep feet on footrests at all times, including while stopped.
d. Keep hands and feet away from hot or moving parts.
e. When in a corner, look over the operator’s shoulder in the direction of the corner.
f. Avoid turning around or making sudden moves that might affect operation.
g. If crossing an obstacle, stand on the pegs with the knees slightly bent and allow the legs to absorb the shock upon impact.
8. Allow more time for passing.
9. Be ready to counter the effects of wind.
10. Avoid extreme speeds and dramatic lean angles.
11. Be ready for a passenger “bump” with their helmet when stopping quickly.
12. Start the motorcycle before the passenger mounts.
13. Have the passenger mount after the motorcycle’s stand is raised and the motorcycle is securely braced.
14. Annually complete an ERC Skills Plus RiderCourseSM with a passenger.

Cincinnati Attorney Supplies Study of Motorcycle Helmet Accidents

2007-06-28T08:17:00.000-07:00

In my prior post I gave motorcycle sites with valuable resources. Some of these sites list numerous studies regarding motorcycle helmet effectiveness in preventing injury. I thought that I would reprint the summary of the Goldstein study which appears to have been a scholarly and well done study.

The Effect of Motorcycle Helmet Use on the Probability of Fatality and the Severity of Head And Neck Injuries
Highlights of Helmet Effectiveness Study

Jonathan P. Goldstein, Ph.D.
Department of Economics
Bowdoin College
Brunswick, Maine 04011

This article evaluates the effectiveness of motorcycle helmets in accident situations. A latent variable model is developed and estimated. It is concluded that (1) motorcycle helmets have no statistically significant effect on the probability of fatality; (2) helmets reduce the severity of head injuries; and (3) past a critical impact speed [13 MPH], helmets increase the severity of neck injuries. Further analysis establishes the qualitative and quantitative nature of the head-neck injury trade-off.

Methodology

1. This study employs standard statistical techniques (regression analysis) to isolate the main determinants of death and injury severity resulting from motorcycle accidents.

2. The data analyzed in this study were provided by the National Highway Traffic Safety Administration, U.S. Department of Transportation and originally collected by Hurt et al. (1981), contract No. DOT HS-5-01160. These data are currently recognized as the most accurate and detailed available on motorcycle accidents (See pp. 11-12).

3. The effectiveness of helmets and other determinants of death and injury severity are estimated from a causal model. Three variants of one causal model are used to isolate the determinants of: (1) the probability of a fatality; (2) the severity of head injuries; and (3) the severity of neck injuries.

4. The use of a causal model distinguishes the research methodology of this study from previous studies. The advantage of this approach lies in the ability to estimate the separate effects of several simultaneous and interrelated causes of motorcycle fatalities and injury severities (pp. 2-4). Previous studies simply divide accident victims into a helmeted group and non-helmeted group. As a result all differences in fatality rates, injury rates and injury severities between groups are erroneously attributed to helmet use. These comparisons fail to consider other differences between helmet users and non-users which influence the probability of death and the severity of injuries. The most plausible hypothesis is that helmeted riders are more risk-averse and thus: (1) have lower pre-crash and thus crash speeds; and (2) are less likely to combine alcohol consumption and driving. Such behavior, rather than helmet use per se, may dramatically reduce the probability of fatality or the severity of an injury. Only a causal model that considers crash speed, helmet use, alcohol use and other pertinent variables can isolate the separate contribution of each determinant of the severity of injury or probability of death.

Causal Model (pp. 4-8)

1. The causal model considers three broad categories of the causes of death and injury severity. These include factors governed by the laws of physics, physiological factors. and human factors and operator characteristics.

2. The physical factors considered include: the kinetic energy (potential for bodily damage) transferred to the motorcycle operator by the impact, compressibility of the impacted object, helmet use, and possible engineering limitations of helmets (as affected by the impact speed that the helmet is subjected to in the crash).

3. The physiological factors considered include: operator's age, blood alcohol level, drug involvement, and permanent physiological impairment.

4. The human factors and operator characteristics considered include: rider on-road experience, whether the operator had taken the correct evasive action for the particular accident situation, driver training, and the operator's past accident and violation histories.

5. Numerous other determinants were also considered.

Results (pp. 13-18)

1. Helmets are shown to have no statistically significant effect on the probability of a fatality given that a motorcycle accident has occurred. This means that based on standard statistical tests we cannot reject the claim that helmets do not affect the probability that a rider will survive a motorcycle accident.

2. The major determinants of fatality are the rider's crash speed (kinetic energy) and blood alcohol level.

3. For the average rider involved in the average accident, it is found that the probability of death increases from 2.1% to 11.3% when the rider's blood alcohol level increases from 0.0 to 0.1 (from sober to legally intoxicated in most states).

4. In the same vein, an increase in the crash speed from 40 to 60 mph increases the probability of death from 7.1% to 36.3%

5. It is found that helmets have a statistically significant effect in reducing head injury severity. We can reject the hypothesis that helmets have no effect on head injuries in favor of the claim that they reduce head injuries.

6. It is shown that past a critical impact velocity to the helmet (approximately 13 mph), helmet use has a statistically significant effect which increases the severity of neck injuries. Thus we reject the claim that, helmets have no effect on neck injuries in favor of the claim that, past a critical impact speed, they exacerbate neck injuries.

7. As a result of (5) and (6), we establish that a tradeoff between head and neck injuries confronts a potential helmet user. Past a critical impact speed to the helmet (13 mph), which is likely to occur in real life accident situations helmet use reduces the severity of head injuries at the expense of increasing the severity of neck injuries.

8. Further statistical tests reveal the qualitative nature of this tradeoff. It is shown that an individual who wears a helmet and experiences an impact velocity to the head greater than 13 mph may avoid either severe or minor head injuries and incur either severe or minor neck injuries; all permutations of the tradeoff are equally likely to occur.

Policy Implications (pp. 18-20)

1. If a major concern of policy makers is the prevention of fatalities, helmet legislation may not be effective in achieving that objective.

2. If the overall cost to society of motorcycle accidents is the issue, then cost-benefit analyses that adequately consider the tradeoff between head and neck injuries must be conducted before the cost effectiveness of helmets can be determined.

3. Until the injury tradeoff issue is more carefully studied, it cannot be concluded that mandatory helmet use laws are an effective method to eradicate the slaughter and maiming, of individuals involved in motorcycle accidents.

4. A more effective policy approach would be two pronged, including both policies to prevent accidents and policies that effectively reduce the probability of death and the severity of injuries.

5. Policies to prevent accidents include: (1) the education of the general driving public; (2) the education of a younger and more inexperienced population of motorcyclists on the issues of accident avoidance and the proper use and control of high horsepower machines: (3) stricter enforcement of drunk driving laws; and (4) implementation of alcohol awareness programs.

6. Policies to reduce death and injury severity include: stricter enforcement of speed limits. the alcohol related policies suggested in (5) and mandatory driver training and education programs which emphasize the proper execution of evasive action.

© Copyright Jonathan P. Goldstein Ph.D. 1986. All Rights Reserved.

courtesy Anthony Castelli motorcycle accident attorney www.castellilaw.com/motorcycle-accidents.html

Cincinnati Motorcycle Attorney Talks About Helmet Resources

2007-06-27T18:21:00.001-07:00

The debate contiues to rage on about motorcycle helmets. Some want them to be mandatory, some want the biker to decide. But underneath those preferences are pros and cons that each side of the motorcycle helmet issue can rally around. The purpose here is not to take sides, but to alert you to web sites that can give you information so that you can decide .

Most nonriders' reaction is of course helmets can prevent injury. But maybe that is not always the case , and possibly they can increase the risk of injury. So look for yourself at these sites:

www.bikersmag.com

bikersrights.com

helmet law defense league www.usf.com/hldl

these web sites can get you started into the research and what is fact , maybe.

www.castellilaw.co/motorcycle-accident.html

the Hurt report is a place to also look . I have resources such as that and others at the above web site.

tony Castelli cincinnati motorcycle attorney

Understanding the Motorcyclist a Bikers Plea

2007-06-10T12:59:00.000-07:00

When you see us moving past you quickly:

Don't take offense or think we're trying to "show off". Ninety five percent of the time, we're trying to get out of your blind spot or taking ourselves out of a potential dangerous situation that has evolved around us. Distancing ourselves from you does not mean we want to race, but that we're giving ourselves the edge we need at the moment. Hitting the road hurts and can ruin the lives of our friends & family.

When you hear our loud pipes:

Don't become angry and hostile toward us. Yes, some are quite loud, but for some, there's a purpose behind being loud. It's about letting you know we're close by and we're constantly hoping that our investment in this accessory will help save our lives. Our pipes are really not about our ego...it's a pride and personalization to our form of transportation.

When you see us in our clothes:

Don't become fearful of us or think us weird. Our leather jackets, chaps, gloves and boots are the barriers between loosing massive amounts of flesh should something cause us to go down...nothing more, nothing less. Safety gear is paramount to our riding. We wear patches on our jackets, and pins on our vests. These are symbols of pride and honor within our group(s), individuals giving back to those who gave. These things bond us as a brotherhood and sisterhood among bikers. Not that we're better than anyone else, but that we have the same kind of nobility and pride in our accomplishments as you may have in the various aspects of your life. I guess one could say; our patches and pins are the decals and the bumper stickers of our involvement with society and the general public, of which we are very pleased to be a part of in our own little way. If you ever get thrown to the pavement at 50 mph because of a thoughtless driver you will be very thankful that you were wearing chaps, helmet, jacket, and gloves.

When you see us in a restaurant:

You don't have to shield your child or feel intimidated. We have family, wives, husbands, children and loved ones too, just like you. We smile; we laugh and enjoy the moments we have. We are approachable, and would befriend you, if given the opportunity.

When you see us in a parking lot:

Don't convince yourself that we're there to "get you". More than likely, we just finished a long ride and are taking a break. Or, we may be meeting up with other riders for a charity run for young children, or another very worthy cause. We may just be admiring one another's bikes, sharing our pride with other brothers and sisters, just like you do with your personal vehicle. It's what we do...it's a part of our lives, and we'd be more than welcome to share with you what riding a bike is all about...if you'd only ask.

When you see aggressive riding bikers:

Don't put us all in the same stereotypical category as those whose behavior and actions would cause you to react in disgust and intolerance. Many of us do not agree with this style of riding either, and we know and understand that human nature tends to blend us all together as the "same group". Most of us don't want that title...and don't deserve it.

When you see a group of bikers on the roadways:

Give us the courtesy of sharing the road with you. We ride in groups with the hopes that we are more easily seen by those in cars. Please don't "move in" between several bikers in formation. This gets us very excited and nervous, especially when it's done with no due regard for our safety. Provide us with your awareness of the fact that we are much more vulnerable than you. We don't want to challenge you, for all of us are wise enough to know...we'd lose that battle.

When you are turning left or entering a roadway/highway:

Look, then look again...and then one more time. For we can be easily hidden, and appear to be invisible by such things as a telephone pole, another vehicle, bright lights or the glare of the sun...or possibly, the beads hanging from your rearview mirror, among numerous other items that are displayed there. If you see us flashing our lights at you or blowing our horn, we're only trying to ensure that you will see us before tragedy changes both our lives.

When you are behind us:

PLEASE GIVE US THE ROOM WE NEED AND DO NOT TAILGATE US. If you hit us, we're going down...HARD! If you rear-end another car, chances are the other driver goes home and calls the insurance agent. If you rear-end a biker, the biker is lucky to go home at all. We don't want to play games with you, we just want to enjoy the ride and the fresh air, and experience that which many of you have never lived for. If we accelerate away from you, don't interpret this action as though we want to drag race you. We're only trying to take ourselves out of a bad situation if you insist on being too close. We'd rather have a speeding ticket than a funeral.

Left turns at intersections and pulling out in traffic:

Please wait a few seconds at an intersection instead of turning left in front of us just as we enter the intersection. Please wait a few seconds to let us pass instead of pulling out in traffic right in front of us. Slamming on the brakes and locking up the tires in a car is usually harmless. Locking up the brakes on a motorcycle can be deadly. Your waiting a few more seconds can mean saving a life. Car on car accidents open an air bag. Bike on car accidents open a body bag. However, if you do turn in front of us and we have to brake hard or swerve, do not be shocked if we yell obscenities at you and your ancestors. Having a close call with death because of someone's impatience makes anyone angry - especially us. We experience this more than you know. Please, wait a few seconds and we'll be past you.

When, and if, you experience road rage:

Don't take it out on us just because we're smaller than you and more vulnerable. Think about what you're doing and the end result that may become a reality. The consequences of your actions and choices could be very detrimental to our well being, our families, our children and our loved ones. Yes, there are those that can tend to piss you off, however, rage towards them will not solve the issues, but accentuate them. Nine out of ten bikers will do everything they can to take themselves out of that situation without causing you or them harm.

When you have an opportunity to talk to us:

You'll discover, outside any influenced or stereotypical mindset you may have, that we are just as human as you are, just with different interests and toys. Many of us would give you the shirt off our back if it would tend to brighten your day or console you in some way. We're really no different...and we drive cars, trucks and vans too. So, meet us and greet us...I think you'll be pleasantly surprised that you'll be met with open arms.

Thank You for attempting to understand

reprinted form international bikers association of ohio forum author The Kid

I thought this really tells the bikers story to the non biker with great clarity.

Anthony Castelli welcomes your calls about motorcycle accidents 1-800-447-6549

Cincinnati Motorcycle Accident Attorney Tells Bikers You May Not Be Riding Alone

2007-06-06T20:30:00.000-07:00

A recent article in the American motorcycle Association's magazine discussed the fact that the technology is there to follow you and record what you are doing. The question is this a good thing or a 1984 orwellian concept and just another loss of personal privacy and freedom.

For instance, you could pass under a bridge with a metal canopy holding a row of sensors. The sensors download data from a GPS unit installed as standard equipment on your bike.

A couple of days later, a traffic ticket arrives at your home. The notation on it indicates that somewhere out there on those back roads, you exceeded the speed limit briefly. You can mail in your fine, or you can go to court and try to prove that you didn’t do what your own bike says you did.

• • •

You stop at a gas station to fill up, and a display on the pump indicates that it’s identified your motorcycle. The pump reads your bike’s onboard computer and then adjusts the price of the gas based on your road-usage patterns.

• • •

You pull a stack of letters out of the mailbox and notice an envelope from your insurance company. Inside is a bill that includes a hefty surcharge.

Why? The helpful note underneath explains that the insurance company has determined you’re spending much of your time on congested roads where the chances of being in an accident are higher. As a result, your insurance rate just went up.

• • •

Far-fetched? Hardly. The technology to do all that—and a lot more—already exists.

More significant, transportation officials and insurance companies are already testing ways to use this emerging technology in ways that have the potential to completely change the experience of riding your motorcycle.

If you live in even a moderate-sized city, chances are you’ve already seen some of this new technology at work in the form of stoplight cameras designed to catch drivers who run red lights.

Here is some of the technology already out there.

Data Recorders
Chances are, the only time you think of data recorders is when you hear about a plane crash in which investigators are trying to recover the aircraft’s “black box.”

But the fact is that more than two-thirds of the cars sold in the U.S. today also come with black boxes, technically called event data recorders (EDRs). They’ve been on many American cars since 2004, and in some stretching back to 1990.

The EDR works like an airplane’s flight data recorder, monitoring a wide range of information about the vehicle—speed, engine rpm, throttle or brake usage, even whether the occupants are wearing their seat belts. As a result, it offers a snapshot of what was going on with the vehicle when it crashed, and in the seconds leading up to that crash.

Originally, car manufacturers used EDRs to improve the performance of safety systems like airbags. But the information contained in those automotive black boxes is increasingly being revealed in court to help determine who was at fault in a crash. You may claim you were obeying the speed limit when you skidded on wet pavement and ran off the road, but your car may tell a different story.

Data recorder evidence has been introduced in accident cases in 19 states. One high-profile case that focused attention on EDRs was the 2003 crash in which South Dakota Congressman Bill Janklow ran a stop sign in his Cadillac and collided with a motorcycle ridden by Randy Scott, killing the rider. Traffic investigators extracted data from the Cadillac’s black box showing that Janklow was speeding as he blew by the stop sign and into the path of Scott’s bike.

The increasing number of automotive black boxes has sparked concerns on the part of people who say they represent an invasion of privacy. In response, the federal Department of Transportation has ordered the manufacturers of vehicles with EDRs to include that information in the owners manual, beginning in 2011.

What about EDRs in motorcycles? No one has indicated they are specifically installing such a device, but the computers that run modern engine-management systems track much of the same information, and it’s likely that some include storage of at least a few seconds of data to more precisely adjust things like spark timing and fuel mixture.

GPS, etc.
If knowing exactly how fast a vehicle is going before a crash bothers you , how about knowing exactly where that vehicle is, all the time?

That, too, is entirely possible with today’s technology.

Many car drivers and motorcyclists already use GPS units to keep them from getting lost on the road. But officials in California and Oregon have considered requiring them on vehicles to track how many miles they travel and whether they go out of state as an alternate way to assess highway taxes.

Oregon in particular is looking at GPS tracking to compute gasoline taxes. The onboard GPS would record where a vehicle goes and how many miles it’s driven. Then the tax would be determined at the gas pump.

But the capabilities of GPS units go well beyond reporting where a vehicle is. Among other things, they also collect data on its speed, which has obvious implications.

Currently, Progressive’s TripSense program, a voluntary pricing plan available to drivers in Michigan, Minnesota and Oregon, monitors when they use their cars and how fast they’re going. The company then computes insurance discounts for those who do most of their driving during low-risk hours of the day and spend less then one-tenth of 1 percent of their driving time over 75 mph.

TripSense gets its information from a device that plugs into the dataport for the car’s engine computer. It isn’t a GPS, but it uses the vehicle’s speed data with its own internal clock to determine when the car is being driven. It also collects information about acceleration and braking, but according to Progressive, “That is not used to calculate the discount. Progressive collects this data to better understand if it is predictive of future accidents.”

It should be noted, however, that Progressive warns customers their TripSense data would be released if it was subpoenaed by a court.

.

You may have a GPS system in your vehicle and not even know it.
For instance, the OnStar system in GM cars combines a cellphone with a GPS device, all of which can be turned on by the driver or triggered automatically in a crash.

OnStar says it doesn’t continuously track its customers. It only locates a car when the system senses it’s been in a crash, when the airbag is deployed or when the OnStar equipment gets data updates. Of course, the company also notes that it will locate a car when ordered to by a court.

Don’t own an OnStar-equipped vehicle? You’re still carrying around a GPS locator every time you bring your cellphone with you on a trip.

Since 2005, nearly all cellphones have been equipped with GPS technology, required by law so that police can locate you when you call 911 in an emergency. Again, those phones are not currently set up to track your position continuously, but if the technology exists, there’s the potential for someone to use it.

The Big-Brother Scenario
So let’s say you’re a lawmaker interested in using all this technology to the fullest. What could you do to control the behavior of drivers and riders?

Plenty.

At the simplest level, you could do what one lawmaker in Texas proposed recently. He suggested inserting radio frequency identification (RFID) chips into vehicle registration tags. The chips would contain information about the licensing and insurance status of the vehicle.

That Texas proposal would have given police the authority to use RFID readers—like the units that are part of the EZ-Pass systems on many toll roads—to check vehicles on the road. And if you passed one of these checkpoints in an uninsured vehicle, a $250 ticket would arrive in the mail.

That plan died in the Texas Legislature, but it’s an example of the sort of thing public officials are considering. And that just scratches the surface.

Imagine mandatory EDRs connected to GPS units. They could store every detail of your route and your speed until you pass a bank of sensors connected to a centralized traffic-control computer, which would read the accumulated data.

The computer could compare your route and speed information to speed limits on the roads you used and find out that you’d gone a little too fast at some point. Potentially, it could also pinpoint an illegal U-turn you’d made when no one was watching. Either way, you’d get a ticket from the local police, or an automatic surcharge from your insurance company—or both.

But why just ticket people who violate traffic laws? Why not prevent them from breaking it to begin with?

That, too, is under consideration.

Britain, the Netherlands, Belgium and other European Union countries are researching Intelligent Speed Adaptation (ISA) systems that would warn riders and drivers when they exceed the speed limit, and could even slow a vehicle automatically.

British officials just completed a five-year study of the system, and press reports indicate that members of Parliament are taking a hard look at the research with an eye on putting it into practice.

The British system uses GPS technology and a base map to track how fast a vehicle is going and the speed limit on the road it’s traveling.

A demonstration of the system on a motorcycle showed that when the bike nudged over the speed limit, the rider got two beeps as a warning. When the bike exceeded the limit by 5 mph, the seat started to vibrate.

And if the rider didn’t heed that second warning, then the ISA system took over, slowing the bike down to the speed limit.

Clearly, even though the technology is available, we’re not on the verge of having every moment of our riding controlled anytime soon. But smaller steps are definitely possible.

For instance, the British House of Commons Transport Committee recently issued a report suggesting that a much simpler technology—top-speed limiters—be required on new bikes.

“Motorcycle accident rates are far too high. They have been for 10 years. It is time to consider radical action to tackle this problem,” the report said.

Several years ago, the European Commission went down a similar path when it proposed a 100-horsepower limit on motorcycles. But that measure wasn’t adopted in part because officials couldn’t prove that the restriction would actually reduce motorcycling fatalities.

Now, it looks as though European lawmakers will be having that debate all over again. And it could lead to discussions of more sophisticated forms of vehicle control.

Those discussions could have a direct impact on American motorcyclists, says Edward Moreland, AMA vice president for government relations. He notes that the U.S. is part of a group called the United Nations World Forum for Harmonization of Vehicle Regulations, which is designed to open up the world market by letting manufacturers build one vehicle that can be sold anywhere. And that, warns Moreland, means regulations adopted in Europe could affect riders in America.

“We need to make sure that vehicle standards imposed in the U.S. are appropriate for U.S. riders and riding,” Moreland says. “The traffic environment in Europe is very different from the U.S., and what works there doesn’t necessarily work here.”

© 2007, American Motorcyclist/ most of this information was reprinted from American motorcyclist go to www.ama-cycle.org

Anthony Castelli is an accident and injury lawyer that respects motorcyclists rights. If you have been injured in a motorcyle accident he stands ready to fight for fair compensation for you .

He is a supporter of ABate, supports bikermag.com and www.ohiobiker.com

"We take care of our own"

Call today 1-800-447-6549 for a no cost consultation

The Secret To Winning Your Car Accident Case

2007-05-23T18:20:00.000-07:00

Winning A car accident case (getting full compensation for your injury) is not easy. However there are several things you can do to help ensure that you get fair compensation.

1. Do not delay in seeking medical attention. When someone is horribly injured in a car crash the injuries are usually clearly documented from the time the life squad arrives to the time you are taken to the hospital. But once people are released from the hospital to attempt the recovery process they often fall short.

2. Gaps in medical treatment or cancellation of appointments can come back to haunt you . These cancelations will of course be recorded in your records. This allows the seeds of doubt to be sown regarding how serious your injury ultimately turned out. A good defense attorney will be able to convey that either you weren't hurt all that bad or that had you followed your doctors advice you would have recovered sooner.

3. Listen closely to your body and be a squeeky wheel when you see your doctor. Often severe initial injuries mask less severe injuries that ultimately linger. It is important to tell your doctor as soon as possible what else is bothering you that might not have been as significant initially.

4. Document your injuries with photographs. Photographs can graphically depict the pain and seriousness of an injury.

5. Don't let the insurance company have blanket authoriztions. you never know what they will ask for that isn't their businsess.

6. Do not hide previous injuries from your doctor. Your doctor's opinion of the cause of your injuries is based on a good history. You should give the doctor a complete history of past medical problems. However if they have healed be sure to make clear that they had not been bothering you immediately prior to your new injury.

7. Give yourself the benefit of an early consultation with a good car accident personal injury lawyer. You may decide that the attorney can perform services that will increase the value of your case, give you peace of mind, and allow you to concentrate on healing rather that fighting big insurance, At least find out what you are entitled to and if you have a fair case . Also an attorney can help preserve evidence that might otherwise be neglected.

Anthony Castelli is a greater cincinnati an accident and injury attorney. He welcomes your questions and offers free initial consultations. You can reach him at 621-2345 or www.castellilaw.com for more information

The Secret to Winning Your Social Security Disability Claim

2007-05-13T18:14:00.000-07:00

Winning s social security claim is not easy . But there is one thing that you can do that will give you the best chance of winning:

A WELL REASONED AND WELL DOCUMENTED TREATING PHYSICIANS REPORT THAT EXPLAINS YOUR ILLNESS OR INJURY AND THE RESTRICTION YOU HAVE.

Social Security law is such that it requires the judge to find your treating physicians statement controlling if it is well documented and not inconsistent with other substantial evidence of record. Therefore the most important thing you can do is have your treating physician fill out a physical or mental capacity form that documents your restrictions. The doctor should give a complete explanation of the evidence he relies on and the significance of that evidence .

Also his complete records should be submitted so that the TREATING relationship is established. It is this treating relationship established over time that is critical.

By Anthony Castelli attorney . Mr Castelli invites you to call him for a free consultation. 1-800-447-6549 513-621-2345. His fee is based on recovering a benfit for you.

THREE CRITICAL MISTAKES PERSONAL INJURY VICTIMS MAKE

2007-05-04T06:25:00.000-07:00

When you are injured by the fault of another you potentially have a claim for money damages. Normally you will be dealing with the person's insurances company. In my experience I see three critical mistakes people make when dealing with the insurance company.

Mistake #1

Giving a recorded statement to the insurance company without adequate preparation. Many people are not prepared to fully describe all of their injuries or may misinterpret a question about how the accident happens. For instance if you do not completely detail all of yout injuries and later claim other injuries not recorded, the insurance company will look at your claim skeptically and use the recording against you.

Additionally if you leave out a critical fact about the accident this will also be used against you later.

Mistake #2

Believing the insurance company when they tell you that you won't get any more money if you hire an attorney and you will probably get less. In many cases this is simly not true. In fact an insurance study shows that more money is paid out when an attorney is involved. However many people believe that if they hire an attorney they will walk away with less. Yes there all some cases where this could happen. A case where there is no significant injury is one such example.

However, how do you really know what you should get. The adjuster is not your friend. Their job is to protect the assets of the insurance company.

A good experienced personal injury attorney will tell you if he thinks he can add value to your case. I certainly do not want to take on a case where the injury is small and the compensation is small and the client would end up less if I took a fee.

Mistake #3

Not consulting a experienced personal injury lawyer to see if they will take your case. At least seek an initial consult to learn if they can help. There is an old saying "you get what you pay for." Don't get unfair compensation when you could and should have gotten fair compensation.

Only an experienced personal injury attorney can hold the insurance company's feet to the fire. Moreover with the contingency contract there is no risk that you will walk away with a big attorney fee bill and nothing to show for it since under that type of contract the fee is dependant on recovery. Plus many attorneys will advance expenses necessary to prosecute your claim.

For more iformation go to my helpful tips section of my web site to educate yourself further. i invite you to email or call me to discuss if i can be of assistance.

Anthony Castelli attorney 1-800-447-65499 www.castellilaw.com

Wrongful Death Jury Verdict Richland County Ohio

2007-04-21T11:12:00.001-07:00

On Fri Apri; 13, 2007 A Richland County, Ohio jury returned a 2.7 million dolllar verdit in the wrongful death case of Willam Kegley against the Snow Trails Ski resort. The case was brought by Sally Kegley the spouse and his childhood sweat heart of Bill Kegley.

Sally Kegley was represented by Cincinnati attorneys Anthony Castelli ,Brett Goodson and Stephanie Day. Eyewitnesses testified that Mr Kegley's chairlift struck the tower pitching him forward and that his chair had been swinging dangerously for 30-60 seconds.

A representative of Snow trails told the local newspaper that it was a case of heart attack despite the fact that the two eyewitnesses gave their statements to Snow trails within 30 minutes of Mr Kegley's death.

Moreover the Franklin county coroner also confirmed the no heart attack was found and that the cause of death was multiple blunt force trauma due to the fall.

Mr Kegley was survived by his wife Sally, his two sons and his father. Six weeks before the scheduled trial, the insurance company for Snowtrails added insult to injury when they offered a mere $25,000.00 to settle the case.

Mr Kegley was 54 years old at the time of his death and had been working at General motors most of his adult life. Co=workers testified that he was a tremendous asset and tireless worker.

by Anthony Castelli attorney www.castellilaw.com

Ohio Attorneys Must Discuss Six things with Clients

2007-04-01T21:16:00.000-07:00

The new code of professional responsibility for lawyers mandates that they discuss Six things with clients.

1 The nature and scope of the representation.

An example could be " I will represent you in you car accident claim against the party that caused the accident to seek fair compensation for your injuries.

2 The basis or rate of the fees and expenses.

With regard to contingent fees this must be in writing and a closing statement provided and signed by the attorney and client.

3 The means to accomplish the client's objective.

Thus in a personal injury case you need to discuss how you will accomplish a monetary recovery and alternative dispute resolution should be discussed.

4. The status of the matter

You must make an affirmative effort to let the client know what you are doing and promptly return attempts by the client for communication.

5 Information to help the client make informed decisions

When settlement negotiations start it is always a good idea to research prior jury verdicts so the potential evaluation can be made .

6. Decisions requiring the clients's informed consent.

The advice and the waiver often must be in writing.

The new rules stress clent communication . Always a good idea.

anthony Castelli accident and injury attorney offers free consumer information for personal injury victims at www.castellilaw.com or you are invited to contact Anthony for a free initial consult