CINCINNATI PERSONAL INJURY ATTORNEY

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