The Association of trial lawyers of America recently changed its name to American Association for Justice. This group is comprised of attorneys who primarily represent injured people. Victims of car accidents, malpractice and other negligent conduct.
For several decades , proponents of civil justice restriction ( those that would put a catastrophically injured person on the welfare role as the taxpayer's burden rather than have them recover full and fair compensation from insurance companies) have engaged in a well funded campaign to eliminate the rights of individuals to hold wrongdoers accountable.
The president of the organization wrote that the purpose of the name change was not to hide who we are, but to focus on reframing the debate in the fight against those who would erode our personal and civil rights. Changing the organization's name changed the focus from who we are , to what we are fighting for.
We believe that everyone is equal in the eyes of the law and posseses an innate power to right wrongs and hold wrongdoers accountable for their actions. " We hold these truths to be self evident that all men are created equal and are entitled to life, liberty and the pursuit of happiness. "
Yes I am proud to be a trial lawyer fighting for my clients . Some days I feel like a paper pusher, but many days I feel like I can and do make a difference, fighting big insurance, fighting government bureaucracy , fighting the workers compensation system.
I'm in this right with my clients, as I'm like most plaintiff's lawyers that work on a contingency fee. If there is no recovery for my client then there is no recovery for me.
by Anthony Castelli Greater Cincinnati accident and injury attorney. Anthony offers free initial consultations www.castellilaw.com 621-2345 Call him today if you have been injured by the fault of another, or on the job or have been denied social security disability.
Sunday, March 18, 2007
Thursday, March 8, 2007
Ron Major Prominent Cincinnati Attorney Turns 60
Ron Major a great Cincinnati Accident and Injury Attorney turned 60 today. Although its hard to believe he has reached that age milestone so quickly, its fortunate that now 60 is the new 40. Ron is certainly proof of that.
Ron had many accomplishments as a trial attorney with many great werdicts. Ron tried a case where a young boy was killed after getting off one bus and being struck by another. The defense posed this as a child dart out case and scoffed at Ron. Through hard work and dogged determiation Ron won a verdict for the family. I'm sure Ron would have given up the verdict if he could have brought the young boy back. However Ron provided to the family the only thing a great trial lawyer can do , a measure of justice for the family and some closure for them.
I also had the priviledge of co-counseling with Ron the Bowlng v Heil case that was a landmark decision in its time. This was a virtually unwinnable case, where a young man had placed his body under the a raised dump bed that fell on him when he touched an unguarded actuating device. Ron pulled off one of the best cross examinations of a defense expert that I had ever seen. This surely tipped the scales of justice in favor of a verdict for the widow and five young children.
Those two weeks in trial holed up in a motel in hamilton always bring back great memories.
Ron had many more verdicts in his career that really meant something in people's lives . Unfortunately Ron had a severe heart attack and because of the damage to his heart had to give up trial work. Fortunately Ron has continued to practice law and has turned himself into one of the best private mediators in the Tri-State area.
Ron success in life is not just professional but reaches every aspect of his life. He is a loving husband to his beautiful wife Karen, a great father to his children and a great grandad to his grandchildren. Ron is universally respected and liked by his peers.
Ron attributes are many, his intellect , his dogged preparation, his love of people and his great sense of humour are just a few of the qualities that make Ron tick.
I learned a lot from Ron as a young lawyer and will be forever greatful for how he took me under his wing when I was fresh out of law school. He got me involved in the legal community with some great "young lawyers".
Ron's email address tells yet another side of Ron . (born2ron). Ron has a passion for music that he shares with his friends. Ron loves rock and roll.
So put another song on the juke box baby.
and have a great birthday and many more.
Tony
Tuesday, March 6, 2007
Cincinnati Car Acccident Claims Attorneys
If you are injured in a car accident in the Greater Cincinnati area there is a good likelihood that the liability carrier (the insurance company for the person that caused your injury) will be Progressive , State Farm or Allstate insurance company.
These companies do a lot of advertising in this area . Allstate has no one in the area to adjust claims and you will be dealing with someone from out of town . Allstate's strategy is often to make walkaway offers. They give low offers and hope that you will take it instead of hiring an attorney.They may tell you this is the most you will get . However in some cases , the right case factually , this may not be true.
Although you may have to take a case to trial to get what your case is worth it may be well worth it. Anthony Castelli represented a young lady ,30 years old, who was given a low ball offer by allstate . Approximately $3500. The case went to arbitration and the arbitrators awarded her $15000.00. Allstate appealed. So now it was necessary to have a trial .
New evidence was adduced of a more serious problem in the lady's neck ,but allstate just hired a doctor to give testimony against the lady. The jury awarded over $80,000.00 and allstate only had $25000 of insurance coverage but agreed to pay the whole verdict plus an additional amount for prejudgement interest, because they feared another claim could be brought against them for bad faith.
Every case does not have this happy ending and in some cases Allstates' offer is comparable to what a jury would award. But how is the layman too know what to do . The best thing you can do before you sign away your rights for less that you desreve is to consultwith an experienced personal injury attorney and find out what they suggest.
Anthony Castelli offers free initial consultations and invites you to call him today before its too late. Call 513-621-2345 for a free no cost no obligation consult. www.castellilaw.com
These companies do a lot of advertising in this area . Allstate has no one in the area to adjust claims and you will be dealing with someone from out of town . Allstate's strategy is often to make walkaway offers. They give low offers and hope that you will take it instead of hiring an attorney.They may tell you this is the most you will get . However in some cases , the right case factually , this may not be true.
Although you may have to take a case to trial to get what your case is worth it may be well worth it. Anthony Castelli represented a young lady ,30 years old, who was given a low ball offer by allstate . Approximately $3500. The case went to arbitration and the arbitrators awarded her $15000.00. Allstate appealed. So now it was necessary to have a trial .
New evidence was adduced of a more serious problem in the lady's neck ,but allstate just hired a doctor to give testimony against the lady. The jury awarded over $80,000.00 and allstate only had $25000 of insurance coverage but agreed to pay the whole verdict plus an additional amount for prejudgement interest, because they feared another claim could be brought against them for bad faith.
Every case does not have this happy ending and in some cases Allstates' offer is comparable to what a jury would award. But how is the layman too know what to do . The best thing you can do before you sign away your rights for less that you desreve is to consultwith an experienced personal injury attorney and find out what they suggest.
Anthony Castelli offers free initial consultations and invites you to call him today before its too late. Call 513-621-2345 for a free no cost no obligation consult. www.castellilaw.com
Sunday, March 4, 2007
Personal Injury Claim Pitfall Subrogation
Following an injury or loss of life resulting from a workplace
accident, automobile accident, medical malpractice, or other such
incident, the injured party may attempt to obtain fair and full
compensation from the wrongdoer for costs incurred as a result of
the injuries. If and when the injured party receives a
settlement, that individual’s insurance company demands its
money back first, to recoup its costs in paying the medical bills of
the injured party. This concept is called subrogation, and it occurs
regardless of whether the injured party is made whole.
Trial lawyers support efforts to protect families against greedy
insurance companies.
In N. Buckeye EducationCouncil Group Benefits Plan
v. Lawson (2004), the OhioSupreme Court, in a 4-3
decision, allowed health insurance companies to
continue to write their form contracts so that the
companies are fully reimbursed first, before the
injured person can collect one penny and regardless of
whether the end result to thevictim was fair.
Under the Lawson decision, the industry doubles its
revenue by collecting premiums from all insured
individuals and claiming all of the compensation granted
to an injured individual. It allows insurance companies
to take every dollar that an injured person receives from
any settlement, putting their profits ahead of injured
individuals.
The Lawson decisionoverturned 125 years of
legal history holding that it was against
Ohio’s public policy to rant insurance
companies first priorityover the victim,
especially when the victim is not made
whole; that is to say, notfairly or fully
compensated.
House Bill 555, sponsored by Rep. Scott Oelslager (RCanton),
will level the playing field between injured victims
and insurance companies by establishing fairness and equity.
House Bill 555 establishes a pro-rata formula for subrogated
claims. This formula is modeled after the effective workers’
compensation statute, which passed with bipartisan support
in the 124th General Assembly.
This solution will ensure that both the victim and the insurance
company negotiate a fair division of the recovery, rather than
allow the insurance company to receive everything.
A skilled lawyer can still make arguements that can potetially lower the amount you have to repay your medical insurer. But if you deal with the insurance company for the person that caused your injury by yourself their is high likelihood you will have to pay the whole amount back.
If you would like more information contact Anthony Castelli Attorney for a free no obligation consultation. 621-2345 www.castellilaw.com
accident, automobile accident, medical malpractice, or other such
incident, the injured party may attempt to obtain fair and full
compensation from the wrongdoer for costs incurred as a result of
the injuries. If and when the injured party receives a
settlement, that individual’s insurance company demands its
money back first, to recoup its costs in paying the medical bills of
the injured party. This concept is called subrogation, and it occurs
regardless of whether the injured party is made whole.
Trial lawyers support efforts to protect families against greedy
insurance companies.
In N. Buckeye EducationCouncil Group Benefits Plan
v. Lawson (2004), the OhioSupreme Court, in a 4-3
decision, allowed health insurance companies to
continue to write their form contracts so that the
companies are fully reimbursed first, before the
injured person can collect one penny and regardless of
whether the end result to thevictim was fair.
Under the Lawson decision, the industry doubles its
revenue by collecting premiums from all insured
individuals and claiming all of the compensation granted
to an injured individual. It allows insurance companies
to take every dollar that an injured person receives from
any settlement, putting their profits ahead of injured
individuals.
The Lawson decisionoverturned 125 years of
legal history holding that it was against
Ohio’s public policy to rant insurance
companies first priorityover the victim,
especially when the victim is not made
whole; that is to say, notfairly or fully
compensated.
House Bill 555, sponsored by Rep. Scott Oelslager (RCanton),
will level the playing field between injured victims
and insurance companies by establishing fairness and equity.
House Bill 555 establishes a pro-rata formula for subrogated
claims. This formula is modeled after the effective workers’
compensation statute, which passed with bipartisan support
in the 124th General Assembly.
This solution will ensure that both the victim and the insurance
company negotiate a fair division of the recovery, rather than
allow the insurance company to receive everything.
A skilled lawyer can still make arguements that can potetially lower the amount you have to repay your medical insurer. But if you deal with the insurance company for the person that caused your injury by yourself their is high likelihood you will have to pay the whole amount back.
If you would like more information contact Anthony Castelli Attorney for a free no obligation consultation. 621-2345 www.castellilaw.com
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