Holiday Season filled with Sadness for Some

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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