Probably every attorney that focuses on personal injury cases has at least one horror story to tell. Although the insurance company may change the theme is the same. Injury victims signing a release for well less than what their case is worth and wanting to get out of it. Below is a link to a great California accident and motorcycle attorney that tells the sad tale.
http://www.bikerlawblog.com/index/don_t_be_a_fool_if_you_have_are_involved#comments
Thursday, December 25, 2008
What Do Car Accident Attorneys Do Why Hire one
You have been in a car accident and were hurt. Why hire an attorney experienced in car accident injuries you ask. Especially now that you have already talked with the insurance adjustor and they have told you not to call one, since the attorney will take 1/3 of your recovery.
Let me ask you these questions and by answering them you can decide.
Do you know what amount of money is unfair in your case?
Do you want to collect all the evidence?
Would you prefer the insurance company to get whatever medical records they want and talk to your doctors behind your back?
Would you like incorrect or inadequate information given out from your medical providers without it being corrected?
Do you want to make critical mistakes that lessen the value of your case?
Do you want to negotiate your case from weakness with no alternative but to take what the insurance company offers since you will have no one to fight for you and file a law suit if necessary
When the insurance company offers you an amount and says that's all you get do you want to be stuck taking it?
Do you want to do all the leg work yourself without even knowing what is important?
Do you want to rely on the insurance company for advice when their interests is to pay you as little as possible.
Do you want to spend hours on the legal aspects of your case.
Do you want to wait weeks to have the adjustor call you back.
Do you want to wait too long to settle your case and file suit and loose everything.
Do you want to document all of your medical bills , medical records and all your injuries completely and precisely.
Do you want to collect all the benefits you are entitled.
Hopefully in life you get what you pay for. Normally car accident attorneys work on a contingent fee. So the good ones are results oriented. The more they get for you the more they get for themselves. Not every case merits a good car accident attorney. Some cases are just too small with very little injury , so there is very little compensation to obtain with or without an attorney.
The important thing is to hire a good experienced car accident attorny, one that is willing to go to trial if necessary, and the insurance company knows this. In my opinion that is the best way to ensure you get full and complete compensation.
by Anthony castelli cincinnati accident and injury www.castellilaw.com
Let me ask you these questions and by answering them you can decide.
Do you know what amount of money is unfair in your case?
Do you want to collect all the evidence?
Would you prefer the insurance company to get whatever medical records they want and talk to your doctors behind your back?
Would you like incorrect or inadequate information given out from your medical providers without it being corrected?
Do you want to make critical mistakes that lessen the value of your case?
Do you want to negotiate your case from weakness with no alternative but to take what the insurance company offers since you will have no one to fight for you and file a law suit if necessary
When the insurance company offers you an amount and says that's all you get do you want to be stuck taking it?
Do you want to do all the leg work yourself without even knowing what is important?
Do you want to rely on the insurance company for advice when their interests is to pay you as little as possible.
Do you want to spend hours on the legal aspects of your case.
Do you want to wait weeks to have the adjustor call you back.
Do you want to wait too long to settle your case and file suit and loose everything.
Do you want to document all of your medical bills , medical records and all your injuries completely and precisely.
Do you want to collect all the benefits you are entitled.
Hopefully in life you get what you pay for. Normally car accident attorneys work on a contingent fee. So the good ones are results oriented. The more they get for you the more they get for themselves. Not every case merits a good car accident attorney. Some cases are just too small with very little injury , so there is very little compensation to obtain with or without an attorney.
The important thing is to hire a good experienced car accident attorny, one that is willing to go to trial if necessary, and the insurance company knows this. In my opinion that is the best way to ensure you get full and complete compensation.
by Anthony castelli cincinnati accident and injury www.castellilaw.com
Sunday, December 21, 2008
Ten Worst Insurance Companies Revealed
If you have a claim with one of these insurance companies the American Association for Justice gives the opinion that these ten insurance companies are the most difficult to deal with. I have reprinted excerpts from the report they published.
Of course if your claim is with another insurance company you still may have a difficult time getting a fair offer.
The Ten Worst Insurance Companies in America
How They Raise Premiums, Deny Claims, and Refuse Insurance to Those Who Need it Most
To identify the worst insurance companies for consumers,
researchers at the American Association for Justice (AAJ)
undertook a comprehensive investigation of thousands of
court documents, SEC and FBI records, state insurance
department investigations and complaints, news accounts
from across the country, and the testimony and depositions
of former insurance agents and adjusters. Our final
list includes companies across a range of different insurance
fields, including homeowners and auto insurers,
health insurers, life insurers, and disability insurers.
Allstate—The Worst Insurance Company
One company stood out above all others. Allstate’s concerted
efforts to put profits over policyholders has earned
its place as the worst insurance company in America.
According to CEO Thomas Wilson, Allstate’s mission is
clear: “our obligation is to earn a return for our shareholders.”
Unfortunately, that dedication to shareholders
has come at the expense of policyholders.
The company that publicly touts its “good hands” approach privately
instructs agents to employ a “boxing gloves” strategy
against its own policyholders.1 In the words of former
Allstate adjuster Jo Ann Katzman, “We were told to lie by
our supervisors—it’s tough to look at people and know
you’re lying.”
The Insurance Industry’s Wealth
• The insurance industry has so much excess cash it may
spark a downturn in the industry. According to analysts
at Standards & Poor’s, U.S. insurers are sitting on
too much capital, and will likely endure at least three
years of negative performance as a result.
The Ten Worst Insurance companies
1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. WellPoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual
• The U.S. insurance industry takes in over $1 trillion in
premiums annually.3 It has $3.8 trillion in assets, more
than the GDPs of all but two countries in the world
(United States and Japan).
• Over the last 10 years, the property/casualty insurance
industry has enjoyed average profits of over $30 billion
a year. The life and health side of the insurance industry
has averaged another $30 billion.
• The CEOs of the top 10 property/casualty firms earned
an average $8.9 million in 2007. The CEOs of the top
10 life and health insurance companies earned even
more—an average $9.1 million. And for the entire
industry, the median insurance CEO’s cash compensation
still leads all industries at $1.6 million per year.
Profits Over Policyholders
But some companies have discovered that they can make
more money by simply paying out less. As a senior executive
at the National Association of Insurance
Commissioners (NAIC), the group representing those
who are supposed to oversee the industry, said, “The bottom
line is that insurance companies make money when
they don’t pay claims.”
One example is Ethel Adams, a 60-year-old woman left
in a coma and seriously injured after a multi-vehicle crash
in Washington State. Her insurance company, Farmers,
decided the other driver had acted intentionally and
denied her claim, contending that an intentional act is
not an accident. Another example is Debra Potter, who
for years sold Unum’s disability policies until she herself
became disabled and had to stop working. All along,
Potter thought she was helping people protect their
future, but when her own time of need came, she was
told her multiple sclerosis was “self reported” and her
claim denied—by Unum, the very company whose policies she has sold.
In cases like these, and countless others, the name of
the game is deny, delay, defend—do anything, in fact, to
avoid paying claims. For companies like Allstate, there are
corporate training manuals explaining how to avoid payments,
portable fridges awarded to adjusters who deny the
most claims, and pizza for parties to shred documents.
ALLSTATE
CEO: Thomas Wilson
2007 compensation $10.7 million
(predecessor Edward Liddy made
$18.8 million in compensation and an
additional $25.4 million in retirement
benefits)
HQ: Northbrook, IL
Profits: $4.6 billion (2007)
Assets: $156.4 billion
There is no greater poster child for insurance industry
greed than Allstate. According to CEO Thomas Wilson,
Allstate’s mission is clear: “our obligation is to earn a
return for our shareholders.”9 Unfortunately, that dedication
to shareholders has come at a price. According to
investigations and documents Allstate was forced to
make public, the company systematically placed profits
over its own policyholders. The company that publicly
touts its “good hands” approach privately instructs
agents to employ a hardball “boxing gloves” strategy against its own policyholders.
Allstate’s confrontational attitude towards its own policyholders
was the brain child of consulting giant McKinsey
& Co. in the mid-1990s.McKinsey was tasked with developing
a way to boost Allstate’s bottom line.11 McKinsey
recommended Allstate focus on reducing the amount of
money it paid in claims, whether or not they were valid.
When it adopted these recommendations, Allstate made a
deliberate decision to start putting profits over policyholders.
The company essentially uses a combination of lowball
offers and hardball litigation.When policyholders file a
claim, they are often offered an unjustifiably low payment
for their injuries, generated by Allstate using secretive
claim-evaluation software called Colossus. Those that
accept the lowballed settlements are treated with “good
hands” but may be left with less money than they need to
cover medical bills and lost wages. Those that do not settle
frequently get the “boxing gloves”: an aggressive litigation
strategy that aims to deny the claim at any cost.
Former Allstate employees call it the “three Ds”: deny,
delay, and defend. One particular powerpoint slide
McKinsey prepared for Allstate featured an alligator and
the caption “sit and wait”—emphasizing that delaying
claims will increase the likelihood that the claimant gives
up. According to former Allstate agent Shannon Kmatz,
this would make claims “so expensive and so time consuming
that lawyers would start refusing to help clients."
Former Allstate adjusters say they were rewarded for
keeping claims payments low, even if they had to deceive
their customers. Adjusters who tried to deny fire claims by
blaming arson were rewarded with portable fridges,
according to former Allstate adjuster Jo Ann Katzman.
“We were told to lie by our supervisors. It’s tough to look
at people and know you’re lying.”14
Complaints filed against Allstate are greater than
almost all of its major competitors, according to data collected
by the NAIC.15 In Maryland, regulators imposed the
largest fine in state history on Allstate for raising premiums
and changing policies without notifying policyholders.
Allstate ultimately paid $18.6 million to Maryland
consumers for the violations.16 In Texas earlier this year,
Allstate agreed to pay more than $70 million after insurance
regulators found the company had been overcharging
homeowners throughout the state.
After Hurricane Katrina, the Louisiana Department of
Insurance received more complaints against Allstate—
1,200—than any other insurance company, and nearly
twice as many as the approximately 700 it received about
State Farm—despite the fact that its rival had a bigger
share of the homeowners market.
Similarly, in 2003, a series of wildfires devastated
Southern California, destroying over 2,000 homes near
San Diego alone and killing 15 people. State insurance
regulators received over 600 complaints about Allstate and
other companies’ handling of claims.19
Allstate says the changes in claims resolution tactics
were only about efficiency.20 However, the company’s former
CEO, Jerry Choate, admitted in 1997 that the company
had reduced payments and increased profit, and said,
“the leverage is really on the claims side. If you don’t win
there, I don’t care what you do on the front end. You’re not going to win."
For four years, Allstate refused to give up copies of the
McKinsey documents, even when ordered to do so repeatedly
by courts and state regulators. In court filings, the
company described its refusal as “respectful civil disobedience.”
22 In Florida, regulators finally lost their patience
after Allstate executives arrived at a hearing without documents
they had been subpoenaed to bring. Only after
Allstate was suspended from writing new business did the
company, in April 2008, finally agree to produce some
150,000 documents relating to its claim review practices.23
Still, some commentators believe many critical documents
were missing.
Allstate’s “boxing gloves” strategy boosted its bottom
line. The amount Allstate paid out in claims dropped
from 79 percent of its premium income in 1996 to just 58
percent ten years later.25 In auto claims, the payouts
dropped from 63 percent to just 47 percent.26 Allstate saw
$4.6 billion in profits in 2007, more than double the level
of profits it experienced in the 1990s.
In fact the company is so awash in cash that it began buying back $15 billion
worth of its own stock, despite the fact that the company
was simultaneously threatening to reduce coverage of
homeowners because of risk of weather-related losses.27
Despite its treatment of policyholders, Allstate’s recent
corporate strategy has focused on identifying and retaining
loyal customers, those who are more likely to stay with
the company and not shop around.
The target demographic as former Allstate CEO Edward Liddy said, is
“lifetime value customers who buy more products and
stay with us for a longer period of time. That’s Nirvana
for an insurance company.”
Loyalty only runs one way, however.While Allstate
focuses on customers who will stick with it for the long
haul, the company is systematically withdrawing from
entire markets. Allstate or its affiliates have stopped writing
home insurance in Delaware, Connecticut, and
California, as well as along the coasts of many states,
including Maryland and Virginia.
In Louisiana, Allstate has repeatedly tried to dump its
policyholders. In 2007, the company tried to drop 5,000
customers just days after the expiration of an emergency
rule preventing insurance companies from canceling customers
hit by Katrina. Allstate dropped them for allegedly
not showing intent to repair their properties. After an
investigation by the Louisiana Insurance Department,
Insurance Commissioner Jim Donelon said, “[A]t best, it
was a very ill-conceived and sloppy inspection program.
At worst, they wanted off of those properties.”30 Allstate
also used an apparent loophole in the law by offering its
policyholders a “coverage enhancement” which the company
would later argue was a new policy, and thus exempt
from non-renewal protection.
In Florida, Allstate has dropped over 400,000 homeowners
since 2004.32 The move has landed Allstate in trouble
with regulators because the company appears to be
keeping customers if they also have an auto insurance
policy with Allstate. Florida law prohibits the sale of one
type of insurance to a customer based on their purchase
of another line of coverage.33 Allstate officials have
acknowledged that most of the 95,000 customers nonrenewed
in 2005 and 2006 were homeowners-only customers.
The company ran afoul of regulators in New York
for the same reason, and was forced to discontinue the
practice.
In California, while other major homeowner insurers,
including State Farm and Farmers, agreed to cut rates,
Allstate demanded double-digit rate increases in what the
former insurance commissioner described as an “exit
strategy.” John Garamendi, now the Lieutenant Governor,
said, “[T]hey’ve said they want to get out of the homeowners
business in a market that is competitive, healthy
and profitable.”
Consumer advocates have also complained that Allstate
put an ambiguous provision in homeowners’ policies that
may have deceived some policyholders into thinking they
had coverage for wind damage when they did not. Socalled
“anti-concurrent-causation” clauses state that wind and rain damage—
damage covered under the policy—
is excluded if significant flood damage occurs as well.
Therefore, those with policies covering wind and rain damage
and “hurricane deductibles” still faced the prospect of
learning, only after a catastrophic loss, that they had no
coverage.36 In 2007, then U.S. Senator Trent Lott sponsored
legislation requiring insurers provide “plain English” summaries
of what was and what was not covered in order to
stop this kind of abuse. “They don’t want you to know
what you really have covered,” said Lott.
The complete article can be provided on request and is reprinted from the american association for justice
Of course if your claim is with another insurance company you still may have a difficult time getting a fair offer.
The Ten Worst Insurance Companies in America
How They Raise Premiums, Deny Claims, and Refuse Insurance to Those Who Need it Most
To identify the worst insurance companies for consumers,
researchers at the American Association for Justice (AAJ)
undertook a comprehensive investigation of thousands of
court documents, SEC and FBI records, state insurance
department investigations and complaints, news accounts
from across the country, and the testimony and depositions
of former insurance agents and adjusters. Our final
list includes companies across a range of different insurance
fields, including homeowners and auto insurers,
health insurers, life insurers, and disability insurers.
Allstate—The Worst Insurance Company
One company stood out above all others. Allstate’s concerted
efforts to put profits over policyholders has earned
its place as the worst insurance company in America.
According to CEO Thomas Wilson, Allstate’s mission is
clear: “our obligation is to earn a return for our shareholders.”
Unfortunately, that dedication to shareholders
has come at the expense of policyholders.
The company that publicly touts its “good hands” approach privately
instructs agents to employ a “boxing gloves” strategy
against its own policyholders.1 In the words of former
Allstate adjuster Jo Ann Katzman, “We were told to lie by
our supervisors—it’s tough to look at people and know
you’re lying.”
The Insurance Industry’s Wealth
• The insurance industry has so much excess cash it may
spark a downturn in the industry. According to analysts
at Standards & Poor’s, U.S. insurers are sitting on
too much capital, and will likely endure at least three
years of negative performance as a result.
The Ten Worst Insurance companies
1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. WellPoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual
• The U.S. insurance industry takes in over $1 trillion in
premiums annually.3 It has $3.8 trillion in assets, more
than the GDPs of all but two countries in the world
(United States and Japan).
• Over the last 10 years, the property/casualty insurance
industry has enjoyed average profits of over $30 billion
a year. The life and health side of the insurance industry
has averaged another $30 billion.
• The CEOs of the top 10 property/casualty firms earned
an average $8.9 million in 2007. The CEOs of the top
10 life and health insurance companies earned even
more—an average $9.1 million. And for the entire
industry, the median insurance CEO’s cash compensation
still leads all industries at $1.6 million per year.
Profits Over Policyholders
But some companies have discovered that they can make
more money by simply paying out less. As a senior executive
at the National Association of Insurance
Commissioners (NAIC), the group representing those
who are supposed to oversee the industry, said, “The bottom
line is that insurance companies make money when
they don’t pay claims.”
One example is Ethel Adams, a 60-year-old woman left
in a coma and seriously injured after a multi-vehicle crash
in Washington State. Her insurance company, Farmers,
decided the other driver had acted intentionally and
denied her claim, contending that an intentional act is
not an accident. Another example is Debra Potter, who
for years sold Unum’s disability policies until she herself
became disabled and had to stop working. All along,
Potter thought she was helping people protect their
future, but when her own time of need came, she was
told her multiple sclerosis was “self reported” and her
claim denied—by Unum, the very company whose policies she has sold.
In cases like these, and countless others, the name of
the game is deny, delay, defend—do anything, in fact, to
avoid paying claims. For companies like Allstate, there are
corporate training manuals explaining how to avoid payments,
portable fridges awarded to adjusters who deny the
most claims, and pizza for parties to shred documents.
ALLSTATE
CEO: Thomas Wilson
2007 compensation $10.7 million
(predecessor Edward Liddy made
$18.8 million in compensation and an
additional $25.4 million in retirement
benefits)
HQ: Northbrook, IL
Profits: $4.6 billion (2007)
Assets: $156.4 billion
There is no greater poster child for insurance industry
greed than Allstate. According to CEO Thomas Wilson,
Allstate’s mission is clear: “our obligation is to earn a
return for our shareholders.”9 Unfortunately, that dedication
to shareholders has come at a price. According to
investigations and documents Allstate was forced to
make public, the company systematically placed profits
over its own policyholders. The company that publicly
touts its “good hands” approach privately instructs
agents to employ a hardball “boxing gloves” strategy against its own policyholders.
Allstate’s confrontational attitude towards its own policyholders
was the brain child of consulting giant McKinsey
& Co. in the mid-1990s.McKinsey was tasked with developing
a way to boost Allstate’s bottom line.11 McKinsey
recommended Allstate focus on reducing the amount of
money it paid in claims, whether or not they were valid.
When it adopted these recommendations, Allstate made a
deliberate decision to start putting profits over policyholders.
The company essentially uses a combination of lowball
offers and hardball litigation.When policyholders file a
claim, they are often offered an unjustifiably low payment
for their injuries, generated by Allstate using secretive
claim-evaluation software called Colossus. Those that
accept the lowballed settlements are treated with “good
hands” but may be left with less money than they need to
cover medical bills and lost wages. Those that do not settle
frequently get the “boxing gloves”: an aggressive litigation
strategy that aims to deny the claim at any cost.
Former Allstate employees call it the “three Ds”: deny,
delay, and defend. One particular powerpoint slide
McKinsey prepared for Allstate featured an alligator and
the caption “sit and wait”—emphasizing that delaying
claims will increase the likelihood that the claimant gives
up. According to former Allstate agent Shannon Kmatz,
this would make claims “so expensive and so time consuming
that lawyers would start refusing to help clients."
Former Allstate adjusters say they were rewarded for
keeping claims payments low, even if they had to deceive
their customers. Adjusters who tried to deny fire claims by
blaming arson were rewarded with portable fridges,
according to former Allstate adjuster Jo Ann Katzman.
“We were told to lie by our supervisors. It’s tough to look
at people and know you’re lying.”14
Complaints filed against Allstate are greater than
almost all of its major competitors, according to data collected
by the NAIC.15 In Maryland, regulators imposed the
largest fine in state history on Allstate for raising premiums
and changing policies without notifying policyholders.
Allstate ultimately paid $18.6 million to Maryland
consumers for the violations.16 In Texas earlier this year,
Allstate agreed to pay more than $70 million after insurance
regulators found the company had been overcharging
homeowners throughout the state.
After Hurricane Katrina, the Louisiana Department of
Insurance received more complaints against Allstate—
1,200—than any other insurance company, and nearly
twice as many as the approximately 700 it received about
State Farm—despite the fact that its rival had a bigger
share of the homeowners market.
Similarly, in 2003, a series of wildfires devastated
Southern California, destroying over 2,000 homes near
San Diego alone and killing 15 people. State insurance
regulators received over 600 complaints about Allstate and
other companies’ handling of claims.19
Allstate says the changes in claims resolution tactics
were only about efficiency.20 However, the company’s former
CEO, Jerry Choate, admitted in 1997 that the company
had reduced payments and increased profit, and said,
“the leverage is really on the claims side. If you don’t win
there, I don’t care what you do on the front end. You’re not going to win."
For four years, Allstate refused to give up copies of the
McKinsey documents, even when ordered to do so repeatedly
by courts and state regulators. In court filings, the
company described its refusal as “respectful civil disobedience.”
22 In Florida, regulators finally lost their patience
after Allstate executives arrived at a hearing without documents
they had been subpoenaed to bring. Only after
Allstate was suspended from writing new business did the
company, in April 2008, finally agree to produce some
150,000 documents relating to its claim review practices.23
Still, some commentators believe many critical documents
were missing.
Allstate’s “boxing gloves” strategy boosted its bottom
line. The amount Allstate paid out in claims dropped
from 79 percent of its premium income in 1996 to just 58
percent ten years later.25 In auto claims, the payouts
dropped from 63 percent to just 47 percent.26 Allstate saw
$4.6 billion in profits in 2007, more than double the level
of profits it experienced in the 1990s.
In fact the company is so awash in cash that it began buying back $15 billion
worth of its own stock, despite the fact that the company
was simultaneously threatening to reduce coverage of
homeowners because of risk of weather-related losses.27
Despite its treatment of policyholders, Allstate’s recent
corporate strategy has focused on identifying and retaining
loyal customers, those who are more likely to stay with
the company and not shop around.
The target demographic as former Allstate CEO Edward Liddy said, is
“lifetime value customers who buy more products and
stay with us for a longer period of time. That’s Nirvana
for an insurance company.”
Loyalty only runs one way, however.While Allstate
focuses on customers who will stick with it for the long
haul, the company is systematically withdrawing from
entire markets. Allstate or its affiliates have stopped writing
home insurance in Delaware, Connecticut, and
California, as well as along the coasts of many states,
including Maryland and Virginia.
In Louisiana, Allstate has repeatedly tried to dump its
policyholders. In 2007, the company tried to drop 5,000
customers just days after the expiration of an emergency
rule preventing insurance companies from canceling customers
hit by Katrina. Allstate dropped them for allegedly
not showing intent to repair their properties. After an
investigation by the Louisiana Insurance Department,
Insurance Commissioner Jim Donelon said, “[A]t best, it
was a very ill-conceived and sloppy inspection program.
At worst, they wanted off of those properties.”30 Allstate
also used an apparent loophole in the law by offering its
policyholders a “coverage enhancement” which the company
would later argue was a new policy, and thus exempt
from non-renewal protection.
In Florida, Allstate has dropped over 400,000 homeowners
since 2004.32 The move has landed Allstate in trouble
with regulators because the company appears to be
keeping customers if they also have an auto insurance
policy with Allstate. Florida law prohibits the sale of one
type of insurance to a customer based on their purchase
of another line of coverage.33 Allstate officials have
acknowledged that most of the 95,000 customers nonrenewed
in 2005 and 2006 were homeowners-only customers.
The company ran afoul of regulators in New York
for the same reason, and was forced to discontinue the
practice.
In California, while other major homeowner insurers,
including State Farm and Farmers, agreed to cut rates,
Allstate demanded double-digit rate increases in what the
former insurance commissioner described as an “exit
strategy.” John Garamendi, now the Lieutenant Governor,
said, “[T]hey’ve said they want to get out of the homeowners
business in a market that is competitive, healthy
and profitable.”
Consumer advocates have also complained that Allstate
put an ambiguous provision in homeowners’ policies that
may have deceived some policyholders into thinking they
had coverage for wind damage when they did not. Socalled
“anti-concurrent-causation” clauses state that wind and rain damage—
damage covered under the policy—
is excluded if significant flood damage occurs as well.
Therefore, those with policies covering wind and rain damage
and “hurricane deductibles” still faced the prospect of
learning, only after a catastrophic loss, that they had no
coverage.36 In 2007, then U.S. Senator Trent Lott sponsored
legislation requiring insurers provide “plain English” summaries
of what was and what was not covered in order to
stop this kind of abuse. “They don’t want you to know
what you really have covered,” said Lott.
The complete article can be provided on request and is reprinted from the american association for justice
Sunday, November 23, 2008
Cincinnati Personal Injury Attorney Web Site Has Free Articles for Injury Victims
Anthony Castelli has mainted a persoanl injury, car accident , motorcycle accident and workers compensation for over five years. The focus of the web site is to provide free education materials to help injury and accident victms and workers compensation claimants to learn about their rieghts.
Most importantly it provides easy to understand articles so that injury victims know what steps to take so that they receive full compensation for their injuries. Many people injured in car accidents take only the "advice" of the insurance company of the person that caused their injury. This is taking advice from the "enemy" as insurance seeks to pay you as little as possible. But many people don't know what to do, and are afraid to seek the advice of an attorney since they fear what an attorney will cost them.
The truth is that great personal injury attorneys do not bill on an hourly basis. Thet will take your case on a contingency fee. They only get a fee if they are succesful in obtaining a recovery for you. Plus they will gladly talk to you over the phone or in person at no charge to help you determine if you have a case and whether it is worth it to you and to them to hire an attorney.
If a lawyer takes your case he has every incentive to get you as much as possible. One because its his sworn duty, and two because the more he recovers the larger his fee will be. This is just the opposite if what the insurance company tries to do. they have every incentive to pay you as little as possible so their shareholders prosper.
So take a look at www.castellilaw.com to learn about your rights and how to protects them.
I am glad to take your call at no charge so we can discuss what you should do and if i can help.
by Anthony Castelli cincinnati personal injury and car accident attorney
Most importantly it provides easy to understand articles so that injury victims know what steps to take so that they receive full compensation for their injuries. Many people injured in car accidents take only the "advice" of the insurance company of the person that caused their injury. This is taking advice from the "enemy" as insurance seeks to pay you as little as possible. But many people don't know what to do, and are afraid to seek the advice of an attorney since they fear what an attorney will cost them.
The truth is that great personal injury attorneys do not bill on an hourly basis. Thet will take your case on a contingency fee. They only get a fee if they are succesful in obtaining a recovery for you. Plus they will gladly talk to you over the phone or in person at no charge to help you determine if you have a case and whether it is worth it to you and to them to hire an attorney.
If a lawyer takes your case he has every incentive to get you as much as possible. One because its his sworn duty, and two because the more he recovers the larger his fee will be. This is just the opposite if what the insurance company tries to do. they have every incentive to pay you as little as possible so their shareholders prosper.
So take a look at www.castellilaw.com to learn about your rights and how to protects them.
I am glad to take your call at no charge so we can discuss what you should do and if i can help.
by Anthony Castelli cincinnati personal injury and car accident attorney
Tuesday, October 28, 2008
Cincinnati Car Accident Attorney Now On Google Maps
Press Release Cincinnati, Ohio October 28, 2008
Anthony Castelli Cincinnati Car Accident and Personal Injury Attorney is pleased to announce he now can be found on Google maps. To access his Google Map type in your browser the words Cincinnati Car Accident Attorney . Anthony Castelli attorney should show in the google listings. Anthony Castelli Cincinnati Attorney can also be found in the organic listings.
Anthony Castelli car accident and personal injury attorney can also be found thruogh google local. Type in cincinnati personal injury attorneys amd Anthony Castelli Cincinnati car accident personal injury lawyer will also show up in the google local listing and the google organic listing. Anthony Castelli cincinnati attorney offers educational materials on his web site to educate car accident injury , motorcycle accident, motor vehicle accident, general personal injury , and workers compensation victims in the state of Ohio.
You can also search through yahoo firefox and most all of the seach engines and browsers.
Saturday, October 18, 2008
Cincinnatii Car Accident Attorney
I am pleased to announce the the Super Lawyers magazine has named me a super lawyer for 2009. Although this is a nice accollade for a car accident and personal injury lawyer like myself,there are many great lawyers for whatever reason do not get named a super lawyer. Possibly it is because they fly under the radar, quietly doing a great job for their clients. Face it, many lawyers like to call themselves personal injury lawyers or car accident lawyers. While no such specialty category actually exists, many attorneys qualify in my humble opinion by virtue of long experience and long service to their clients.
I would personally like to recognize my friend since law school Attorney Jim Pierce as one of the hardest working personal injury lawyers I know. I know this from experience having worked on several cases with Jim. I've also seen him in action with his clients. I have never seen an attorney more willing to go that extra mile for his clients than Jim Pierc. Jim is smart, savy and dedicated to detail. He treats every client as his best friend .
I'm very proud to have Jim Pierce as a friend. I highly recommend Jim as a super personal injury attorney.
By Anthony Castelli accident and injury attorney
Saturday, August 30, 2008
Personal Injury Trial Attorney Win
Anthony Castelli just completed a personal injury trial in the Court of Judge Victor Haddad in Clermont county common pleas courtroom. His client was injured when she was caused a rear end crash. His client was caused 21 months of low back lumbar injury.
She went to the emergency room later that day for headache. Four days later her low back started to affect her to the point that she went to the emergency room. Two months later she went to a chiropractor and several weeks later saw Dr. Valentin a physical medicine and rehabilitation specialist.
She went back to the doctor four months later and tried some physical therapy for a brief period. Dr Valentin suspeceted lumber facet syndrome and recommended burning the small nerve out of the small facet joints. She declined this treatment initiallly out of fear and went back to another chirpractor.
She had some relief but after just sitting for a period of time her back pain came back. She decided to undergo the short outpatient procedure and this solved her problem.
Amemican familiy insurance hired Dr Thomas Bender and he gave the opinion that she was better after 12 weeks and her ongoing back pain was due to preexisting arthritis that was documented to exist two year before her injury, despite she never had any back complaints of significance before the car accidnet. The arhritis was in the same place her back was bothering her after the car accident.
American Family defended the case by arguing that that plaintiff was not credible and dr. Bender was right.
Anthony Castelli proved that Dr bender had previously done 2000 exams for defense attorneys and 4-5 previously for american family. Dr Bender had been listed as their witness before ever eamining the plaintiff.
American Family asked the jury to award $5000 for the limited time of her injury.
The jury came back with a verdict of $25,000.00
The plaintiff was happy with the verdict and felt vindicated from the attack on her good name by the defendant.
Sometimes you have to fight big insurance to get fair compensation for you injurues. Anthony Castelli was inspired by his client who tried so hard to get better and was willing to fight big insurance all the way.
By Anthony Castelli car accident and personal injury lawyer. For more information
visit www.castellilaw.com
Friday, June 13, 2008
Warning For Motorcycle Riders Cincinnati
There is a very serious riding hazard that was located on southbound interstate 75 at the sharonville overpass area. There is construction going on in that area and the south bound lane was routed into a temporary lane where the berm used to be, In doing this the contractor covers over the yellow edge line marker with a black substance. This substance when wet is very slick compared to the road asphalt adjacent to it.
on May 7, 2008 a biker travelling south was caused to loose control by this slippery substance and crash. Before anything was done about it, on May 9th another biker was also caused to loose control and was killed when his bike slid on this substance and the crach caused him to stike the pavement.
At this time I do not know what this substance was made out of, or if it was approved by the Ohio dept of Transportation. I am in the process of inquiring of ODOT all information about this. So beware if you are funnelled into a tempory lane because you may be going over a very slippery area that will cause your wheel to slide out and possibly kill you.
If you know of anyone else that crashed their bike on interstate 75 southbound in the area of the sharonville overpass please call me at 621-2345 or 1-800-447-6549.
I am actively representing the deceased biker. So motorcycle riders beware of the potential for severe accident and injury.
by Anthony Castelli cincinnati accident and injury attorney
www.castellilaw.com
Saturday, May 24, 2008
MORE to LIfe Than Personal Injury Law Practice
Although I love my personal injury law practice and devote many hours to my clients I have another passion- coaching boys youth basketball.
I am a very demanding coach especially for the fifth grade level, but I tell every child I coach don't take my criticism personally because the bottom line is that I love these children. I want them to be the best they can be in basketball and in life. That means particlarly that they work hard and play hard and pay attention so they can learn the game.
I firmly believe they need to know what it means to give 100% effort and be disciplined to play the game the right way. They need to understand that basketball is a team game.
Of course they need to know that its not the end of the world when they make a mistake and understand that they have done a lot positive in the learning process. Every child needs to gain in confidence. For example if a child takes a good shot and misses they need to be encouraged to take that shot again , not yelled at for missing a shot.
One of my favorite players is a young man named Sam. Almost always he gives everything he's got. He probably is the smallest child on the team but when he gets the eye of the tiger- watch out- because he will play such great defense that it lifts the whole team.
I asked him to play on our school team that I coached 2 years ago. Last year in the CYO tournament he went in the game when things looked bleak and hounded the other teams best player into several turnovers that turned the game around and helped us win.
Just last week he ran back to half court and put himself between a long pass from the other team that could have turned the game around. A player that outweighed him by 40 pounds tried to run thru him to get the ball but Sam held his ground and was knocked to the ground. So instead of the other team scoring and turning the game around Sam literally saved the game by his hustle and court awareness.
I told Sam last week that I would mention him in my blog. But Sam, I still don't want you shooting those 3 pointers, but i can correctly state that every shot you have taken this spring has been a good one.
O yeh one more thing about Sam - he also hit a buzzer beater this season to win a game for us.
I'll never regret trading for Sam two years ago, I hope he doesn't regret being coached by me. He gives me and the team everything he has and doesn't back down from kids twice his size . He has the heart of a lion. He's a special young man.
So this blog dedicated to you Sam . Thanks Sam
coach tony
www.castellilaw.com
Friday, May 16, 2008
Neck and Back Injuriy From Car Accidents
Car accidents all too often can cause neck and/or back injuries. These injuries can be strains or sprains (a stretching or tearing of the muscles and ligaments) or worse.
Victims can develop bulging, protruding or herniated discs from car accidents. These terms are often used interchangeably by doctors. Some disc injuries can cause pinching of spinal nerves.
If bad enough you can have pain going down your arms from an injury to a disc in your neck. A injury to a disc in the back can cause pain , numbness or tingling to go down the leg.
Often a Mri or Emg is used to determine if there is a disc injury and the severity of it. Sometimes physical therapy can help, often epidural steroid injections are used and ultimately if warranted surgery can be tried to help the pain.
You can be sure that the insurance company will try to argue that your injury was only minor and that the reason you are having problems is because of a preexisting injury or the aging process.
They will likely use a doctor whose opinion they can count on to discredit your injury. That's why its important that you do not make any critical mistakes in seeking the appropriate medical care or doing something else that can hurt your case.
Don't be afraid to tell your doctor if you have had previous problems as failure to disclose to your doctor a complete medical history can discredit their opinion that your injury was caused or aggravated by the car accident.
The value of the money you are entitled to is based on many factors. Verdict in these kinds of cases can range from $0 to thousands of dollars.
by Anthony Castelli accident and injury attorney. Anthony Castelli's website www.castellilaw.com provides free reports and articles to help you decide what to do to get full compensation for your injury. He invites you to please call him if you have any questions. He will provide one free consult to help you decide what to do.
Wednesday, April 16, 2008
Motorcyclists Take Action On Healthcare Loophole
There is a little known loophole that could be in your medical insurance coverage the needs to be closed especially if you suffer a motorcycle injury.
Your policy could exclude medical coverage if you sustain a motorcycle injury.
The American motorcyclist association describes the problem as follows and after reading the article below go to this link to compose a letter to your Us senator and congressman
http://www.amadirectlink.com/legisltn/
rapidresponse.asp
TELL YOUR REPRESENTATIVE YOU WANT THEIR SUPPORT ON THIS ISSUE!
U.S. Representative Michael Burgess (R-TX-26) and U.S. Representative Bart Stupak (D-MI-1) recently introduced H.R. 1076, "The HIPAA Recreational Injury Technical Correction Act.” Identical legislation obtained 177 bipartisan cosponsors and passed the full Senate in the 108th Congress.
H.R. 1076 aims at ending health care discrimination for individuals participating in legal transportation and recreational activities-activities like motorcycling, snowmobiling, skiing, horseback riding, and all-terrain vehicle riding.
This legislation addresses a loophole caused by a Department of Health and Human Services' rule making it possible for health care benefits to be denied to those who are injured while participating in these activities.
“The development of this bill could not have been possible without bipartisan congressional support and the hard work of the American Motorcyclist Association,” stated Congressman Burgess. “I look forward to working alongside the AMA to get this legislation passed into law.''
Congressman Stupak noted, “This important legislation would prevent health insurance discrimination against citizens who take part in legal, recreational activities such as motorcycle riding and snowmobiling. I look forward to continuing to work with the American Motorcyclist Association and other organizations on this issue."
On August 21, 1996 an important opportunity arose when President Clinton signed the Health Insurance Portability and Accountability Act (HIPAA), prohibiting employers from denying health care coverage based on a worker’s pre-existing medical conditions or participation in legal activities, such as motorcycling.
In 2001, the Department of Health and Human Services released the final rules that would govern the HIPAA law. The rules recognize that employers cannot refuse health care coverage to an employee on the basis of their participation in a recognized legal activity. However, the benefits can be denied for injuries sustained in connection with those activities. Therefore, you were guaranteed the right to health care coverage but not guaranteed any benefits in return for your monthly payments.
The AMA is urging all motorcyclists to notify their Representatives and tell them to co-sponsor and support H.R. 1076, "The HIPAA Recreational Injury Technical Correction Act."
Reprinted from AMA web site by
Anthony Castelli Greater Cincinnati Accident and injury attorney
Tuesday, March 18, 2008
Do You Need Cincinnati Personal Injury or A Workers Compensation Lawyer
If you have been injured while working you may be wondering whether you should hire a workers compensation lawyer or a personal injury attorney. The answer depends on how you were injured and by whom.
In Ohio an attorney can be certified as a specialist in Ohio workers compensation law by the OSBA, but this does not mean that he is also an experienced personal injury lawyer.
Some attorneys focus exclusively on workers compensation while other attorneys only focus on personal injury law. Some attorneys have the experience to do both. Most attorneys think they are car accident attorneys but very few have actually have had significant trial experience in taking cases to court and undertaking a trial, let alone handling the complexities of a case involving both workers compensation and a separate personal injury claim.
A personal injury lawyer takes cases where people are injured as a result of the negligence or legal fault of another and seeks to get them money compensation for their injures.
A workers compensation lawyer deals with clients who were injured while working and seeks the benefits of the workers compensation system for their clients. There is no necessity to prove negligence and normally you can not sue your employer even if they are negligent.
But what happens if you are injured through the fault of another while you are working. In that case you have a claim for your personal injury as well as a claim for workers compensation benefits. You can hire two attorneys or you can find attorneys experienced in both workers compensation and personal injury.
There are many benefits to having one attorney handle your workers compensation claim and your personal injury claim. The most important benefit is that the attorney knows all the information relevant to your claims. There is an overlap in medical information that is developed and it is important that one attorney have all that information.
Also the Ohio bureau of Workers compensation is entitled to get paid back out of your personal injury claim on a formula basis that is negotiable. An attorney experienced in personal injury and workers compensation will know how to maximize your benfits and should be able to maximize results for you.
Several recurring types of cases presant themselves. The car accident injury case while working is one. In that case you are entitled to get workers compensation as well as seek damages from the person that caused your injury. Also on construction sites workers can be injured through the negligence of a third party independant contractor. In that situation you also get workers compensation and you can bring a claim against the contrator.
By: Anthony Castelli accident and injury attorney . Mr Castelli is certified as a specialist by the OSBA in Ohio workers compensation law. Plus he has handled hudreds of personal injury cases as well as many cases involving persons injured on the job through the fault off a third person.
His website is www.castellilaw.com
His site provides information on both personal injury claims as well as workers compensation claims. Serving Greater cincinnati Anthony Castelli is both a personal injury attorney and workers compensation attorney and will be glad to provide a free initial consultation.
Tuesday, February 12, 2008
Attorney Anthony Castelli Becomes affiliated with Pro-Unions Web
Accident and Injury Attorney Anthony Castelli has recently become affilliated with the pro-unions web site www.pro-unionsweb.com He is a featured advertiser for legal services for personal injury and workers compensation in Cincinnati, Ohio.
The pro-unions web site describes their site as follows :
After tiring of seeing these other so-called "Union Member Information and Resource" websites that feature many non-union made products, an initiative was set forth to create a true union member site. One that not only has useful information, but only lists union made products and labor friendly services.
Quite frankly, what union member would shop and buy from a website that offers foreign and non-union automobiles to them at discounted rates? These sites go as far as to say that they have non-union made automobiles on their websites because they give you a discount, and you deserve a variety of autos and products to choose from whether they are union made or not. If that is the case, they might as well put Wal-mart on their sites!
At Pro-Unions Web we don't want to be the highest traffic website by manipulating numbers and hits. We want to work to earn the distinction of being the best and purest union member information and resource website in the U.S. and Canada.
As a former Union Flat Glass line worker in New Jersey in the 80's and Union Culinary employee here in Las Vegas in mid 90's, I personally know the importance of having a strong union presence in the work-place.
"We must stand together in these ever changing times!"
William Gamble
President
Pro-Unions Web
This web site features products and services dedicated to helping union members. Whether you like unions or not, my experience with union members is that they don't want everything, nor do they want to hurt their company. They just want a seat at the table and an opportunity to make a fair wage so they can suppport their families.
by Anthony Castelli attorney
Ohio Workers Compensation Secret Benefit
The Ohio workers compensation system provides benefits to workers hurt on the job. Everyone knows that payment for medical treatment is available as well as payment while you are healing.
However many workers do not know about the award called " permanent partial disability". Neither the bureau of workers compensation , nor your employer will tell you about this award. That is why I call this the secret benefit.
If you have a permanent impairment, such as pain, you can file for this award. You must wait a certain time limit before you can file for it. Additionally you do not have to take the award the workers compensation bureau gives you. You can have a doctor of your choosing exam you and give his opinion of your percentage of impairment to your body as a whole. Plus this award does not close your claim but extends it.
If there is evidence, the matter goes to a hearing and the industrial commision decides what your percentage is. I have seen doctors differ as much as 15%. This means that if a bureau doctor gives you 3%, depending on your wages you might get a one time payment of $1200. However if you doctor gives you a 15% the industial commision might find a 9 or 10% award. This could be as much as $$4400. This is quite a big difference.
Most attorneys that specialize in workers compensation of Ohio will only take a fee from your permanent partial award if you are granted one. They can tell you what is a fair award within range and may know doctors who specialize in performing these exams for claimants.
So if you have a workers compensation claim don't be shortchanged. Contact an attorney who specializes in Ohio's workers compensation to see if they can get you the maximum permanent partial disability award.
by Anthony Castelli Attorney certified specialist in Ohio workers compensation law by the Ohio State Bar Association practicng in greater Cincinnati Ohio. Call Lawyer Castelli for a free consultation 621-2345 or visit his website www.castellilaw.com/workers-compensation.html
Thursday, January 24, 2008
Workers Compensation Benefit Attorney
Ohio workers compensation law is complex. An injured worker might think he is getting everything he is entitled to, but I have seen many injured claimants who did not get everything they were entitled to and were "leaving money on the table"
Don't expect your employer and don't expect the bureau of workers compensation to tell you the full story. Find an attorney experienced in workers compensation to help you get everything you deserve.
For instance, there is a benefit available to many workers known as permanent partial diability benefit. A lawyer certified as a specialist by the Ohio State Bar association will know how to get the maximum benefit for you and will normally take their fee out of the award they obtain for you.
Recently deceased attorney Phli Finkelmeier was one of the early pioneers in workers compensation and worked diligently to get his clients every penny they deserved.
Philip Renner Finkelmeier, a lawyer in Cincinnati for nearly 50 years, specialized in workers' compensation law. He was always an advocate for the little guy, helping people injured at their jobs.
In Ohio, the state bar Association certifies as workers compensation specialists attorneys that have shown experience and special knowledge of the Ohio workers compensation benefits.
by Anthony Castelli attorney a certified specialist by the OSBA in ohio workers compensation law. Anthony devotes a part of his web site www.castellilaw.com
to educating the injured worker about their rights.
Tuesday, January 8, 2008
ABATE of Ohio Seminar
Abate of Ohio is holding its annual seminar February 1 and 2 ,
2008 at the midwest Hotel in Columbus Ohio. Abate is an organization dedicated to the motorcycle rider. Abate stands for American bikers Aimed toward education.
The Seminar will feature legislative updates, breakout session, awards banquets, guest speakers, government speakers and motivational speakers.
Mark Dann the ohio attorney general will be one of the featured speakers. Special guest speaker will be Slider Gilmore from Iowa.
This important seminar is open to the general public.
The seminar was proudly advertised in the inaugural premier edition of Thunder roads Magazine of Ohio. An Abate update is featured at page 8 in the magazine.
Come to the seminar and learn about issues facing all motorcyclists. Also learn about motorcycle safety and accident prevention. You might even become a member and help your local chapter.
by Anthony Castelli attorney practices accident and injury law representing bikers in motorcycle accidents.he is a member of Abate and represents them in line with the Abate legal services philosophy. His web site features a motorcycle accident area where you can learn about your rights.
www.castellilaw.com
Friday, January 4, 2008
Motorcycle Groups Focus on Safety
Motorcycle groups have one predominant focus - the safety of motocyclists from accidents. Whether it is the abate of ohio or other state abate organizations or the motorcycle riders foundation, the goal is to promote safety.
The question of how our groups differ from the ntsb was highlighted in the recents MRF Reports. We focus on crash avoidance tools vs the theme of safer crashing ie. helmets posed by the ntsb.
the tools motorcycle rider organizations propose and this attorney writer support are rider education and training, motorist awareness programs, enhanced right of way legislation, proper motorcycle licensing programs, and impaired riding- riding straight campaigns.
As a number of inaccuracies have been uncovered in examining data related to motorcycle crashes and many of the conclusions are speculative at best, the only true solutions to motorcycle safety are these proactive measures that prevent a collision from occurrring at all rather than reactive steps that may offer some level of injury reduction only after a crash has already taken place.
For instance in the greater cincinnati motorcycle community, Aces and Eights, the harley dealer in Mason , offers an excellant program on how to ride safely especially for the novice rider .
Anthony Castelli is a greater cincinnati attorney that represents motorcyclists involved in serious injury cases. his web site offers free education materials on what steps to take to protect your rights if you are injured by the fault of another. www.castellilaw.com
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