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.
Friday, June 26, 2009
Wednesday, June 24, 2009
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."
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."
Sunday, June 21, 2009
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
Saturday, June 20, 2009
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
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
Saturday, June 6, 2009
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
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
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