Ohio DOT Ordered to Pay Four Million for Car Crash Death and Injury Is Demeaned by WKBN News

 

A  family fought for justice to be awarded nearly $4 million in a wrongful-death judgment against the Ohio Department of Transportation on Tuesday. In addition this was for tramatic brain injuries to Connor Reed the son of the deceased.

A tree fell on the car Mrs Reed was driving and her son Connor was a passenger on 12/26/2008. The tree was known for over a year to the Ohio Department of Transportation  to be a hazard. Yet ODOT tried to say this was an act of God. That defense is applicable if a bolt of lightning knocks over a tree . But not when the hazardous nature of the tree was well known for over a year to ODOT.

This judgement was rendered by a Judge in the Court of Claims of Ohio. This is the only place you can sue the State for conduct related to highway safety.

Having brought a wrongful death in the Ohio Court of Claims myself against ODOT and others for negligence, it still shocks me that ODOT would not act to remove the tree despite knowledge of the hazard it posed. This case and the accident claim I was involved with, had clear evidence of knowledge on the part of ODOT of a hazardous condtion for a significant period of time, yet they failed to act to fix the life threatening condition.

What also bothers me is the reporting by one news agency WKBN 27 news and the image they showed with their interent article about th Court of Claims of Ohio Judge made verdict of $4,000,000..  They ran the story with the lead in this picuture being a stack of money next to a gavel. I find this picture extremley demeaning to the death, memory and loss of a loving mother, wife and spouse and to the  severe injury to her child. A family is irretrievably broken. This was a travesty.

The picture focuses on money rather than the loss.  Fortunately it is no longer an eye for an eye. Too bad the lawsuit could not erase the loss. Too bad money is all we have to compensate for a wrongful death and severe injuries. But there is justice represented in the award . And an assigning of fault. This gives homage to the memory of the deceased and lets wrondoers know that they must not carelessly injure and kill others. But the photo demeans all of this.  (See the Photo below)

 

Court Money

 

Here’s the link to the story http://www.wkbn.com/2013/05/23/ohio-family-gets-4-million-in-moms-death-by-tree/ You can see the picture leads off the story. Why. Why demean this loss, this injury, this death? I truly do not understand.

It should be noted the attribution of this article is given to Associated Press AP . So I’m assuming they issued the article but  WKBN 27 News picked it up and interjected the image.  There was plenty of other media coverage that did not include this imagery. One such link is below and the imagery chosen was the building where the Ohio Court of Claims is housed.

.http://www.wlwt.com/news/local-news/ohio-family-gets-4-million-in-moms-death-by-tree/-/9837878/20276336/-/fhxv1nz/-/index.html

by Anthony  Castelli Attorney

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Columbus Attorney Urges Drivers To Pledge No Cell Phone Use While Driving

For Release, Ohio, United States 2013

Distracted driving

As an Ohio injury lawyer focusing on motor vehicle accidents I urge AAA to redouble its suppport of  no texting and driving. Texting and driving is now said to be the number 1 cause of teen deaths. Let us not stop here.  Let’s go farther . Stop all cell phone use while driving a car. After all, taking your eyes of the road to dial a cell phone is just as dangerous as texting.

In 2011 AAA started a campaign against texting and driving putting up billboards and publishing a number to call while stopped to show your support for the then proposed State of Ohio no texting law.  Call that number now and it is not a good number. Yes, Ohio passed a no texting law. But that is not the end of the story.

We must not only campaign for laws , but we must take the message to the people. To the parents, to the schools, to the kids that drive. It is behavior we are concerned about in the end. Not just making laws. Sure that helps to shape behaior, but there is much more to be done. Here is what you can do right now.

It is not only teenagars that are texting and using cell phones. Even professional truck drivers are texting while driving with disastrous results. How many parents are on the phone in the car. The example being set is shameful and I’m guilty of it also . It’s time for me to stop. It’s time for all of us to stop driving and using cell phones.

Ask Everyone In Your Family To Pledge No Cell Phone Use While Driving

You want to take the challenge. Let me make it simple . Print this article off and sign the pledge at the bottom of the page. Make copies and have every driver in your family sign.

———————————————————————————————

                    No Cell Phone Use While Driving Pledge

 

I understand that cell phone use while driving is hazardous. It takes my eyes of the road. It can cause deadly accidents. It is the leading cause of teenage driving deaths. Therefore I pledge with all my hearts as follows:

 

                  I pledge not to drive and use a cell phone. 

 

 

_________________________________________                   ____________________

Signature                                                                                                              Date

Ohio Motorcycle Safety Kit Release

Ohio Motorcycle Safety Kit Released To Save Lives (via PR Newswire)

A recent study showed motorcycle rider fatalities are on the rise. Attorney Anthony Castelli is releasing his Ohio Motorcycle Safety Kit free to Ohio motorcyclists in conjunction with May, motorcycle safety awareness month, in the hope that its use will prevent injuries to motorcycle riders and save…


[Read more…]

Columbus Attorney Warns Against Distracted Driving

Ohio has recently enacted a ban on texting while driving your car, but auto drivers should police themselves so they do distracteddrivingesnot cause serious injury or death from distracted driving. Once upon a time the radio Cd player was a main culprit in a distracted driving accident. Now we know the cell phone is one of the major causes of distracted driving motor vehicle collisions.

 

What Do the Statistics Tell Us About Distracted Driving 

According to the federal government :

  1. In 2011, 3,331 individuals were killed in crashes involving a distracted driver.
  2. 387,000 were injured in motor vehicle crashed involving a distracted driver.
  3. Texting creates a risk of crash 23 times more likely than a non distracted driver.
  4. Driving while using a cell phone takes away 37% of the brain that would be vigilant on the road.
  5. Headset use is not substantially safer than hand held use.

Distracted Driving Is Anything That Takes Your Full Attention From Driving

The distractions are more than just cell phone use. Other things to avoid are:

  • Eating or Drinking
  • Reading a paper or Map

distracted2es

  • Talking to Passengers
  • Grooming
  • Using a navigation system
  • Adjusting the radio, or CD player
  • Looking for Something or at someone in the Back seat

If You Are Injured By a Distracted Driver

If a distracted driver causes you a serious injury you are entitled under Ohio law to compensation for pain and suffering as well as loss of enjoyment of life. Of course lost wages and medical bills need to be paid. If you are unrepresented because the insurance company said they will take care of  you remember this. Their job is to take in premiums and pay out as little as possible. So their interests are directly opposed to yours.

Consider hiring an experienced Columbus Ohio car accident injury lawyer. Their interest is to get you as much as possible. The contingency fee ensures that the lawyer will try to get you as much as possible since the more you get the more the contingent fee lawyer gets.

Of course all lawyers are not created equal. Anthony Castelli has been helping accident injury victims recover financially for their harms for over 30 years. Read about his system of Five Fundamentals of Recovery that focuses his uncompromising advocacy on recovering every penny you deserve.  Then call him today for a free case consultation.

Source: Official U.S. Government Source on Distracted Driving

Anthony Castelli Attorney
100 E. Campus View Boulevard, Suite #250
Columbus, Ohio, 43235
614.438.2672

Columbus Car Accident Lawyer Tips For Allstate Car Accident Injury Claims

Ohio State House Columbus  I have a claim for injuries against a car driver insured by Allstate, “what are my options” is a question I have heard plenty of times. As with a claim against any insurance company one critical question is do I need a lawyer. Or can you find a lawyer to take your claim for harm. If you case is clear cut on the fault of the other party you still want to nail down the evidence that supports that.

It never hurts to consult with a personal injury lawyer. The question then becomes how do you find an experienced one. Start with my book Attorney Advertising Revealed. The link will take you to a free download. This is particularly important if you claim is against Allstate especially. They have been rated the worst insurance company in America by the American Association For Justice.

So for serious injuries you are going to have to fight for what’s fair. That means hiring a lawyer because a injury lawsuit is probably going to  be necessary. So do not wait and let mistakes pile up and evidence get lost. Get the services of an uncompromising lawyer that is willing to file suit and go to trial if necessary. Also consider a lawyer that will advance the expenses of litigation. These can be hefty and serious experienced accident injury lawyers are willing to advance the expenses to be paid back out of the recovery.

Put Together Value Drivers          

There are certain facts that drive the value of your case up. Allstate uses a computer program to evaluate damages. You want to emphasize those value drivers as much as possible. Some of them are:

1. Every diagnosis and the appropriate code and treatment code on all billings. ( these are ICD and CPT codes) My nurse case manager knows how to get them and make sure they are related to the claim.

2. They want objective evidence of injury such as muscle spasms and limited range of motion and diagnostic studies.

3. Documenting your pain with activity such as work, school or household activity.

4. Physical therapy.

5. No significant gaps in treatment.

6. Seeing a specialist

7. Prognosis of permanent injury.

8. The doctor’s records and reports must record these things and be stated in terms of probability not possibility.

 

3 Critical Things That Decrease Value

1. If you see a chiropractor for an extended period of time.

2. If you have preexisting conditions especially if you try to hide them.

Some folks will go to a different doctor than the one that treated them previously in the hopes no one will know about a past injury even if it has healed. It is better to go to the same doctor because they can give a true before and after picture about your claim and injuries.

3. Your doctor gives his opinion about your injuries in possibilities. As anything is possible those statements are not credited.

 

Develop a System For Winning 

You need to develop a system for winning. You need to know the fundamentals critical to maximizing your claim so the harm you were caused is made whole or balanced by a fair settlement . I have developed over 32 years a system of  5 Fundamentals of Maximizing Recovery. There is more to it than just these 5 fundamentals, but some things are better left to a private face to face consultation.

Just know that you do not have to be alone when you have been caused serious harm. My focus is on uncompromising advocacy and uncompromising compassion for you. Justice demands you be treated with respect and care. And that you be fully and fairly made whole for your losses, damages and injuries.

Call today for a free consultation in Columbus 614-438-2672 . If you can not get to me, I’m happy to come to you. If you want to take a look at some of my results go here But just remember although certain things are critical in every case, the uniqueness of you makes your case as unique as a snowflake.

 

 

 

 

 

Columbus Car Accident Injury Maximize Your Claim

  Seriously Injured Columbus Car Accident Victims

                          Overcome Your Fears

 

You may fear the insurance company will rip you off.

You may fear if you hire a lawyer they will rip you off.

You are not alone . Those fears are real. But they can be overcome.

Now is the time to decide whether you are going to battle big insurance by yourself . If you do then chances are here’s what you face:

1 Relying on the insurance adjuster who wants to preserve company profits and pay you as little as possible.

2 Statistical and anecdotal evidence that chances are your settlement will be lower than it would be without the help of an experienced personal injury advocate.

                                      OR

Will you partner with a lawyer you can trust to fight for you with all their heart for you so you might reap these benefits:

1. You have a trusted advisor to explain the process, your options and answer your questions.

2. You have an experienced advocate that knows the best actions to take to position your claim for maximum value

3. An attorney that will push big insurance for a fair settlement.

3. An attorney that knows how to value your claim and will file a lawsuit if necessary to fight for just compensation.

But How Do You Know You Can Trust The Attorney You Choose

Knowing what to look for in a personal injury lawyer is key. That’s why I authored the book Attorney Advertising Revealed.

You can go to Amazon and purchase it. Or you can download it for free. Right Now. Click on the image of the book below and fill in your name and email. We will not use it to bother you.

After you have read my book created for people just like you Call Me for a free initial consultation with no obligation. 1-800-447-6548 You will be able to speak with me directly on the phone. The call is at no cost to you. I will explain your options and what I can do for you.

Do your research on me . You will find I am rated premminent by Martindale Hubbel, rated superb by Avvo and was again this year 2013 listed as Ohio Super lawyer in the Ohio Super lawyers magazine.

I will provide you with testimonials from former clients and results I have obtained in settlements and trials.

If you are seriously injured you should seriously consider hiring an experienced personal injury auto accident lawyer to help you maximize the value of your claim, keep the wolves at bay, and remove that pit in your stomach of fear and uncertainty.

There’s really no good reason you need to fight this by yourself. The time is now to take some action to take control of your life.

Here’s two short videos I made for people looking to maximize the value of their claim.

What Clients Say About Anthony Castelli Columbus Auto Crash Lawyer

Call 1-800-447-6549 to speak with Anthony to get legal help now

Distracted Driving in Ohio

Ohio is behind most of the country when it comes to laws aimed at protecting citizens from the dangers of distracted driving. Until August, 2012, we did not have restrictions on cell phone use and texting while driving. Even now, the law only applies to texting and in most cases you cannot actually be pulled over for texting while driving, but can receive a ticket for it if you are pulled over for something else. However, if you have been injured in a car accident caused by a distracted driver, Columbus car accident attorney Anthony Castelli can help you collect the compensation you need and deserve.

Distracted Driving Dangers

Studies have shown that drivers who are on the phone are just as impaired as drunk drivers. That includes hands-free phone use. Unfortunately, we are a long way away from the day when distracted driving carries the same social stigma or criminal consequences of drunk driving.

Common Distractions

Cell phone use and texting are far from the only distractions which cause accidents. Other common distractions include:

  • Personal grooming
  • Eating and drinking
  • Reaching for items on the floorboard or in the back seat
  • Adjusting the stereo
  • Attending to children
  • Using GPS
  • Rubbernecking

If you or a loved one has been injured or killed in a car accident in Ohio because of a distracted driver, please call Columbus car accident attorney Anthony Castelli at 1-800-447-6549 or submit an online questionnaire. Mr. Castelli has experience representing victims of distracted drivers throughout Ohio and he will fight to get you the compensation you deserve.