Asbestos News
Asbestos Bill Raises Impossible Hurdles for Victims
The Specter-Leahy bill asks asbestos victims to bear the risk of an inadequately funded, unfairly structured and untested new compensation program that is not even a "no fault" system. In fact, victims must surpass huge new hurdles to prove their asbestos exposure and that it is the cause of their illness. Based on the current version of the bill, it will be impossible for them to do so.
Worst 10 Hurdles Are:
Victims who have already been through the legal system and have pending claims would have their settlements thrown out under this bill. They would be forced to get back in line to wait for a new bureaucracy to be set up before they could get any compensation or help with medical bills.
Even victims dying of mesothelioma, which typically kills within a year, would have their cases thrown out of court and be forced to wait nine months. Many will die while waiting for their claims to be heard.
Because even victims with pending settlements would be forced into the fund, the asbestos fund will start with a 500,000 case backlog that cannot be timely processed.
Victims must prove at least five years of "substantial occupational exposure" and document the extent, duration, and intensity of the exposure in order to be compensated. This will be impossible for most victims because the records simply don't exist. Employers were not required to monitor exposures before the mid-70s and many employers failed to do so even after OSHA required such monitoring. Employees have no right under the bill to access exposure information from their former employers, some of which no longer exist.
The experience of past government-run compensation programs indicates this one is doomed to fail victims too. A new study of the Black Lung Program, the Energy Employees Occupational Illness Compensation Program Act and the Radiation Exposure Compensation Act shows all funds dramatically underestimated potential claims, leading to delays in compensation and the need for taxpayer dollars. ["Commentary on the Creation of a Fund for Victims of Asbestos Caused Diseases," by Professor Peter S. Barth]
There is special compensation in the bill for victims in Libby, Montana, but other victims of community asbestos exposure—such as families in hundreds of communities all over the country that received asbestos shipments from Libby—are shut out completely and would be ineligible for compensation.
Many people who were exposed to asbestos in the World Trade Center collapse on 9/11—would be ineligible for compensation.
The vast majority of victims poisoned by non-occupational exposure would be ineligible for compensation.
Victims who can prove a claim will have to wait months or years for the fund to start paying compensation. The bill gives the fund administrator three to four years to pay a claim after it has been approved, with exceptions for some mesothelioma cases.
If the fund is about to run out of money, there is no automatic sunset provision that would allow asbestos victims to return to the legal system. Instead the administrator can simply change the medical criteria or reduce benefits for victims—in essence changing the rules in the middle of the game—rather than allow victims to return to court.
These hurdles are why every major asbestos victims group opposes the bill, including the Asbestos Disease Awareness Organization, the Committee to Protect Mesothelioma Victims, the White Lung Asbestos Information Center, the White Lung Association, the American Public Health Association, and 9/11 Environmental Action.
July 2005

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for further contact http://www.castellilaw.com

Cincinnati Personal Injury Attorney More Information On Tort Reform

The U.S. economy is booming, corporate profits and executive salaries are at record levels, most injured Americans do not file lawsuits, liability costs for businesses are minimal, and the premium-gouging practices of the insurance industry have been widely exposed. With these facts in mind, it may be hard to understand why "tort reform" remains on the national agenda.
One major reason is the large number of industry-sponsored "think-tanks," PR and lobbying firms driving this cruel effort. They are backed by multi-millions of dollars from the same insurance, tobacco, pharmaceutical, oil, HMO and other corporate interests wanting to escape liability for wrongdoing. Their message, which often focuses on anecdotal "oddball" cases, has created a false perception that the system is overflowing with frivolous consumer lawsuits. Here are the facts:
Contrary to popular myth, very few injured Americans file lawsuits.
Only 10 percent of injured Americans ever file a claim for compensation, which includes informal demands and insurance claims. Only two percent file lawsuits. Compensation for Accidental Injuries in the United States, Rand Institute for Civil Justice (1991).
Between 44,000 and 98,000 Americans die each year (and 300,000 are injured) due to medical errors just in hospitals. Yet eight times as many patients are injured as ever file a claim; 16 times as many suffer injuries as receive any compensation. National Academy of Sciences Institute of Medicine, To Err is Human, (1999); Harvard Medical Practice Study (1990).
The number of personal injury ("tort") lawsuits is steadily dropping, while "contract" suits (businesses suing businesses ) are on the rise. Tort suit filings dropped 9% between 1989 and 1997; contract suits went up 9% between 1995 and 1997. Tort suits now comprise only 7.5% of all cases filed in U.S. state courts. National Center for State Courts (1997).
Liability costs for businesses are miniscule and dropping.
Annual insurance and claims costs for U.S. businesses were only $5.25 for every $1,000 in revenue in 1997. Moreover, these costs have been declining significantly -- down 37% over the last five years. Ernst & Young and the Risk & Insurance Management Society (1998).
Products liability insurance costs, per $100 of a retail product, are only 16¢ -- a tiny fraction equaling less than 2/10 of 1 percent. Adjusted for inflation, products liability insurance costs have fallen about 75 percent over the last decade. Consumer Federation of America (1998).
Tort law limits do not reduce insurance rates. The only study ever conducted of the impact of tort restrictions on insurance rates in every state in the country finds absolutely no correlation between enactment of "tort reform" and insurance prices. Some states without "tort reform" have experienced low rate increases while other states with major "tort reform" laws have seen very high rate increases relative to national trends. Premium Deceit --the Failure of "Tort Reform" to Cut Insurance Prices, Citizens for Corporate Accountability & Individual Rights (1999) reprinted from the foregoing courtesy Anthony Castelli Cincinnati personal injury attorney

Cincinnati Personal Injury Attorney Exposes Myth of Tort Reform

The poster-child of tort reformers is the famed “McDonald’s Coffee Case” - the case where a woman obtained a multimillion-dollar jury verdict for spilling hot coffee on herself. Most people think that a careless woman spilled some hot coffee on herself while driving, received minor burns, and then filed a lawsuit. That’s not what happened. Here's what did happen:
Stella Liebeck, a 79-year-old grandmother, was the passenger in her grandson’s vehicle and ordered a cup of McDonald’s coffee. McDonald’s served the coffee at approximately 190 degrees. McDonald’s admitted coffee at that temperature is “unfit for human consumption”; 190 degree liquid causes third-degree burns within 2 to 7 seconds of contact with skin.
Stella spilled the coffee on the crotch of her cotton jogging pants, and the coffee immediately soaked through her pants and caused third-degree burns to her legs, thighs, and genitals. The burns were so severe she needed skin grafts to heal the damage. It took many months for her to recover from the severe burns.
Stella offered to settle the case with McDonald’s if they would just pay her medical bills, which were into the many thousands of dollars. McDonalds refused, and Stella filed a lawsuit. During the trial, it was discovered that in the ten years prior to Stella’s accident, over 700 men, women, and children had been burned by the unsafe McDonald’s coffee.
For years, McDonald’s sold coffee that was “unfit for human consumption”, and made $1.3 million dollars a day in profit doing so. Information such as this wasn’t really reported by the media. What was reported was the $2.6 million dollar jury verdict.
The jury arrived at that figure by calculating the profit of two-days worth of coffee sales, and “fining” McDonald’s that amount to get their attention and make them fix the problem. It worked. The day after the verdict, McDonald’s lowered the coffee temperature to a safe-but-hot 158 degrees. This is still hot enough to cause third-degree burns, but it takes closer to sixty seconds worth of exposure to do so.
The judge in the case reduced the verdict to less than $500,000. Stella actually settled with McDonald’s for even less money. It took a multimillion dollar jury verdict to get McDonald’s to fix a dangerous problem they knew about for ten years; doesn’t that prove the system works?

The necessity for tort reform is a myth. No attorney in his right mind would take a frivilous lawsuit to court. the cost is just too high.

Cincinnati Workers Compensation Attorney specialists

A Cincinnati workers compensation attorney is not hard to find. In fact you can find an attorney specializing in Ohio workers compensation law by calling the Ohio State Bar Association. They are the entity responsible for certifying attorneys in Ohio as specialists in Ohio workers compensation Law.
When you find a specialist at least you know they have passed a test and have a certain amount of experience in ohio workerscompensation law
Anthony Castelli is certified by the Ohio State Bar association as a specialist in Ohio Workers compensation. He also focuses on personal injury and social security disability. For more information or for a free consultation with a cincinnati workers compensation attorney lawyer go to www.castellilaw.com

Cincinnati Personal Injury Attorney Releases consumer guide

Recently I released a consumer guide for personal injury victims. It is hoped that this simple and concise guide can get the personal injury victim headed in the right direction. The personal injury claimant not only has to worry about getting better and dealing with all the ramifications of their injury , but also has to prepare to fight big insurance if they want full and fair compensation.
I put put a press release over the internet that publicized this guide. It primarily is focused on Ohio but there is information generally applicable to any personal injury claimant.
This guide is made available free to Ohio injury victims.

Dog injury Claims Attorney Cincinnati

If you are injured because of someone's dog you may be entitled to recover damages even if the dog did not bite you. For example if you were riding a motorcycle and a dog ran out in fron of you and you swerved to miss it and lost control of your bike you may have a valid claim against the owner or harborer of the dog.Remember in Ohio its not a dog bite law but a dog injury law.
For more info contact cincinnati Attorney Anthony Castelli at www.castellilaw.com

Keys To Choosing a Great Personal Injury Lawyer

Choosing the right personal injury attorney is not difficult if you know the right questions to ask. You can start your search on the internet with the words "personal injury attorney" plus your location.

This will provide you several names of local attorneys plus some sites that "refer attorneys" or are otherwise paid adds. Call or email 3-5 attorneys and ask them to answer the following questions:

1. How many personal injury cases have you tried in front of juries?

2. What kind of experts have you hired for your clients?

3. What % of your income comes from personal injury cases?

4. Have you handled cases similar to my injury? How many and with what results?

5. Are you willing to advance expenses of litigation?

6. Are you a mamber of any attorney organizations that primarily help injury victims?

The answers to these questions should give you a good idea if the attorney is an experienced and succesful personal injury attorney.

You want an attorney who is willing to and has gone to trial. Insurance companies know who is willing to go to trial. Attorneys that have not tried jury cases are not likely to command the respect to get you a fair offer.

If the attorney is not willing to advance expenses then you will be stuck advancing them yourself and you may not be in a position to do so. If that is the case then your case will have to be settled, likely cheaply.

With the answers to these questions in hand you are ready to sit down in the attorney's office and decide, after meeting the attorney, if this is a person you can have confidence in to get you full and fair compensation for your injury.

Anthony Castelli focuses his practice in personal injury law, including car accidents, defective products and premises and construction accidents. He practices in the greater Cincinnati, Southwest Ohio region. For more information about Anthony Castelli or personal injury law go to http://www.castellilaw.com

Cincinnati, Ohio Auto Accident Attorney

Anthony Castelli represents individuals and families throughout Ohio and other parts of the country who have been injured in motor vehicle accident while in the state of Ohio. Serious car and other vehicle accidents require the guidance of experienced attorney. Anthony has experience representing people who have suffered injuries in motor vehicle accidents including accidents on motorcycles, truck accidents and all types of transportation vehicles. It will cost you nothing to speak with Mr. Castelli regarding your potential claim and there is no obligation. Additionally, in all of his personal injury cases he works on a contingency basis which means that a legal fee is paid only if he successfully obtains a recovery for you, although there may be expenses.

Cincinnati Ohio Personal Injury Lawyer

Anthony Castelli Attorney is a Cincinnati, Ohio Lawyer focusing on car accident, personal injury, workers compensation and social security disability claims. He offers free consultation and case evaluations for Ohio cases. Call Tony Today at 1-800-447-6549 for a no cost consultation. Don't let big insurance rip you off without at least knowing your rights. www.castellilaw.com