Where My Passion Comes From (Getting Legal #124)

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On this episode of “Getting Legal with Tim Misny,” host Jason Handman asked me to reveal where I get my passion for my work.

To tell the story, I have to go back to when I was seven years old. In this episode I  remember the family history that keeps me fighting for the injured victim day after day.

Getting Legal airs on CBS 19 every Friday morning at 7:55 a.m.

Hesitant to Bring Malpractice Lawsuit? (Getting Legal #123)

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In today’s episode of “Getting Legal with Tim Misny,” host Jason Handman asked me if there is a common reason that makes people hesitant to bring a claim. My answer is YES.

In my career as a personal injury lawyer for Cleveland, Ohio, I often meet potential clients who could bring a claim but are afraid to because they think it will negatively affect their medical care. Actually, the opposite is true.

In addition to refuting this common misconception, I list several more reasons to sue for medical malpractice claim. Many times it is the right thing to do.

Getting Legal airs on CBS 19 every Friday morning at 7:55 a.m.

TRANSCRIPT

Jason Handman: Good morning, welcome to another edition of Getting Legal with Tim Misny. Tim, we’re back at the Diner on 55th.

 

Tim: 55th and St. Claire.

 

Jason: The coffee is phenomenal.

 

Tim: And the service is even better, man.

 

Jason: Now, let’s talk about the last three decades. For 32 years you’ve had great success with birth injury, catastrophic injury, medical malpractice cases. Some of these cases, you know, some people may be hesitant about contacting you to bring a case. Why is that?

 

Tim: Oftentimes people think that if they were to pursue a claim against a medical professional resulting in some kind of medical malpractice case or birth injury case that that could negatively impact on the medical care that they’ll be receiving. And truth be told, Jason, it has just the opposite effect.

 

Jason: Why is that?

 

Tim: Think about it. If a doctor knows that my office is in the process of reviewing medical records, they are going to treat that person even better. They’re going to make sure that a the i’s are dotted and all the t’s are crossed.

 

Jason: OK. So how do you accomplish that?

 

Tim: Well, we accomplish – when a client has that hesitancy I tell them precisely that. But moreover, the real reason, but a very compelling reason that I tell the client, the potential client, is that it’s very important to pursue a claim because the tragedy that befell their family will happen again unless we bring a claim and change policy. So there’s a real moral, social obligation to pursue a claim.

 

Jason: So this is essentially just bigger than just worrying about yourself, this is affecting potentially other people down the line.

 

Tim: A lot more people down the line. I can’t tell you how many cases over the last three decades, that we were able to change policy actually, literally change policy where the hospital acknowledged the problem and completely overhauled their protocol and subsequently there has never been a problem. That’s my hope. To change policy to make sure that those people are held accountable and those tragedies never happen again.

 

Jason: All right, how can people get a hold of you?

 

Tim: It’s really simple. 1-800-55-MISNY or visit my website www.misnylaw.com.

 

Jason: All right, thanks so much.

 

Tim: Jason, thank you.

What is Burden of Proof? (Getting Legal #122)

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In today’s episode of “Getting Legal with Tim Misny,” CBS weatherman host Jason Handman asks me to explain what is “burden of proof.”

Oftentimes people ask me to explain legal terms to them because they know I am a personal injury lawyer in Cleveland, Ohio. Simply put, the burden of proof in negligence cases is the requirement that the plaintiff (me and my client) prove certain things in order to bring the lawsuit. Watch the episode to hear exactly what needs to be proved.

If you have any questions about “legalese” or personal injury law, send them in to the Tim Misny Facebook page. They might be featured in upcoming “Getting Legal” episodes.

Getting Legal airs on CBS 19 every Friday morning at 7:55 a.m.

TRANSCRIPT:

Jason Handman: Good morning, welcome to another edition of Getting Legal with Tim Misny. Tim, back at our favorite spot, the Diner on 55th. Now, we’ve been talking about the past over 3 decades, 32 years of your incredible success with birth injury, medical malpractice and catastrophic injury cases. In terms of legal terms, one of the terms I’ve heard of is burden of proof. First of all, what is that?

 

Tim: Simply stated, Jason, a burden of proof is that we have an obligation to prove the case. People who bring a claim they’re called a plaintiff. The plaintiff has a burden to prove certain elements of the case. First thing you have to prove is that there is negligence, that somebody breached the duty of care owed. You’ve got to prove –

 

Jason: OK, wait a second, hold on. So, the burden of proof I have to – I come to you, some tragedy happened. We have to prove that, I guess – What are we proving here? We are proving two things. We are proving liability, that somebody did something wrong. OK, that somebody’s negligent. Someone breached the duty of care owed. We’re proving that. Then the second thing, of equal import – we have to prove damages. OK. We have to prove how badly someone is hurt. Oftentimes I bring in a Ph.D. economist, I bring in a life care planner to show just how expensive it is going to be to maintain this person for the rest of their life.

 

Jason: OK, that was going to be my other question. When I come to you, when I’m looking to prove that burden of proof, how do you do that?

 

Tim: Well, I am networked with nationally recognized experts. And you’ve heard the term “battle of the experts?” Our experts look at the case and give honest, fair evaluation, and oftentimes these experts are at the cutting edge of their particular field whether it’s radiology, emergency room medicine, et cetera, they’re at the cutting edge and they will show clearly why medical malpractice occurred what the elements are. Oftentimes I’m able to prove those elements and the case solves.

 

Jason: All right, and how can people get a hold of you?

 

Tim: Really simple: 1-800-55-MISNY, or visit my website, www.misnylaw.com.

 

Jason: All right, thanks so much, Tim.

 

Tim: Jason, thank you.

Why My Clients Hire a Personal Injury Lawyer (Getting Legal #121)

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In this episode of “Getting Legal with Tim Misny,” CBS weatherman host Jason Handman asked me what motivates people to bring a medical malpractice or birth injury lawsuit.

I recount what I have seen time and time again during my 33-year career as a personal injury lawyer in Cleveland, Ohio. Surprisingly, the reason why my clients hire a personal injury attorney isn’t usually about the money – it’s about justice.

If you’re wondering “Should I hire a personal injury lawyer?,” watch to find out the two most important motivations for bringing a medical malpractice or catastrophic injury case.

Getting Legal airs on CBS 19 every Friday morning at 7:55 a.m.

TRANSCRIPT:

Jason Handman: Good morning, welcome to another edition of Getting Legal with Tim Misny. Tim, we’re back at our favorite spot, the Diner on 55th

 

Tim Misny: Yes sir.

 

Jason: For the last 32 years –

 

Tim: 55th and St. Clair.

 

Jason: That’s right. All right, so for the last 32 years you’ve been having phenomenal success with birth injury cases, catastrophic injury cases, and medical malpractice cases. I want to talk a little bit about the motivation behind someone bringing a case, contacting you or any lawyer out there. What is the motivation behind that?

 

Tim: Jason, for over three decades I’ve represented families who have been victimized by medical malpractice, catastrophic injury, birth injury cases. OK? In virtually every single case the motivation is twofold: Find out what happened, and make sure that the tragedy that befell that family will never ever happen again.

 

Jason: In terms of finding out what happened, I guess, someone goes through a catastrophe, a catastrophic situation, and you know, it may not be clear. There’s probably a lot of questions out there and they’re asking a lot of people for answers and they’re not getting any. What kind of answers would they get when they call you?

 

Tim: Well, the first answer is, “We handle everything.” Their focus then is to be peaceful, be healthy, help their loved ones, rally around their family. That’s their focus. My focus is to find out what happened. And by doing that we oftentimes are able to change policy and  make sure that their problem never happens again. I can’t tell you how many times in my career, Jason, that we’ve been actually able to change policy. Because what happens is the insurance company comes in and says, “You know what? You have to change this policy so it will never happen again because we can’t pay out this kind of money for a case wherein you screwed up.

 

Jason: So it’s more for the future, where sometimes these situations are impossible to correct.

 

Tim: Well, you can’t turn back the hands of time but we can make sure that that tragedy never happens again to anyone, and that’s sad that it takes a lawsuit to force them to do the right thing.

 

Jason: All right, Tim. How do we get a hold of you?

 

Tim: Call me any time. 1-800-55-MISNY

 

Jason: All right, thank you so much.

 

Tim: Thank you, my friend.