5 Simple Ways to Avoid a Car Accident

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Shockingly, an average of 18,000 car accidents occur in this country every day. Sadly, these accidents result in more than 100 deaths each and every day! I wish there was a way we could magically prevent them, but unfortunately, they are a part of the busy world in which we live.

There are ways to limit the risk of being involved in a car accident. Remember when you were young and your dad used to kick the tires of his car? You may have thought he was just being dad, but he was definitely on to something.

Here are 5 important tips to reduce the chance of becoming an accident victim:

1.  Make sure your vehicle is operating safely. Check to see that your tires are properly inflated according to the manufacturer’s recommendations, and are not showing signs of too much wear. Check fluid levels, dashboard warning lights, headlights, brake lights, and turn signals are working properly. Get regular maintenance checks.

2.  Be a defensive driver. Always be aware of other drivers. Make sure you are constantly using your mirrors to anticipate what is happening around you and to check your blind spots. When approaching an intersection, take a few moments to ensure cars are not speeding through, even if your light is green. Never trust turning signals. Keep a good distance away from other cars, giving yourself more time to react to sudden changes and unexpected events.

3. Plan you’re driving route. Always take routes you are more familiar with.  Program your GPS before you leave as opposed to entering the destination details while driving, or after you are lost!

4. Avoid in-car distractions. We all know not to text and drive, but there are many other distractions we are routinely guilty of; attending to children’s needs, eating, looking for things, talking on the phone, putting on make-up, and changing the radio station. The best thing you can do while driving is NOTHING. Eat your lunch and pick your radio station before you get on the road. Children in the car are also a big distraction.  Make sure toys or snacks are within the reach of your children, so they can get to them without asking you.

5.  Be a confident driver. Being overly nervous or scared while behind the wheel can cause mistakes. Driver confidence will help you correctly react to situations as they arise.

Take the time you familiarize yourself with these steps, and you could save yourself and your loved ones from becoming an accident statistic.

If you or someone you love sustained a serious injury as the result of a car accident, you have to call me right away at 1 (877) 944-4373. I will do everything I can to get you the compensation you deserve.

As your Ohio car accident lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

Signs you Should Call an Injury Lawyer After your Car Accident

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Every time you turn on the television, you see commercials for injury lawyers who want to help you after you’ve been involved in a car accident. Sometimes people don’t think they need a lawyer, or they think they will get more money if they don’t use a lawyer. To be completely honest, sometimes they are right, but every situation is different. That is why is it important you talk to an experienced personal injury lawyer before making any decisions.

Insurance companies will often offer you far less than you deserve for the injuries and monetary damage you have sustained. Having a competent personal injury lawyer on your side will prevent the insurance company from taking advantage of you and your situation. 

If you are an Ohio resident and were involved in an accident, it is important to speak with an experienced personal injury lawyer, especially if you have experienced any of the following:

  • You have sustained serious injuries (Permanent injury or disfigurement, head injuries, back injuries, injuries requiring extended medical treatment, injuries requiring physical therapy, injuries that prevent you from working).
  • You and the other driver are in dispute over who was at fault.
  • The other driver is not insured or is under-insured.
  • The accident happened in the course of employment.
  • The insurance company is pressuring you to accept a settlement. (Extreme pressure from the insurance company should be a RED FLAG that the settlement offer is unfair.)
  • You feel your medical costs and future medical costs are not being fairly compensated.
  • You don’t fully understand what compensation you are entitled to. A lawyer will be able to inform you of potential damages you might be unaware of. 

If you or someone you love was involved in a car accident, don’t let the insurance company intimidate you, and don’t try to do this alone.

Call me right now for FREE consultation at 1 (877) 944-4373, so I can help you understand your rights. I work on a contingency basis, which means I don’t take my fee unless your case is successful.

Insurance adjusters are trained to give you less than you deserve. As your Ohio car accident lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For more than 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

 

How to Protect yourself from Medical Malpractice in the State of Ohio

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Throughout the course of our lives, we must entrust our health to so many different health care professionals. Every time we seek medical attention, we are treated by nurses, aids, therapists, doctors, and other specialists. Administrative workers keep track of our medical records, and relay doctors messages, while pharmacists give us our medications.

With so many people responsible for our care, the chance of human error is astronomical. In fact, as many as 400,000 people die every year as the result of preventable medical mistakes, and that is because errors can be made at any stage of treatment.  A clerical error which doesn’t seem like much, could cause a domino effect.

Always be aware that every encounter you have with a medical professional carries a risk. Be proactive when it comes to your medical care. There ARE ways to decrease your chances of being a victim of medical malpractice in the State of Ohio.

  • Don’t just assume your healthcare professional knows your entire medical background.
  • Know your own medical history.
  • Ask questions and get all information needed for you to make informed decisions.
  • Know your current medications.
  • Double check the prescriptions your doctor writes.
  • Always ask the pharmacy to make sure you received the correct prescriptions.
  • Do your own research about any drug prescriptions, diagnosis, and treatment.
  • Follow your instincts. If you feel like something is wrong, it probably is.

Any actions you take now can decrease your chances of becoming a victim of medical malpractice. In life, we all make mistakes, but the risk is so much greater when you’re dealing with your health. By gaining knowledge about your medical history, diagnosis, and treatment, you can confidently become a part of your own healthcare team.

If you or a loved one was a victim of medical malpractice, you have to call me right away at 1 (877) 944-4373. I can help you get answers and the compensation you deserve. As your Ohio medical malpractice lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For more than 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

How Ohio Insurance Companies Value your Car Accident Claim

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If you have ever been involved in an accident, you may be familiar with the negotiation process of the opposing party’s insurance company. Often, insurance companies will quickly throw out a low offer in an attempt to get the other party to sign away the right to file a claim.

To the inexperienced eye, the amount may seem fair, but you should really ask yourself, “How did they come up with that number?” Once you agree on the payment terms with the insurance company and sign on the dotted line, there isn’t much I can do to help you. That’s why you should really know what you’re agreeing to before you sign anything, AND YOU SHOULD CALL ME!

Insurance companies place a value on your car accident claim by looking at two types of damages: (1) economic damages; and (2) pain and suffering.

The insurance company can and should compensate you for the following:

  • Medical expenses
  • Lost income
  • Permanent disability or disfigurement
  • Loss of time spent with family, friends, education, recreation
  • Emotional effects of the accident (anxiety, stress, relationships)
  • Property damage

Damages that have a clear economic value are easy to determine, but it is more difficult to place a number on pain and suffering and the effect the accident had on your life.

To calculate the amount deserved for non-economic damages, insurance companies commonly use a generic formula that multiples the amount of medical damages by a number between 1.5 – 5 (determined by the severity of the injuries).

Following that calculation, the adjustor will also include any and all lost wages to reach a final number. That number will be used as the starting point for negotiations.

If you or a loved one were involved in a serious accident, you deserve compensation for your injuries. Don’t let the insurance company take advantage of you. Be knowledgeable about your rights, and call me right away at 1 (877) 944-4373.

I have the resources and experience necessary to fight for you. As an Ohio personal injury lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For more than 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

Breech Baby: Schedule a C-Section

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Throughout a pregnancy, obstetricians are trained to look for certain warning signs or red flags that signify the baby and/or the mother-to-be might be in danger. Typically during the third trimester, doctors will assess the baby’s position in utero, to determine whether a vaginal delivery will be safe.

97% of all babies are positioned head down. For those babies, vaginal delivery is safe, assuming there are no other labor complications. For the remaining 3% of babies who are not positioned head down, doctors should consider performing a caesarean birth (c-section).

Babies who are positioned feet or butt down, commonly referred to as breech, have a 33% higher likelihood of injury or death if delivered vaginally.

When a doctor suspects your baby may be in breech, he or she will first notify you of this potential complication. As the third trimester progresses, your doctor will encourage you to wait to see if the baby turns around naturally before making any decisions about delivery.

If the baby does not turn around naturally, doctors will use medical techniques to attempt to get the baby to switch positions. If you are getting closer to your due date, and the baby is still in breech despite your best efforts, you should have a conversation with your doctor about the possibility of caesarean birth (c-section).

Recent statistics show that as many as 60% of women who have a baby in breech decide, in advance, to have a caesarean birth. Of the 40% of women who do not plan a c-section, almost half end up having an emergency c-section.

With all of the risks associated with a vaginally delivered a breech baby, it is shocking to me that some women still make the choice for a vaginal delivery. What’s even worse is women make this choice without being fully informed of the potential risks and consequences.

It is important to ask a lot of questions during your pregnancy and to make sure you are fully informed about every decision you make. Your health and the health of your baby depends on it. If you experienced complications during your pregnancy, and as a result, you or your baby suffered a serious injury, you need to call me right away at 1 (877) 944-4373.

As your Ohio birth injury lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For more than 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

 

Should Ohio Doctors be Drug Tested?

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In the world in which we live, there are certain professions that are responsible for public safety – pilots, bus drivers, train operators, police officers, firefighters, construction workers, electricians, and doctors, to name a few.

The individuals holding these positions place the lives of others in their hands every time they go to work. Because of the magnitude of their responsibility to others, we want to make sure they are capable and prepared. Sometimes, that means licensing and certifications, or continuing education, supervision, and even drug testing.

Most public safety jobs require employees to be drug tested. However, there is one in particular that does not – medical professionals.

California wants to be the first state to require doctors to be drug tested. Proposition 46, which is a California ballot initiative focused on issues surrounding medical malpractice, includes a law that would subject all doctors to random drug testing. The initiative would also raise the damage caps for medical malpractice cases from $250,000 to $1.1 million to reflect inflation.

Substance abuse is a known issue in the medical profession, and given the access medical professionals have to controlled substances, something needs to be done. Proponents argue, “No one should be above or below suspicion… we all need to play by similar rules.”

Opponents say it is just another tactic by personal injury lawyers to make more money, but truthfully, with as many as 400,000 people a year dying from preventable medical errors, does it really matter what the motivation is behind the law?

Doctors shouldn’t be held to a different standard than other professionals who are responsible for the safety of others. If anything, we should pay closer attention to our doctors.

Medical professionals make life and death decisions every day, and if there is even a chance that someone is impaired, don’t we need to know?

Do you want to see a law like this passed in Ohio?

If you or a loved one was a victim of medical malpractice, you have to call me right away 1 (877) 944-4373. I can help you get the compensation you deserve. As your Ohio medical malpractice lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

Child Safety in the Car: What you Need to Know

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This month my twins, Gus and Ruby, turned one, and my son Max will turn five this December. As a parent, my number one priority is keeping my children safe. Despite my best efforts, I cannot control every situation my children encounter, but my wife, Stephanie and me do the best we can.

One major risk our children face everyday is transportation. Over 1,000 children under the age of 14 died in motor vehicle accidents in 2012, and almost 200,000 were injured. Cars are dangerous for everyone, but they are especially dangerous for children. Regardless of the risks associated with driving, automobiles help us live our lives, and unfortunately, we need them.

Parents should take the following steps to prevent their children from becoming victims of motor vehicle accidents:

  • Make sure your child is buckled up.
  • Make sure their car seat/booster seat is age and size appropriate.
  • Safely place your child in the back seat.
  • Remain focused on the road at all times. If your child, or anything else, is distracting you, pull over until you know you can focus again. 

Every state has different laws for children safety in the car, but below is a general seating guide for how to keep your child safe in the car depending on his or her age.

Newborn – Two

From the time a child is born until the age of two, he or she should be riding in a car seat in the back seat of the car, facing the rear. If the child reaches the height and weight limits of their car seat before they turn two, upgrade their seat according to the manual.

Two – Five

Between the ages of two and five, children should remain in an age and weight appropriate car seat, in the back of the car, with the car seat facing forward.

Five and Up

When a child turns five, he or she should advance to a booster seat, until they can safely wear a seat belt.

As soon as your child can safely wear a seat belt (recommended height for seat belts is 57 inches), they have officially outgrown their booster seat. You should keep in mind, that regardless of age, your child is safest in the back seat of the car.

It is important to continue to take all safety precautions when driving whether your children are with you or you are alone. Driving is a serious responsibility, and it is up to you to keep yourself and your family safe on the road.

If you or a loved one was injured in a bad accident, you have to call me right away at 1 (877) 944-4373.

I have the resources and experience necessary to fight for your rights. As an Ohio personal injury lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For more than 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

What Ohio Insurance Companies WILL NOT Tell you after your Car Accident

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In today’s society, insurance companies play a very important role in our every day lives. Whether you buy a home, drive a car, or are ill and need to see a doctor, insurance companies dictate every decision made.

Sometimes insurance companies act as a security blanket; making you feel more at ease, but that is not always the case. After a car accident, insurance companies will do everything they can NOT to pay on your claim, and that includes lying!

Here are 4 things Ohio insurance companies will never tell you following a car accident:

1. Insurance may be able to compensate you for more than just medical bills, lost wages, and the cost of repairing your car.

Depending on policy limits, insurance companies sometimes have to ability to compensate you for other damages, such as pain and suffering, household expenses, and the changes to your lifestyle. However, insurance companies won’t disclose that information because they don’t want to pay out more money than they have to.

2. You need to hire a lawyer.

Insurance companies do not want you to hire a lawyer because they want to take advantage of you. This is precisely why Ohio insurance companies contact you almost immediately after your accident.

Insurance companies will do everything possible to coerce you to say things against your interest, and sign a settlement agreement, which will ultimately hurt your rights.

3. Insurance companies won’t tell you they actually want to settle your claim.

Insurance adjusters are trained to act as if they don’t care if your claim settles or goes to trial. The truth is they want to settle your case because going to trial will cost them far more money than they want to pay. A negotiation tactic is to purposely act as if they don’t care if a case settles or not… Don’t let them fool or intimidate you.

4. Insurance adjusters have been trained to negotiate.

Insurance adjusters will “play dumb” because they don’t want people to know they are dealing with a trained professional negotiator. While they aren’t lawyers, they have been taught to negotiate claims. They use tactics to keep your settlement amount as low as possible. You should have someone with just as much experience as they have acting on your behalf to negotiate your claim.

Don’t do this alone! If you or a loved one was injured in a bad accident, you have to call me right away at 1 (877) 944-4373.

I have the resources and experience necessary to fight for your rights. As an Ohio personal injury lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For more than 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

 

Tim Misny Accepts the ALS Ice Bucket Challenge

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As a Cleveland Personal Injury lawyer, I have represented people made victims by no fault of their own.

The ALS Ice Bucket Challenge has been a great first step in boosting awareness for Amyotrophic Lateral Sclerosis, also known as ALS or Lou Gherig’s Disease. This challenge is so important because it puts ALS at the forefront to facilitate awareness. That is why I participated in the Ice Bucket Challenge!

Lou Gherig’s Disease is a neuro degenerative disease affecting the nerve cells in the brain and spinal cord. The results of this are devastating, and no known cures have been found. However, scientific research has opened up our knowledge to the disease over the past several years. Opportunities such as the ALS Ice Bucket Challenge are increasing awareness and raising money towards the ALS Association and its research!

We all have loved ones, friends, or co-workers who have been affected by Lou Gherig’s. Almost 30,000 Americans may have the disease at any given time—in retrospect, the disease occurs in 2 per every 100,000 people.

The more money raised, the more we can accelerate research to eradicate this! Whether you know someone suffering from ALS, I challenge you to take on the Ice Bucket Challenge. Check out the link to see who I challenge!

 

Tim Ice ALS Bucket Challenge

 

As your Ohio Personal Injury lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

Ohio Medical Malpractice: “If I signed a waiver before surgery, can I still sue?”

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When someone has been hurt badly, or even killed, as the result of a medical mistake, the victim and/or the victim’s family come to me for answers. Doctors, hospitals, and insurance companies will do everything they can to keep you from the truth, but I make it my mission to get to the bottom of what actually happened.

A common concern I hear from victims of medical malpractice pertains to the consent form they were required to sign before surgery. Victims worry they won’t be able to pursue a medical malpractice lawsuit against their surgeon and the hospital because they consented to the surgery.

Signing a consent waiver before surgery does not prevent you from pursuing a medical malpractice claim. When a patient signs a surgery consent waiver, that patient is only acknowledging that he or she has informed consent and understands the following:

  • The medical condition causing surgery
  • All available treatment options and side effects
  • The prognosis of the condition
  • The risks associated with the course of treatment (surgery)

A consent waiver does not excuse any wrongdoing by a medical professional. Please note that doctors are not negligent if a patient experiences a known risk of the surgery. Doctors are only negligent if their behavior falls below the standard of care any reasonable doctor would uphold under the same circumstances, and their mistake causes damage to the patient.

Doctors are also negligent when they commit gross negligence. Gross negligence, by definition, is conduct so reckless that even someone outside of the medical profession could identify it as wrong.

If you or a loved one was a victim of medical malpractice, don’t try to answer these questions alone. Call me right away 1 (877) 944-4373. I will help you get justice. As your Ohio medical malpractice lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.