Uber Lawsuit: Liability Issues Concerning Popular Mode of Transportation

Share Button

Uber, a new smart phone app-based cab service, is becoming so popular it may be putting Taxi-Cab services out of business. You’ve probably heard of Uber; you’ve used it, you have friends who used it, or you could even be a driver yourself.

Uber makes it incredibly easy to secure transportation. You simply have to download the Uber App to your mobile phone, request a ride, and pay with a credit card. The app tracks your location from the GPS built into your phone, as well as tracking the location of the Uber car that is responding to your request. No cash is exchanged by hand; it is all handled electronically.

With new technology, specifically new transportation technology, there may be issues of liability. Before you download the Uber App, consider the following:

  • What happens if you are injured while riding in the Uber car?
  • What if you are hit by an Uber vehicle?
  • If an accident occurs involving an Uber car, who will be responsible?

Since Uber is a new company, legal issues that may arise are new as well. It is important to hire an attorney with the experience and resources necessary to ensure you win your case. That is why If you or a family member were injured while using Uber services, you have to call me at 1 (877) 944-4373.

The following are just a few of the complicated legal issues associated with an Uber lawsuit:

A lawsuit associated with an Uber accident will generally have two defendants – your specific Uber driver and Uber, the company. This means you will be looking to multiple parties for compensation for your injuries.

Uber attempts to disclaim liability for their drivers by claiming the drivers are independent contractors, thus Uber cannot be held responsible for their actions. However, Uber recently increased insurance coverage to cover their drivers after they were named in a wrongful death lawsuit. (Further investigation found that the driver was distracted by the Uber app, and as a result, struck a family at a crosswalk, killing one family member and injuring the others.)

According to a representative of the company, “Uber is taking this step (increasing insurance coverage) to eliminate any ambiguity, while the insurance industry and state governments update policies and regulations for the new world of ride-sharing transportation.

Uber’s increase in insurance coverage does not eliminate the issue of distracted driving, but it will help to protect those injured as a result of this new transportation service.

As your 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.

Avoiding Car Accidents in Cleveland, Ohio: How to Prepare for Winter Weather Driving

Share Button

After the holidays, the longest part of Winter in Ohio begins. We will be fighting the snow for the next two, three, or maybe even four months. Winter weather presents a number of challenges for Ohio drivers. It is important to prepare for the Winter driving season to avoid accidents, and other road hazards.

Here are some tips you and your family can use to get ready for snow, ice and freezing temperatures:

1) Preparation is everything.

  • Make sure your car is serviced and ready for winter driving.
  • Prepare for emergencies – make sure you have safety equipment, blankets, snow shovel, flares, flashlight, and jumper cables.  If it is a long trip, make sure you have food, water, medications and a full tank of gas.
  • Plan your route, check the weather, and make sure you have plenty of rest.
  • Never drive while intoxicated.

2) Driving in the snow is different than ordinary driving.

  • Keep plenty of space between you and the driver in front of you.  Icy roads increase the time necessary to stop.
  • Brush up on your winter driving skills.
  • Drive slowly.  Accelerating and/or braking quickly on snow covered roads may cause your car to spin out.
  • If your car starts spinning, always release the gas peddle and turn your wheel in the direction you want your car to go.  Do not hit the gas peddle unless you are already in the direction you want to go.
  • Make sure you are paying attention to the road. Distracted driving is always dangerous, but there is even more risk during the Winter months. NO TEXTING AND DRIVING.

If dangerous Winter weather contributed to your accident, you need to call me right away at 1 (877) 944-4373.

I will help you understand what you are entitled to and help you get the compensation you deserve. As your 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.

Medical Malpractice: How Expert Witnesses Help Me Fight for You

Share Button

Medical malpractice and birth injury lawsuits are incredibly complex. If you or someone you love was made the victim of a medical mistake, it is important to find an attorney who has experience in the area of medical malpractice and medical negligence.

Just as important as it is to find a lawyer with experience, it is important to retain a lawyer with the resources to fight for you. A medical malpractice case requires the use of expert witnesses to prove that a medical professional failed to act in accordance with his or her required standard of care. Having access to good expert witnesses comes at a cost, and you need a lawyer who has the financial resources to obtain expert witnesses to prove your case and get you the compensation you deserve.

What types of expert testimony is needed for your medical malpractice case?

  • Medical experts to educate the jury about the standard of care, and explain what could have and should have been done to prevent the injury
  • Medical experts to educate the jury about your prognosis and the long-term effects of your injuries
  • Life-care planners and economists to help calculate the cost of living and care following the injuries
  • Vocation experts who are knowledgeable about how your injuries will affect your ability to work in your field following your injuries

In other types of personal injury cases, you may require the same experts listed above, but you may also need:

  • Accident re-constructionists who will be able to inform the jury about how a car accident happened and who was truly at fault
  • Construction and safety experts who can explain how and why unsafe conditions caused a work accident
  • Engineering experts who can explain why a dangerous product was improperly designed or manufactured to cause injury

A malpractice lawyer with experience and resources will know exactly what type of expert testimony you need to prove your case.

Your medical malpractice attorney will be able to inform you if he feels that expert testimony will be needed in your case.  When a personal injury case is very complex, and your attorney feels that it may be difficult for the jury to understand some of the issue, he will hire an expert witness.

If you or someone you love was injured as the result of someone else’s negligence, you need to call me right away at 1 (877) 944-4373. I have the resources to fight for you and protect you, as well as the experience and tools to prove your case . As your personal injury 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.

Texting and Driving: The Leading Cause of Accidents in Ohio

Share Button

Texting and driving is now the leading cause of auto accidents in Ohio.  As many as 800,000 people per day text or talk on cell phones while driving.  According to the National Highway Traffic Safety Administration, texting and driving is six times more dangerous than drinking and driving.

When a person reads or sends a text, they take their eyes off the road for approximately 5 seconds. Taking your eyes off the road for 5 seconds while traveling 55 MPH is equivalent to driving the length of a football field blindfolded.

Accident occur while texting and driving because of:

  • Slower reaction times
  • Missed lane changes
  • Increased chance of head on collision
  • Increased chance of hitting a pedestrian
  • Increased chance of single-car crashes
  • IT’S ILLEGAL

When you can prove an accident was the result of texting and driving, that driver is always negligent. If you or someone you love sustained a serious injury because of a distracted driver, you have to call me at 1 (877) 944-4373. I will do everything in my power to fight for you and get you the compensation you deserve after your accident.

As your Cleveland Ohio 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.

 

 

 

Ohio Car Accident Numbers on the Rise over the Holiday Season

Share Button

The holiday season is upon us! From the week of Thanksgiving until after the new year we spend our time celebrating with family and friends – Christmas shopping, get-togethers, going out for drinks to catch up. With the hustle and bustle of the holidays, the roads can become dangerous for drivers.

In Ohio, 19 deaths and hundreds of accidents occurred over the Thanksgiving weekend.

The National Highway Traffic Safety Administration (NHTSA) has shown that Thanksgiving day has 5 times as many fatal traffic accidents as an ordinary day, with Labor Day, the fourth of July, and Memorial day not far behind. The following are factors that make the roads more dangerous during the holidays:

  • Increased traffic, at least 50% more motorist on the roads
  • Increase in alcohol consumption
  • Increase in driving distances
  • Possible adverse weather conditions

If you are planning a road trip over Christmas and the New Year, you should take these steps to arrive safely at your destination.

1. Plan your route.  Going over your route ahead of time will make your trip less stressful.

2. Check weather reports.  Knowing weather conditions will give you a chance to adjust your departure time or select an alternative route to your destination.

3. Service your vehicle.  Make sure your vehicle is in good working order.

4. Do not drink and drive.  If you plan on drinking make sure you have a designated drive,r or make other transportation arrangements.

5. Be well rested.  Get a good night’s sleep the night before your planned trip, and if you feel too tired to continue driving, stay in a motel for the night.

You can’t stop other drivers from making mistakes and/or using poor judgment when driving during the holidays. All you can do is be aware of the possible dangers and don’t make yourself part of the problem. Be safe on the roads so the holidays can be the joyful time they are meant to be.

If you or someone you love was involved in a car accident, you need to call me right away at 1 (877) 944-4373. As your 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.

 

Are Non-Medical “Keepsake Ultrasounds” Putting your Unborn Baby in Danger?

Share Button

“Keepsake ultrasounds” have become more and more popular in recent years despite the FDA warning against them; “Keepsake ultrasounds” are ultrasounds taken in a non-medical setting and used for non-medical purposes.  These ultrasounds promise to offer a more detailed look at the fetus. Packages usually include a set number of 3-D ultrasound images, and video set to music.  The cost for a keepsake ultrasound is roughly $200.00.

In a medical setting, an ultrasound is an incredible diagnostic tool and considered quite safe. Nevertheless an ultrasound will heat up tissue around the fetus and can produce small bubbles on that tissue. Long term adverse effects of excessive heating of the tissue are currently unknown.

The FDA took a firm stance on “keepsake ultrasounds” when it found these ultrasounds were performed in non-healthcare settings, and were not monitored by healthcare professionals.

Companies looking to make a profit are not acknowledging the dangers associated with this practice. The number of ultrasounds given and the duration of the ultrasounds, are uncontrolled, which could be increasing potential health risks to mother and baby.

Until the long-term effects of this practice are determined, those interested in “keepsake ultrasounds” should be wary. An ultrasound is an valuable medical tool when it is used to monitor the health of your unborn baby; but used incorrectly, they could be very dangerous.

The FDA guidelines state that an ultrasound should not be used for any of the following reasons:

  • Non-medical reason for a picture of your fetus
  • Specifically to learn the sex of your baby
  • For commercial reasons

FDA guidelines only regulate ultrasound machines, not their technicians. It is up to individual states to determine who is qualified to perform ultrasounds. In Ohio, ultrasounds performed for non-medical reasons are legal. That is why it is important for you to protect your own health and the health of your unborn baby by refusing non-medical ultrasounds.

If you or your child suffered injury as the result of a non-medical ultrasound, you have to call me right away at  1 (877) 944-4373. We will meet for a FREE consultation, and I will evaluate your situation.

As your birth injury 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.

Will My Prior Injuries Effect My Car Accident Claim?

Share Button

When someone with prior injuries is involved in a car accident, he or she often wonders if their prior injuries will effect their ability to file a car accident claim. As a personal injury lawyer, I have had many people ask me that very question, and my answer is always the same – DON’T EVER ASSUME YOU CAN’T FILE A LAWSUIT.

Before you make any judgments about the merits of your case, talk to a lawyer. Yes, insurance companies will immediately focus on your prior injuries; they will try to use it as a bargaining chip to reduce your compensation, but I won’t let them take advantage of you. Regardless of your prior injuries, you still have the right to be compensated for the harm you’ve suffered.

Obtaining compensation for your injuries when you have prior injuries will be challenging, but not impossible.  You will have to prove that your current injuries, or the worsening of your prior condition is directly connected to the car accident.

With prior injuries, you must prove the following in order to have a successful claim:

  • The car accident caused your injuries.
  • The other party was negligent.
  • The other party owed you a duty of care.

In order to prove your case, you must collect the following information:

  • Statements from accident witnesses
  • Police report of the car accident
  • Photos of the accident scene
  • Medical records
  • Proof of your new injuries vs. prior injuries

Be sure to fully disclose your prior injuries at the outset of your case. The worst thing you can do is try to hide the existence of prior injuries, and then be confronted about them later in the process.

When you turn your medical records over to an adjuster, he or she will evaluate your doctor’s prognosis, and have an expert determine how your new injuries relate to your prior injuries. Your best chance at recovery is for medical experts to be able to separate your old injuries from your new injuries, and to link your new injuries to the car accident.

If you or someone you love was involved in a car accident, you need to call me right away at 1 (877) 944-4373 so I can help you evaluate your case. I will help you understand what you are entitled to and that you get the compensation you deserve.

As your 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.

 

Ohio Lawmakers Propose Law to Shield Doctors from Admitting Medical Malpractice in Court

Share Button

Imagine finding out you or your loved one was injured, or even killed, as the result of a medical mistake. What if your doctor told you it was his fault? Ohio is proposing a new law that would prevent victims of medical malpractice from using doctors’ admissions of fault against them in court.

As a medical malpractice lawyer, one of the most common requests I get from victims and their families is they want answers. They want to know what caused the injury or death, and they want to know if the medical mistake could have been prevented.

Ohio lawmakers propose that a new law shielding doctors’ admissions of fault from being used against them in court, will allow doctors to be honest with patients and their families; providing them with the answers they need and will prevent the filing of some medical malpractice lawsuits.

Ohio currently has an “I’m Sorry” Law that protects apologies by doctors from being used in court. The proposed law would expand on this existing law by including admissions of fault. Medical malpractice attorneys, myself included, strongly oppose this law because doctors should have to own up to their mistakes in and out of court.

There is no other profession, in which you are allowed to make a mistake, admit fault for that mistake, but then be protected in a court of law. Lawmakers believe this will give victims and their families the answers they need, but answers are not the only thing they need – they need compensation for their damages and loss. They also need to know that what happened to them isn’t going to happen to others in the future.

If you or someone you love was injured as the result of a medical mistake, you have to call me now for a FREE consultation at 1 (877) 944-4373. I will help you understand your rights. 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.

Who Will Pay My Medical Bills After an Accident?

Share Button

When you’re involved in an accident, you may incur medical bills – medical bills that need to be paid right away. A common assumption is that the party at fault for the accident is responsible for covering the cost of medical bills; however, that is not the case.

Generally speaking, you are responsible for initially paying your own medical bills, regardless of who is at fault for the accident. The party found to be at-fault for the accident in a court of law may be responsible for damages, which will include medical bills, but he or she is not responsible for covering medical bills without the filing of a lawsuit, and as you know, lawsuits take time and usually don’t resolve quickly.

The following are general rules of thumb for various types of accidents and the payment of medical bills:

Motor Vehicle Accidents

  • “No Fault” States – Your auto insurance will pay medical bills, with limits, regardless of who is found to be at-fault.
  • Non “No Fault” States – You will generally be held responsible for your medical bills unless your insurance policy has med pay coverage, which will cover your medical bills up to the med pay policy limits.

Slip and Fall Accidents

  • Injured person is responsible for covering medical bills unless property insurance has med pay coverage, which will cover an amount up to the policy limits.

Boating Accidents

  • Injured person is responsible for covering medical bills, as boating insurance polices typically do not offer options for med pay coverage.

Work Accidents

  • Medical bills are paid by the Bureau of Workers’ Compensation.  The injured party is not responsible for any medical bills or deductibles.  Workers’ compensation may even reimburse the injured party for transportation expenses to and from doctor visits.

Despite these general rules, every case is different. If you or someone you love was injured in an accident, it is important to consult a personal injury lawyer right away, so you know exactly what to do when you get those medical bills in the mail.

Call me to schedule a free consultation today at 1 (877) 944-4373. As your 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.