Ohio Social Security Disability Rights

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In Ohio, if you are injured or suffer from a long term medical or mental health condition, you may be eligible for social security disability payments to assist in covering your monthly expenses. These benefits can range, but typically provide for supplemental income if you are unable to work and gain adequate income due to health and medical conditions. Starting with the application process, the entire road can be intimidating and confusing. For many, the end result is a denial of your claim. As an experienced attorney, my team has fought for those individuals to gain fair benefits through the social security disability programs available in our state. Simply reapplying is not typically an adequate means to get the benefits you deserve, and I will rally on your behalf to gain the long term benefits you are entitled to.

The required information and the overall process itself, is everything but encouraging

The first step is to review the application requirements.  A person is required to provide a wealth of information prior to beginning the application process. Personal information, financial information, medical information and more are all part of a lengthy and discouraging application process. I have had countless clients all but give up until they sought legal assistance.

Don’t settle for what Social Security Benefits are Offered

When it comes to social security disability benefits, you shouldn’t settle for some of what you deserve. The system that is in place assigns a value to your disability claim and any arguments to the contrary go unheard. Let me take on the system and fight for the benefits that are due.

As your experienced Ohio lawyer, I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

The Horror of Vehicular Accidents

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More than 37,000 people die annually in auto related accidents in the US. In addition, over 2 million individuals are injured in that same time period.

For the last 34 years, I have worked with victims and their families to gain fair compensation when an accident occurs resulting in a debilitating injury or fatality. I have seen everything from blatant negligence to what truly seems to be a ‘wrong time, wrong place’ situation for all involved.

Meeting with an accident victim or their surviving family members is gut wrenching and never gets any easier for me; but I know they depend on me to help them obtain justice and fair compensation.

In some cases, pursuing charges can be emotionally complicated

As seen in recent news, young individuals are susceptible to causing and/or becoming a victim of an auto accident. Earlier this year a particularly heart wrenching accident caused the death of two Hawken School students. The unimaginable had happened and the lives of smart, handsome young men were tragically cut short. As an attorney, and as a trusted confidant, it is my job to provide legal guidance during these emotionally trying times. As a parent, I cannot imagine the loss that these families are dealing with. Equally unimaginable is trying to put the pieces together to decide whether or not to move forward with a case for personal injury as a result of a car accident.

It is important to seek legal guidance immediately following an auto accident

The insurance companies are quick to sweep the proverbial broom and clean up all trails following an accident. This can leave a victim or their families with unpaid medical expenses, and in this case end of life expenses. Knowing your rights in the State of Ohio, and holding those responsible, accountable, can help you deal with the trying times to come.

As your Ohio car accident lawyer,  I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Personal Injury Damage Caps in Ohio

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Does The State of Ohio Have Damage Caps on Injury Claims?

The answer is yes! Ohio law states there is a maximum amount of money an individual can receive as payment for damages. However, without a personal injury lawyer in your corner – your case may never see the inside of a court room, much less yield the compensation you deserve.

My clients often come to me with a level of fear that is unimaginable because they are very unfamiliar with the legal process and never before had to pursue a personal injury case. The defending parties, such as corporations, medical institutions, insurance companies and other big players – have already ‘made it very clear’ that injured parties don’t have a legal leg to stand on, and it is best to take what they offer… if in fact they offer any compensation at all.

Contact me as soon as possible following an injury or accident.

The actions you take immediately following an injury or accident are critical. As soon as you are able, and preferably before speaking with any interested parties, contact me. As an experienced injury attorney, I will navigate the facts of your case and fight for the compensation you deserve. My clients get ’round the clock’ access to me, including my personal cell phone number.  I am there for you every step of the way!

There are damage award limitations for some injury claims.

In Ohio, the maximum compensation that can be awarded in an injury case is $250,000. This law was enacted in April of 2005 and has withstood the test of time. However, the most important facts is what this law does not apply to.

In the event of a catastrophic injury, such as paralysis, loss of limb, severe head injury and other similar occurrences, the $250,000 cap does not apply. This is due to the extenuating circumstances that often accompany these injuries. Life long care, lost wages and diminished future earning capacity all factor into this.

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

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Football and Catastrophic Injuries

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With Cleveland Browns’ Training Camp in full swing, we are excited and hopeful for a winning season! Like you, I enjoy cool fall days, watching Sunday games, and listening to the buzz that surrounds Cleveland football.

As an injury attorney, I can’t help but cringe at the sound of bones cracking and heads slamming against the ground. What many people don’t consider is the debilitating or even fatal injuries that occur on the field.  All the money in the world isn’t worth a permanent brain injury or other catastrophic injury.

Instances of neck or head injuries, broken limbs and torn muscles make national news – but many serious injuries are not readily detected until years later when former players present with dementia, memory loss and other horrible physical impairments.

The National Center for Catastrophic Sports Injury Research releases a survey of football related injuries each year, and the results are horrifying.

Three types of fatalities covered in this annual study are direct, indirect and non-exertion.

  • Indirect fatalities can be secondary, like an infection that lead to death, or as a result of exertion, such as a heat related injury.
  • Direct fatalities are as they sound, an injury on the field such as a head, spine or limb injury.
  • Non-exertion fatalities are relatively new to the annual study, and involve deaths that did not occur on the field, but are suspected to be related to cardiac health.

In 2014, 6 football-related deaths were reported as a direct fatality

Of the 6, 5 occurred in high school sports and 1 at the collegiate level. No direct deaths were reported at semi-professional, professional or youth levels.  10 additional deaths were reported as indirect, ranging from cardiac, heat and water causes. Another 5 deaths were reported as cardiac related, non-exertion fatalities.

The numbers may be small, but the potential for injury is staggering

If you or a loved one have been injured during organized sports practice, conditioning or in games, it is important that you contact me today.

As your Ohio catastrophic injury lawyer,  I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

 

Birth Injury Claims – More Than Fair Compensation

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While each and every one of my clients has my unwavering attention, from time to time cases tug relentlessly at my heart strings. In cases of birth injury this is especially true.  As a birth injury attorney I have fought and won many gut wrenching birth injury cases; As a father of three, I am sickened knowing families are forever harmed.

When you contact me after the injury of your child has occurred, I will be available to you in your time of need, 24/7.  I have the relentless need to find out what went wrong, why it went wrong, and who is responsible.

My goals for every birth injury case

Not surprisingly, my job and priority is to make sure you and your family receive the compensation you deserve. Fair compensation should allow you to continue to live as ‘normal’ of a life as possible. Your family should not have to worry about the cost of ongoing medical care, future complications, potential lost wages, household expenses and other aspects of your life that will be or have been adversely impacted by your child’s birth injury.

My second priority is to prevent this from ever happening again. With over 4 decades of experience, my clients understand that I have a duty and a desire to fight for justice. As an experienced attorney, I have the unique ability to change the way things are done, thus preventing other families from ever having to experience a similar heartbreak. Using my professional experience, case law and relentless effort – I strive to change the policies governing the care that lead to the injury of your child.

As your Ohio Birth Injury Attorney,  I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Two Types of Personal Injury Compensation

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When I meet with a client, we typically discuss the specifics of their injury claim, the laws governing this type of personal injury case and the outcome we can expect.   One of the most important discussions we have concerns the type of compensation they may be entitled to. Whether or not the case goes to trial,  it is my duty to pursue the best outcome for my clients.  In many cases, a fair settlement is reached before we ever walk through the court room doors, but many other cases require me to fight to the bitter end on their behalf. Understanding what I am fighting for is critical for the client to have a solid grasp of the various phases of the case.

Calculating what would be considered fair compensation for an injury can be incredibly complex. This is exactly why it is so important to hire an experienced personal injury attorney; to protect the client’s interests and be there for them from the start of the injury case to the very end.  I have the monetary resources to hire expert witnesses and to pay for everything we need to successfully prove a personal injury case.

For a personal injury claim we can seek two types of compensation.

The facts of a personal injury case will dictate the type of damages we can seek; compensatory damages and punitive damages are two compensatory types.

Compensatory damages can be economic as well as non-economic.

The following are examples of compensatory damages:

  • cost for potential medical problems in the future
  • pain and suffering
  • lost wages
  • emotional distress
  • loss of any future earnings
  • loss of companionship
  • property damage
  • household expenses

Punitive damages, also known as exemplary damage,s are awarded to deter similar action from occurring in the future.

Punitive damages can only be recovered in certain cases and for certain reasons.  When punitive damages are awarded it is with the purpose of punishing the wrongdoer and to discourage them or others from similar behavior. Punitive damages will only be awarded if the facts of the case prove intentional disregard for safety and/or reckless behavior that was a direct cause of the injury.   In Ohio, punitive damages are difficult to recover, proving all the more reason to have an experience attorney by your side.

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

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Catastrophic Work Injury

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Regrettably, another news headline sweeping Northeast Ohio is only touching the surface of a family left to grieve and pick up the pieces following a catastrophic workplace injury. In this incident, a variety of factors led to the unthinkable –  a 10-foot trench collapsed onto a worker while he was performing repairs.

The Long Road of Catastrophic Injury

After the initial news, any individual would be expected to be emotionally and mentally drained. As an attorney, I see time and time again that victims and their families simply do not know where to turn. This particular case could involve a variety of liabilities, including improper safety reinforcements per the Occupational Health and Safety Administration (OSHA) as well as potential neglect on the part of the excavation company working at the scene.

Long after the headlines fade, loved ones are left to pick up the pieces and try to make sense of a senseless tragedy. After all, I know when I go to work each and every day I have the expectation of safety, as I am sure you do as well! Whether it was neglect or otherwise, the responsible parties have taken a man’s life and caused a lifetime of irreversible pain for the family.

As a catastrophic injury attorney, I specialize in workplace fatalities to gain families like yours the compensation they deserve.

As an experience catastrophic injury lawyer, I can advise and guide loved ones through the confusing and intimidating legal process. Catastrophic injuries that lead to death can leave behind a lifetime of expenses. Final arrangements, medical bills, potential future earnings and pain and suffering can all be taken into consideration during legal proceedings to fight for the justice that is so deserved.

As your Ohio catastrophic injury lawyer,  I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Do You Consider Yourself A Good Driver?

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How would you classify your driving habits? For many, traffic laws haven’t been thought about since the driver’s exam! Over time we all develop poor habits behind the wheel that can lead to complacency and potential danger.

Knowing traffic laws and following traffic laws are very different

It is important to have a solid understanding of traffic laws, safety signs and other driving nuances regardless of how long we have been behind the wheel. We have all been guilty from time to time of making a split second decision, or momentarily taking our eyes off the road. Thankfully for many, nothing bad happened but others are not so lucky.  As an injury lawyer, I have seen the worst of the worst in terms of accident related injuries and death; I implore all drivers to drive defensively, and obey all traffic and safety laws.

Aside from potential injury, practicing good driving habits can have a financial impact as well. Reduced insurance rates and peace of mind are at the top of the list of benefits when it comes to responsible, safe driving. For business owners, this goes a step further to protecting your livelihood while you and your employees are on the road!

Take the Time to Refresh your Skills and Knowledge

There are a variety of resources available for drivers to shore up on their driving skills and knowledge. Start with this fun quiz and see how your knowledge matches up! The Defensive Driver Safety Training program offered by the National Safety Council is another great resource for individuals and business owners as well.

If you or a loved one is injured in a car, truck, motorcyle or other roadside accident, call me today.

As your Ohio accident lawyer,  I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Protecting Our Children from Personal Injury

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Personal Injury Isn’t Reserved for Adults

If you’ve watched or read the news recently, it is unlikely you missed the story of the young boys that suffered severe burns while playing outdoors at a daycare facility. As parents, we try our very best to protect our children at all costs, and the same expectation exists for childcare facilities. In our absence, we expect care providers should abide by laws and standards to provide a safe, nurturing environment for our children.  In cases of neglect, or even abuse, I have fought tirelessly to gain compensation for the injured child and their family.

Although I do not have all of the facts of this case, it is highly likely that negligence occurred at the expense of these poor kids.

Children and Personal Injury Cases

When it comes to adults, we can calculate rather quickly the time, resources and costs associated with sustaining an injury. The impact of being unable to work or care for family as a result of an injury is undeniable. In the case of an injured child, determining adequate compensation for a life altering injury is more complex.

As a parent of an injured child, you are not only paying medical and insurance expenses, you likely missed work and are in need of supplemental assistance if you have other children that require care while you are away. When fair compensation is at stake, all of these factors must be considered to ensure those responsible are held accountable.

For my clients, and my very own family, I feel strongly that as a society we must continue to fight against individuals that harm our children.

As your Ohio personal injury lawyer,  I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Bicycle and Pedestrian Accidents – Share the Roadway!

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Summer = Surge of Pedestrian and Bicycle Accidents

In the beautiful weather we all want to be outside walking or riding our bicycles and enjoying the warm air and sunshine! Unfortunately, this can also mean a rise is accidents and injuries due to careless drivers. As a pedestrian or a bicyclist, it is your right to use the road with the expectation of safety. Abiding by traffic laws may not always be enough to keep you or your loved ones safe on the roads.

Bicycle Safety Basics

If available, bicyclists should always utilize bicycle paths or bike lanes when riding. A bicycle rider is far less visible to a distracted driver and far more likely to get hit.  As with motor vehicles, bicyclists can be stopped and ticketed for not following traffic and safety laws set forth in the Ohio Revised Code. Ensure that you have the proper safety equipment and are well versed in the laws and rules that govern bicycles in the area in which you are riding. Always be cautious of approaching vehicles, and take the extra precautions to ensure a safe traveling distance.

Pedestrian Safety

While the common belief is that pedestrians ‘always have the right away’ it is important to be aware of your surroundings and to utilize posted cross walks, signals and pedestrian paths. Stay in the driver’s line of site and ensure there is adequate room between you and the car lane; especially if you have young children or pets accompanying you. While it is your right to travel on city roads and streets on foot, it may be safer and more enjoyable to stick to neighborhoods with sidewalks or trails. Always be mindful of traffic patterns around you, and take care to pay extra caution in parking lots and busy intersections.

In the case of an accident or injury, contact me immediately

Pedestrians and bicyclists will commonly fall victim to careless drivers. Whether failure to maintain a safe distance, or distracted driving caused the accident – The negligent driver should be held responsible. If you are able, seek immediate medical attention and contact police.  Be aware, an injury may not present itself immediately so it is very important get checked out.

As your Ohio personal injury lawyer,  I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.