Personal Injury on College Campuses – Who is to Blame?

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OU Sorority Personal Injury Claim

I have 3 young children at home, but I know in the blink of an eye I will be loading up the car and driving my son Max to college! As parents, we instill values, guide our children to be productive members of society, and pray they stay safe while doing so.

Many universities boast social safety, but physical safety is often an afterthought.  I am not talking about harm caused by another person, but rather harm caused by poorly maintained buildings, sidewalks, roads and more.  Kids and parents alike are often overwhelmed with the application process, school tours, and financial aid and easily overlook the most basic safety aspects.

An Ohio University news headline caught my attention – A Sorority member suffered a serious injury in the sorority house where she lived.  An automatic-closing door with a sharp extruding mechanism severed her Achilles tendon.

The sorority chapter that owns the house in which this injury occurred denied any wrongdoing and said the victim should have had reasonable knowledge of the door mechanism.  In many instances, victims of personal injury on a college campus may feel as though they contributed to their own injury an do not seek legal recourse.  The problem is the victim is not justly compensated, nor are changes mandated to ensure other students remain safe.

Promoting a Safe Environment

As a personal injury attorney, the number one question I am asked regards the validity of a case. More often than not, legal action for injuries on college campuses are not sought and as such we don’t know how many more injuries could have been prevented if proper legal recourse was taken from the outset?

For this case and many others like it, the importance of reporting an incident and holding responsible parties accountable can minimize safety concerns and future occurrences.

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.

$2.25 Million Taser Injury Settlement

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A recent injury settlement in Painesville, Ohio has brought to light the serious ramifications of taser misuse.  Tasers may not be considered lethal objects, but in fact their use has resulted in serious injury and even death.

The Long Term Effects of Taser Use

Tasers are commonly used to defuse situations without the use of deadly force. Unfortunately in some instances, being tazed can result in long-term physical complications.

Heart Injury resulting from taser use is not uncommon. Prolonged ‘tazing’ can result in arrhythmia and heart attacks. If the victim survives, he/she faces a lifetime of medical care, medications, dietary and lifestyle changes and more.

Brain Injury can also occur from taser use. In the taser case mentioned earlier, the individual was ‘only’ tazed for 26 seconds. I use the word ‘only’ very loosely. The average cycle on a taser is about 5 seconds, so 26 seconds is 5x the standard cycle time. Lack of oxygen, and loss of consciousness can occur resulting in a severe impact on brain function. Motor skill deficits, judgment, concentration and speech can be adversely altered by a traumatic brain injury. This particular victim reportedly now suffers from cognitive deficits and memory loss, and is expected to need lifetime care as a result.

Impact Injuries may not be as dramatic as depicted on the big screen, but the loss of bodily control during the ‘tazing’ process will likely lead the individual to fall to the ground. This can result in impact with walls, furniture and other objects. These injuries should not be taken lightly as they can be cause for lifelong pain and suffering. Rehabilitation and drug therapies can become the new daily routine.

As with any injury case I handle, my two priorities are to gain fair compensation for my client and to set the precedent for future changes in training, policies and safe operation. The Painesville Police Department has made positive strides for taser safety since this event.  The department trains officers more thoroughly on proper operation, recognizing the signs of trauma and other related case scenarios. While a taser is a valuable tool for law enforcement personnel, proper training is essential for safe operation.

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.

Catastrophic Injury – Damage to the Senses

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Catastrophic is defined by such terms as life-altering, disastrous and conclusive. Catastrophic injuries are typically related to traumatic brain or bodily injury from which an individual never fully recovers. In the real world, catastrophic injury cases do not fall on some type of scale, and no one is equipped to judge the sacrifices and challenges an individual will subsequently have to endure. This is so true of catastrophic injuries to the senses such as sight, smell, hearing, touch and taste.  The impact can be vast.

Catastrophic loss of senses can occur as a result of surgical mistakes, brain trauma, anesthesia errors, chemical exposure, explosions and more.

  • Loss of eyesight
  • Loss of hearing
  • Loss of smell
  • Loss of taste
  • Loss of touch

Medical professionals and other negligent parties may lead a victim to believe that the loss of ones senses was an expected, and acceptable outcome, but in many scenarios that is simply not the case. While many of us are guilty of taking our very basic senses for granted, the damage or loss can be overwhelming. Think of all of the things we do and rely on by using our senses.  Without them, life will be forever changed. The type of work we do, how we care for our families, driving, and other common aspects of daily life may all be effected.

If the damage or complete loss of senses is the direct result of an injury, accident or negligence, you may be entitled to receive monetary compensation. Current and future medical expenses, lost wages and pain should all be adequately compensated. The loss or damage to your senses will impact the rest of your life, and it is important that negligent parties be held accountable.

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.

 

Avoid Injury – Play it Safe this Halloween!

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My family and I are arguably the biggest Halloween fans in Cleveland! From our annual gathering to my Misny costume contest, I think that Halloween is a great time of year to celebrate friendships, family and festive fall fun. However from a professional standpoint, I have a very different perspective when it comes to the Halloween. Halloween is not fun for victims of careless, preventable accidents. In fact it can be tragic. Let’s keep it safe out there this weekend!

Misny’s List of Halloween Safety Musts

 It is easy to become distracted when caught up in the moment, but carelessness can lead to tragedy.

  • Always take care to plan your trick or treat route on safe, well-lit streets
  • Use proper cross walks and be diligent in checking before crossing the street
  • Watch for parked cars or cars backing out of drive ways
  • Enlist family and friends to keep a close eye on little ones
  • Make sure masks and face decorations allow for clear eyesight
  • Use a flashlight
  • Use glow rings, lights and other bright identifiers – It becomes dark earlier this time of year
  • Have an emergency plan – A designated meeting point
  • Keep a watchful eye for loose candy and other un-wrapped treats
  • Keep electronic devices, ear buds and other distractions away
  • Report any reckless driving or behavior to authorities

For drivers, Halloween can present a unique set of challenges. The abundance of pedestrians on the roads, coupled with darkness and holiday excitement can make for dangerous driving conditions.

  • Drive slowly and cautiously – use headlights and turn signals
  • Plan for extra driving time for safe traveling
  • Be incredibly cautious when backing up
  • Pay extra attention between parked cars and crossings
  • Avoid distractions at all costs! No food, phones, costume tinkering, etc.
  • Plan for a designated driver if you plan to consume alcohol
  • Report any reckless behavior or drivers to police
  • Avoid taking pets along for the ride – They increase distraction

Accidents and other tragedies can happen any day of the year, but more so with the chaos of Halloween. The Ohio Department of Transportation reports that on Halloween night in 2012 over 50% of accident fatalities resulted from someone driving under the influence. Keep yourselves and your families safe on the roads and on the streets. Halloween is one of my favorite holidays, and we can all enjoy the fun and festivities safely this weekend!

If  you or a loved one has been injured in an accident, call my offices immediately. 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.

DuPont Guilty: Personal Injury Victim Wins Settlement

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Recently a woman received a settlement for her personal injury claim against DuPont – Netting her 1.6 million dollars in compensatory and punitive damages. While there is certainly no definitive way to put a price tag on pain, emotional toll, or the other aspects of life that are impacted when our health is ailing, this is a much deserved ruling.

This injury settlement is predicted to be the first in a series of more than 3,500 cases against DuPont for knowingly contaminating water and concealing the details of these operations. In Parkersburg Ohio, a variety of victims have experienced painful, expensive and traumatic repercussions as a result of the contaminated water caused by DuPont. An 8-year exhaustive study proved there was indeed a link from the intentional water contamination to a host of diseases. For individuals living near the DuPont plant, this could mean cancers, heart problems, digestive issues and more. DuPont is expected to appeal the verdict, but for now this victim and a host of others are celebrating the victory.

Holding Responsible Parties Accountable

While the process may seem insurmountable, my clients know that egregious behavior from corporate big-leagues must have consequences. Your health and wellness are your most precious possession!

As an experienced injury attorney for more than 4 decades, navigating the laws, acquiring expert testimonies and supporting a successful case from start to finish is my passion.  For companies that commit egregious and negligent actions, strict financial punishments are often the only way to send the message and prevent future occurrences.

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.

Trucking Accidents; 3rd Party Accountability

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Accidents involving tractor trailers can be confusing to navigate. Pedestrians, automobile drivers and truck drivers themselves can suffer debilitating injuries because of 3rd party negligence.

Understanding the Difference – Operator vs. 3rd Party

If an operator of a motor vehicle behaved negligently and it resulted in an injury or death, the operator can be held accountable. A host of factors are considered before an injured party is awarded compensatory and punitive damages.

Alternatively, if a third party such as a trucking company, failed to properly maintain its fleet of trucks and ultimately resulted in an injury or fatality – Both the operator and any other injured parties can be eligible for compensation.

Types of 3rd Party Involvement

Semi trucks are not alone on the road, and their safe operation is dependent on a variety of factors. From the drivers side of the equation, proper licensing, training and care lend to safe and careful operation on the roadways. From a 3rd party perspective; proper parts,maintenance procedures, or the cargo itself can impact the safe operation on the roadways.

Incorrect loading procedures, obscured or doctored cargo inventories, faulty parts and poor maintenance can all lead to catastrophic results. With the size and speed of a multi-axle vehicle, the results can be devastating for both the operator and other drivers. Purposeful negligence on the part of 3rd parties needs to be recognized and penalized;  a precedent must be set so a similar event will not happen again.

Compensation in a Truck Accident

As the victim of an accident resulting from 3rd party negligence, you are entitled to compensation for medical expenses, lost wages and more. From surgeries to medications, long term rehabilitation, equipment, travel fees and lost income – Fighting for your rights is what I do.

As your Ohio truck 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.

Court of Claims – Holding an Ohio Government Entity Responsible for an Injury

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Lawsuits Against Government Entities

Holding a government party responsible in a lawsuit in the state of Ohio is unique from cases against an individual. In my experience, suing a city, county or even the state requires thorough preparation and a true understanding of the law. Covering the basic differences only scratches the surface!

Notice of Claim It is necessary to take an additional step when initiating a claim against state government.   This process can quickly become complicated even for an inexperienced legal team! The claim format, claim submission, time period and other specifications must be properly executed for your claim against the government to be accepted. Then and only then can we file suit!

Timing As with any legal proceedings, cases are governed by a statute or time limit. When it pertains to an injury case against a government entity, this time limit is typically shorter than in a personal injury incident in which a claim is filed against a business or an individual.

These time limits can also vary greatly within a single area! From city, state, county and other geographic areas – Your claim may need to be filed as quickly as  30 days from injury occurrence. If you or a family member have been injured as a result of negligence or wrong doing from a government agency, it is critical that you contact me immediately.

Exceptions Not surprisingly, government entities are considered to be exempt for some injury claims. In addition, in most states the government agency cannot be forced to pay punitive damages, only compensatory damages to the injured party. Punitive damages are typically applied as a deterrent – To prevent the responsible party from committing this behavior or negligence again in the future. The logic is that punitive damages wouldn’t have the same impact on an offending government entity as they would on an individual or a business.

Exemptions can range, but as your injury lawyer I have the expertise and ability to win your claim against an Ohio city other government entity.

As your 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.

Minimizing Sports Related Injuries with Robotic Technology

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Unfortunately, I handle some incredibly heartbreaking injury cases resulting from contact sports participation . Regardless of age, ethnicity, social status, training, equipment, preparation, etc. contact sports pose significant danger to athletes.   From catastrophic spinal and brain injuries and more – My clients have learned the hard way just how dangerous the field can be.

Most of us believe the majority of injuries occur during a game, however, injuries occur more frequently during practice. Grade school, high school, college and NFL players are all subject to debilitating and catastrophic injury from tackling; from long term cognitive impairment to lifelong rehabilitation and sometimes death.

I recently learned of exciting technology coming from the Dartmouth University Engineering department, and I am excited to share the information with you! Dartmouth students have resolved to provide a solution for safer practice and to minimize the risk of concussions and other injuries.  Dartmouth students have introduced us to a new kind of MVP. 

Robotic Technology in the Name of Safety

The MVP, or Mobile Virtual Player, provides a way for athletes to be able to tackle moving targets, but without the chance of injuring their teammates. While many coaches have tried to implement a rule against tackling during practice, bags and sleds are not exactly the ideal practice alternative from a skill-development standpoint. The Dartmouth MVP aims to provide a safe yet challenging alternative. From a remote operation, the MVP can simulate every position on the football field, aside from the QB!

An investment in MVP technology can truly make a world of difference for athletes of all ages! While the football field may be the last place we expect to see a robot, it is a step in the right direction. If you or a loved one has been injured on the field or in practice, call me immediately.

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.

 

Contingency Fees for Personal Injury Cases: To Good To Be True?

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My clients are often perplexed by the entire concept of contingency fees. The very framework of contingency fees can seem completely enigmatic – Which can often deter injured victims from coming forward in the first place! Make no mistake, a contingency fee structure is always beneficial to the client. Ensuring you have a solid understanding of contingency fees and how it can impact each case can be critical when someone ponders legal recourse. As the victim of an injury resulting from medical malpractice, birth injury, negligence, accidents and more, you can seek financial compensation without ever spending a dime from your pocket.  Contingency fee structure provides a realistic way to gain the justice and the compensation you deserve.

Why would any attorney offer contingency fee services?

I think inherently as humans, we are pre-programmed to be suspicious and cautious. It is against our very nature to comprehend the thought of ‘free’ professional services. Contingency fees are not free, but rather a mutually beneficial system where the injured victim and legal professional are fairly compensated.

When I take a case, I exhaust every possible resource to prepare and present the facts. From expert witnesses to extensive research, testing and everything in between – There is no expense spared when it comes to my clients’ cases. My clients are always my number one priority, and they deserve to be compensated for their injuries. It is my job to obtain the highest compensation possible and when this occurs, I too get compensated based on a percentage of the settlement. It is truly a win win for all parties concerned!

Realities of Contingency Fees

In the real world, while some cases may not result in the amount of compensation desired, it is also fairly common that cases are proven and won quickly, with your favorable outcome upheld. A contingency fee may seem like a steep price to pay if your case is settled quickly, but consider the alternative – the fact that very few cases are successfully resolved without the help of an personal injury attorney. Keep in mind contingency fees are established up front, at the beginning of our client-attorney relationship, and you can be 100% confident that I am truly in your corner.

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.

Holding Responsible Parties Accountable: Police Pursuit

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Officer Involved Auto Accident

An Ohio couple involved in a car accident has filed suit against two townships and several officers. Following a calculated traffic stop, a chain of events unfolded leaving this couple severely injured at no fault of their own. The accident in and of itself involved a fleeing suspect, but the question is, could the officers have prevented this tragedy?

The innocent couple reportedly suffered injuries resulting in over $200,000 in medical bills, as well as tremendous pain and suffering.  The injured couple’s car was just one of several vehicles hit by the fleeing suspect, but their injuries were particularly catastrophic. The township responded to the lawsuit by saying the couple was partly to blame, and that emergency response laws protect the officers.

Wrong Place, Wrong Time

The events leading up to this accident reportedly involved a calculated drug bust with an unpredictable criminal. The suspect was to be stopped in his vehicle and apprehended, as it was thought easier/better than t conduct a home raid due to the propensity for danger and outbursts from the suspect. If the suspect fled, officers were instructed not to pursue. Unfortunately on this particular day, the suspect did in fact flee and police did in fact pursue, resulting in injury to several innocent people.

While the brave police men and women deserve the utmost respect and admiration, it is still important to recognize that careless behavior leading to avoidable consequences is simply unacceptable. Had the officers planned and handled the situation differently as directed, the 107 mile-per-hour race through town could have been avoided. By pursuing the suspect against orders, and placing the spike strips that ultimately sent the vehicle careening, the officers and the township seem to have some explaining to do.

In today’s day and age, technology coupled with advanced police skills make it virtually impossible to disappear. The assailant could have been easily apprehended after the fact! In this particular case, based on the available information in the news, it seems this couple is entitled to fair compensation.

As your Ohio accident 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.