Ohio’s Top 8 Areas for Car Accidents

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If you live in Ohio, you’re familiar with the dynamic weather we get throughout the year. In an instant, we begin at summer and rapidly move into a dangerously icy winter!

Life-time Ohioans seem to adjust easily between sunshine and treacherous winter storms, but for unfamiliar drivers it can be a recipe for disaster.

By August 2015, Ohio car accident fatalities reached a devastating number of 665.

Authorities and statistics often look at what caused these deadly accidents, but what we often seem to overlook is where these accidents occur.

Based on ODOT’s studies of over 300 locations, they have identified the highest accident-prone areas in the state of Ohio.

As of ODOT’s 2015 statistics, these are the top 8 accident-prone areas in Northeast Ohio:

  1. Dead Man’s Curve
  2. I-480 over Broadway Ave
  3. I-90 east near I-71, SR 176 split
  4. I-490 west at SR 176
  5. SR 8 between Perkins St and SR 261
  6. I-76, west of SR 8
  7. I-77 north between SR 224 and I-76
  8. I-90, north of I-71

When you are on the road—no matter what type of weather we encounter—you must always be cautious and vigilant!

Car accident fatality numbers in Ohio are climbing and the only way we can work to reduce fatalities is to hold ourselves accountable and be responsible drivers. If you or a loved one was injured in a car accident, call me today for your free consultation.

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.

Protecting Yourself Against Uninsured Drivers

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The state of Ohio requires all motor vehicle drivers to carry insurance or proof of financial responsibility— it is the law!

However, there are many people out there who do not carry car insurance or only carry the minimum coverage requirement. As an attorney and a friend, I can tell you that it is dangerous and irresponsible to not carry sufficient insurance! Sadly, I see my fair share of drivers who have caused serious harm to others and do not have insurance to cover those who are injured.

What can we do to avoid being in that type of situation? The law can require drivers to have insurance, but there will always be drivers who disobey the law.

Protect yourself against uninsured drivers by adding Uninsured Motorist Coverage to your policy.

Uninsured motorist coverage provides security to its driver in the case of an accident caused by a driver with no liability insurance.

Here are some key points of this type of policy:

  • Uninsured motorist coverage varies by state, but it is available to Ohio drivers.
  • It can be purchased through your car insurance provider.
  • Coverage only applies if it is purchased before an accident occurs, it cannot be added to your policy after.
  • If you are injured by an at-fault driver but they do not carry insurance, your coverage will kick in to cover you.
  • Coverage cost is inexpensive; it can range from 10-20% of your policy.

The only way to insure that you will always be covered no matter the situation is to consider adding this coverage to your policy.

As a car accident attorney for over 30 years, I have had the unfortunate experience of telling many injured victims that the at-fault party does not carry insurance.

Take preventative measures and protect yourself and loved ones by purchasing uninsured motorist coverage!

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 in birth injurymedical 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.

 

 

 

Car Accident Fatalities on the Rise Due to Excessive Speed

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In 2013, the state of Ohio gave the green light to increase the speed limit on interstate highways from 65 to 70 mph. Since this decision, there has been a 23% increase in drivers ticketed for excessive speeds of 100 mph or more. The correlation between these two factors is resulting in some serious consequences.

Last year there were 1,094 Ohio traffic accident fatalities; high speed was involved in one-third of the deaths.

This recent statistic is not only unsettling but it also proves one major point: one third of these fatalities could have been prevented!

Many drivers will go at least 5 mph over the legal speed limit, but what happens when that legal limit is already at 70 mph?

As drivers adjust to these new speed limits, here are several tips that may help prevent high speed accidents:

  • Slow down! Keep within the legal speed limit.
  • Only use the fast lane to pass another vehicle; do not ride the highway in the fast lane.
  • Use the slow lane if you are uncomfortable with high traffic speeds.
  • If you are driving in poor weather conditions, always use the slow lane.
  • If weather conditions cause low visibility on the road, use the slow lane and turn on your hazards.
  • Move over for drivers exceeding the speed limit.
  • Always use your turn signal!

In the same year Ohio increased interstate highway speed limits to 70 mph, state troopers wrote 597,933 speeding tickets.

Every time a person exceeds the speed limit, they not only put themselves at risk but they put the health and safety of other drivers in harm’s way. Don’t risk the lives of others! Slow down and drive with care.

If you or a family member was hurt in an accident due to a negligent driver, call me today for your free consultation. 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 in birth injurymedical 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.

How to Request Medical Records When You Suspect Medical Malpractice

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In my 34 years as a medical malpractice lawyer, I have seen many situations where access to medical records have been denied when a doctor’s negligence is suspected.

If you suspect a doctor’s medical negligence resulted in your loved one’s injury or death and the hospital will not release their medical records, here are several reasons why:

  • You are not next of kin
  • Power of Attorney ceased when your loved one passed away
  • You are not the Administrator or Executor of the estate

In some unfortunate cases, a hospital may simply refuse to provide the necessary documents if there is suspicion of foul play by a medical professional.

If you are unable to acquire your loved one’s medical documents, the following steps may be necessary to pursue a medical malpractice claim:

  • When a person dies, any power of attorney that a family member may have, expires.
  • An individual needs to be appointed Administrator or Executor of the Estate in order to obtain the authority to get the medical records after that point.
  • An individual will need a Probate attorney to help them file the appropriate paperwork. *I do not recommend handling this part on your own.*
  • Once an individual has been appointed, they would need to provide their Appointment Papers along with a release for the particular institution or physician to obtain the records.

If you suspect you or a loved one was a victim of medical malpractice by a doctor and cannot request medical records, follow the above steps and contact an attorney for further assistance on obtaining medical records.

In the state of Ohio, citizens have the right to access their health care records!

No person should suffer for a medical professional’s mistake and live with the detrimental consequences of another’s error. Call me immediately if you feel that you have received substandard care that resulted in serious injury or even death.

As your Cleveland, Ohio medical malpractice attorney, I will fight for you.  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 in birth injurymedical 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 Injuries- Understanding Cerebral Palsy in 2016

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As we progress further into 2016, doctors and lawyers alike are learning more about birth injuries and how these injuries can be reduced.

However, new studies show the prevalence of certain birth injuries has not decreased just yet; specifically, the prevalence of Cerebral Palsy. In 2015, there was no drop in CP prevalence.

Cerebral Palsy is a common disorder that affects motor deficiency and the brain. According to recent statistics, 1 in 323 children have been diagnosed with it.

There are three types of CP:

  1. Spastic cerebral palsy results in stiffness in the limbs.
  2. Ataxic cerebral palsy causes problems with depth-perception, balance and walking.
  3. Athetoid cerebral palsy includes involuntary and uncontrolled movements.

Cerebral Palsy is an injury to an infant’s brain before, during or after delivery.

As a birth injury attorney, many parents ask me what causes CP and if it can be avoided. My answer is yes; it can be avoided!

Injuries to the brain that can eventually lead to birth injury include:

  • Oxygen deprivation
  • Labor lasting longer than 18 hours
  • Instrument related injuries (forceps or vacuum extraction)
  • Maternal infection before the delivery

A doctor must provide a certain standard of care by making proper decisions, performing required procedures, and providing any follow-up care in a timely manner. Each of these injuries can be avoided with proper medical care!

How will you know if your child’s injury resulted in Cerebral Palsy?

If you suspect or know that your child suffered an injury at birth affecting the brain, it is very possible to result in Cerebral Palsy.

Most children are diagnosed at an average age of 18 months and may have symptoms including: limited or no ability to walk, epilepsy, stiff muscles, intellectual disability, and/or impaired vision.

Tests that can be done to determine if your child has CP are CT scans, MRIs, cranial ultrasounds, and blood tests. If you think your child is at high-risk for CP or has been confirmed with CP, call me immediately.

Not only can a doctor’s negligence result in this serious birth injury, but their negligence will forever change the life of your child and family. You and your loved ones should not have to fight this alone!

Make Them Pay

As your Cleveland, Ohio birth injury lawyer, I’ll be there for you, and will fight on your behalf. My clients deserve justice and I will do everything I can to Make Them Pay.

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical 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.

What Can History Reveal About Head Injuries?

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Head injuries have been a topic of discussion among football players as of late, and it’s for a good reason. Recently, 34 professional football players have died from various causes, but they all have one thing in common; they were all diagnosed with Chronic Traumatic Encephalopathy.

Chronic Traumatic Encephalopathy is a degenerative brain disease believed to be caused by repetitive brain trauma, and is most typically seen among deceased NFL players.

Although only recently recognized as a degenerative brain disease, history may prove CTE has been around for a lot longer.

Yale Memory Clinic recently reported that King Henry IV suffered many of the symptoms associated with CTE following several severe brain injuries varying from jousting injuries to severe falls.

As history notes, King Henry began experiencing a multitude of symptoms following his injuries. Many of his symptoms, Yale suggests, mirror the symptoms of CTE.

Key symptoms of CTE include the following:

  • Memory loss
  • Aggression
  • Personality changes
  • Progressive dementia
  • Depression
  • Impaired judgement
  • Lack of impulse control

As a brain injury attorney and advocate for traumatic brain injury awareness, the best way to reduce or diminish the high risks of head injuries for our athletes is to educate ourselves.

Know the facts, symptoms and consequences of severe head trauma. By doing so, we can learn more about CTE and how to prevent the progression of this disease. It’s time to make a change in how we handle head trauma!

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

Author: Tim Misny | For more than 34 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical 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.

Wrongful Death Claims: How Can an Autopsy Report Help?

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The pain of losing a loved one is heart-wrenching, but the pain of losing a loved one due to medical negligence is horrific and should never happen. Losing a family member wreaks havoc on emotions and can make it difficult to think, speak, act, or comprehend exactly what happened. Understandably, the furthest things on the minds of those who are grieving is to request an autopsy report.

It is critical to request an autopsy report if you suspect your loved one’s death was the result of a medical negligence!

To pursue a wrongful death claim, an attorney must be able to prove negligence by a medical professional directly caused the patient’s death.

A death certificate is documentation provided by a medical practitioner that certifies a deceased person’s physical state and vital statistics such as name, age, date of birth, date of death, cause of death and location of death. Additionally,  an autopsy is a post-mortem examination the decedent to determine the cause of death.  An autopsy is conducted by a medical examiner.

The difference between a death certificate and an autopsy report is significant.

An autopsy can help determine the causal connection of negligence with cause of death.  A death certificate only touches the surface.

In some situations, the death certificate may make clear that the patient’s death resulted from a medical professional’s negligence. However, the causal connection may be difficult to establish if the patient has a history of medical issues. This is when an autopsy report is needed.

You will need a knowledgeable medical malpractice attorney that can determine the causal connection between medical negligence and cause of death.

In the state of Ohio, your lawyer must prove these 4 things:

  • The patient’s death was a result of negligence.
  • The patient would have been entitled to compensation for their injuries if they had survived.
  • A patient’s surviving family member exists.
  • The surviving family member suffered damage as a result of the patient’s wrongful death.

If you suspect substandard care resulted in your loved one’s death, you need to call me immediately.

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

Author: Tim Misny | For more than 34 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, Dayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

 

Don’t Be a Silent Victim of Medical Malpractice

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Medical malpractice is, unfortunately, a risk we as patients take each time we receive medical treatment. Doctors are humans and can make errors in judgement; however, a doctor’s error can result in serious injury or in severe cases, even death. A question that you should ask after suffering injury by a medical professional is: could this injury have been prevented?

The results of a Harvard Medical Practice study exposed a shocking number of medical negligence cases that have gone unreported.

The study reviewed 2,671,863 patients, and out of those patients they discovered there were 98,609 adverse events. Out of those were 27,179 adverse events due to medical negligence.

That is over 27,000 unreported medical negligence cases in one year.

This number represents over 27,000 patients or patients’ families that were made victim by a doctor’s medical negligence. Additionally, the study identifies the following:

  • Ages 64+ were at higher risk of receiving substandard quality of care
  • The gender of a patient did not have a significant impact
  • Older patients with pre-existing health issues received substandard medical care

Whether you, a parent, spouse, grandparent, child or a friend was severely injured by the negligence of a doctor, speak up… do not be a silent victim!

A doctor’s duty to his or her patient is to always provide a high standard of medical care, no matter what the medical history, insurance or complication is!

If you or a loved one has suffered a debilitating injury or even death by a medical professional’s substandard care, you need to call me immediately. Do not remain silent as these other 27,000 patients have in the past.

As your Ohio Medical Malpractice attorney, I will fight for you and your loved ones. 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.