Life Insurance Death Benefit Denial Investigation- Why You Should Not Trust Insurance Companies

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A few years ago, I got a phone call from a former client’s mother who told me that her husband of 56 years had passed.  I of course offered my condolences.

She said that it had been about a year since his passing and for some unknown reason, the insurance company with whom they had a life insurance policy had refused to pay on the policy, even though they had never missed a premium payment.

I assumed that there was a misunderstanding, and I offered to look into the matter for free, as a courtesy to her family.  After navigating through the administrative maze, I finally spoke with the adjuster in charge of the file.

Much to my surprise within a five minute conversation, it became abundantly clear to me that the death benefit was being denied for no reason what so ever!

I told the adjustor that if he did not have a check for the full benefit to this dear widow within 24 hours I would become his worst nightmare. Needless to say, my client was whole and I made the bastard pay.

I had no idea that this practice is common place.

This past Sunday, 60 Minutes ran a segment that exposed insurance companies for this despicable conduct.

25 of our country’s largest life insurance companies agreed to pay back $7.5 billion in death benefits.

Insurance audits stated there are still 35 more companies that are under investigation and have not settled!

According to audits, major life insurance companies are being or have been investigated for failing to pay death benefits out to beneficiaries. Many policies are worth millions; however, these companies are valuing them at $10,000 or less.

This practice has become systematic among many well-known U.S. insurance companies.

The state of Florida is the first state to require life insurance companies to search death files, ensuring that families will receive the policy’s death benefits.

My greatest concern is: will other states follow suit to protect the people rather than the big insurance guys?

Just when I thought that insurance companies cannot possibly treat people any worse than they do, it is revealed to me that they can and will take advantage EVERY SINGLE chance they have.
If you or a loved one has been made a victim, NEVER, EVER trust an insurance company to do the right thing.  Call me, I will be there for you and I will 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 (855) 800-0384.

What Type of Birth Injuries Can Lead to Your Baby’s Brain Injury?

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Brain Injury Awareness Month is coming to an end, but as a father and brain injury attorney, I believe education on these types of injuries should never stop.

We often think of brain injuries as incidents resulting from sports or catastrophic injuries like car and motorcycle accidents. However, brain injuries can happen to even the tiniest of humans.

Whether you’re a parent, soon-to-be-parent, grandparent, or family friend, understanding the signs of brain injury in an infant are crucial. A small percentage of birth injuries, especially injuries that affect cognitive development, are diagnosed at birth.

Close to 14% of children are not diagnosed until they begin school when cognitive abilities are displayed. Only 7% of birth injuries are diagnosed shortly after birth.

What does this mean for parents?

Many clients are concerned it is too late to pursue by the time their child is diagnosed with a condition resulting from a birth injury. However, the statute of limitations in the state of Ohio for birth injury claims begins when the child turns eighteen. The parent(s) or child will have until the child’s nineteenth birthday to file suit.

What types of brain injuries can occur from a birth injury?

There are several kinds of birth injuries that can lead to traumatic brain injuries in infants:

Cerebral Palsy– CP is one of the most common types of birth injuries and is caused by an injury to the child’s brain before or during birth. This brain injury can lead to a disorder of muscle movement and coordination in your child. It is not curable but can be treated, if early enough, to give your child a better quality of life.

Eclampsia– Preeclampsia is a birth complication caused by high blood pressure. If it is not controlled, it can lead to eclampsia. Consequences of this include kidney failure, liver rupture, blindness, placental abruption or brain swelling. If left untreated, brain swelling could lead to more severe brain developmental issues.

Oxygen Deprivation– When a baby is born and does not receive the right amount of oxygen needed (also called anoxia), it can affect the infant’s brain ultimately leaving them mentally and/or physically disabled for the rest of their life.

Failure to Treat an Infection– if you or your child develops an infection while the baby is still in the womb, failure to treat it immediately could allow the infection to spread to the child’s brain. This could potentially cause permanent brain injury if left untreated.

Brain Injury Awareness should not be limited to one month and can occur to anyone, including our sweet children. If your baby was severely injured due to a birth injury, call me immediately. I will fight for your family’s justice.

As your Ohio birth injury 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 “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.

Ohio Construction Zone Accidents Yield Highest Fatalities in a Decade

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The Ohio Department of Transportation recently announced the new construction plans for the state will be close to $2.1 billion toward road and bridge projects.

What does this mean for Ohio drivers?

If you live in Ohio, especially the Cleveland area, orange construction barrels seem to swarm each road. Construction is nothing new, yet many drivers proceed with limited to no caution through construction zones.

In 2015 there were 30 fatalities and 1,000 injuries in Ohio construction zones.

According to the Ohio Department of Transportation, last year was the highest in construction zone injuries and fatalities in over a decade. These numbers alone revived the Ohio’s Move Over Law campaign (recently revised to cover construction, maintenance and safety crew workers in 2013).

The announcement of Ohio’s $2.1 billion construction plans will increase the number of construction work zones on our roads.

What does more construction mean? The possibility of more construction zone injuries and fatalities!

Drivers can take several steps to avoid work zone injuries:

Proceed with caution. Many construction zones decrease the speed limit to 50 or 55 mph; sometimes even less. Follow the posted speed limit and proceed through the work zone with caution, checking for workers on the side of the road.

Do not tailgate through a construction zone. Keep a safe distance between you and the driver in front of you. If there is an unfortunate chance that the driver in front of you needs to stop suddenly for a worker, safety stop, etc., you will have a better chance of avoiding a collision with a safe distance.

Turn on lights when driving through construction. By driving with your headlights on, workers and other drivers can see you coming. If weather causes limited visibility, your headlights could be a life-saving factor for a utility or construction worker attempting to move through the work zone.

Slow down and move over. Ohio’s Move Over Law emphasizes the safety of our city workers (construction, maintenance, police, etc). If you see a city vehicle or worker, slow down, use your turn signal, and move over a lane to ensure the pedestrian’s safety. This law applies to all state highways and interstates.

As construction barrels pop up and speed limits decrease in the months to come, follow these tips so we can reduce the number of work zone fatalities! If you or your loved one suffered an injury in a construction zone, call me immediately for your free consultation.
As your Ohio Catastrophic 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 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.

Traumatic Brain Injuries— Top 4 Causes in the U.S.

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Top Causes of Traumatic Brain Injury

Medical research for traumatic brain injuries is an ongoing effort in many different fields. As you may know, athletics account for a great deal of TBIs in the U.S., but the CDC’s research demonstrates the high frequency of these injuries outside of sports.

Brain injuries do not discriminate. These injuries can happen to any gender, age and race, and they can cause severe, life-changing injuries. Many of my own family and friends ask me about brain injuries in athletes but I cannot stress enough that it is not just athletes that sustain these!

The CDC released the top 4 causes for traumatic brain injuries in the United States.

The top 4 causes by highest number of incidents recorded are as follows:

  1. Fall injuries. The number of head injuries from falls accounted for approximately 40% of TBI’s in the U.S.
  2. Unintentional blunt trauma. These injuries include being hit by an object; they account for around 19% of reported TBIs.
  3. Motor vehicle accidents. Car accidents can result in serious brain injuries—almost 15% of TBIs resulted from a car crash. Car accidents are also the 2nd leading cause of TBI-related deaths!
  4. Physical Assault. The CDC reported that almost 11% of TBIs in the US are due to physical assault to a person.

Car accidents may not be the number one cause of TBIs in America, but resulting deaths by car accident head injuries are comparatively high! Some head injury victims do not always consider a bump to the head a serious injury, but an untreated head injury can result in deadly consequences.

Traumatic brain injuries can affect: cognitive function, motor function, emotion, and physical senses.

I cannot stress enough how important it is to seek medical attention if you believe you suffered head trauma! Always seek treatment with your primary doctor, emergency room or specialist following a car accident. Head injuries are nothing to joke about!

As your Ohio catastrophic injury attorney, I will 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.