Personal Injury Claims – Communication is the Most Important Key

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I was recently interviewed by Ray Carr for his 89.3 FM talk show, The Ray Carr Show.

The first question Ray asked me was a humdinger. He wanted to know how I go about giving my clients comfort in the face of the daunting and complex process of bringing a personal injury claim.

My answer was summarized in one word, communication.

Ray was surprised to learn that each and every one of my clients received my direct dial cell phone number. The reason is simple, my clients’ concerns and questions do not conveniently fall within the 9 to 5 parameters.

Moreover, I have found in my 34 years of representing families in birth injury, medical malpractice and catastrophic injury claims that if my client knows and understands the process from beginning to end, they will not only have a comfort level but they will be able to actively participate in the process.

The reason why this is so important is because I need to know every single detail about how the injury has impacted my client’s life.

To effectively prove damages and obtain the compensation my clients deserve, I need to demonstrate the true impact of the injury.

A few years ago I represented a lovely woman who was a retired school teacher. One day she was taking her mentally challenged adult daughter for a walk in the neighborhood. A neighbor’s dog got loose, attacked and viciously mauled them.

My client called me one particular day and told me how this tragedy had affected her from a psychological standpoint. She was depressed and, most understandably, had tremendous anxiety about leaving her home with her daughter.

As a result of that conversation I referred her to a psychologist who specializes in representing accident victims with post-traumatic stress syndrome. She received compassionate counseling that turned things around and allowed her to resume a happy, normal lifestyle.

The point of the story is, because I communicate with my clients one and one, I was able to learn of this sad problem and offer concrete solutions.

So, when Ray Carr asked me why I make such an effort at direct communication, I told him that it is the only way to effectively represent my client. Truth be told, if I were a client I would demand the same level of communication.

My commitment to communication does not only extend to clients receiving my direct cell phone number but in addition, I regularly meet clients at a time and place that is convenient for them.

Over the past three decades I have met clients at:

  • Their homes
  • Restaurants
  • Their place of business
  • Hospitals
  • Funeral home

I even met a family at a grave site.

When a bad accident happens and your life or that of a loved one is turned upside down, you need my help IMMEDIATELY. You are simply not equipped to handle the legal aspects and, moreover, you need to focus on getting well.

I invite you to listen to the full interview with Ray Carr on the link. You may find it enlightening.

If you or a loved one has been made a victim of a birth injury, medical malpractice mistake or a catastrophic injury, call me. I’ll be there for you and I’ll Make Them Pay!® 

As your Ohio personal 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.

Car Accident Claims- Why You Should Call an Attorney Before the Insurance Adjuster

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Today I received a disturbing phone call from a potential client.

She told me a week ago she was involved in a bad car accident. The very next day an insurance claims adjustor came to her house and got her to sign a release for a full settlement and accept a paltry check of $800.

A few days later she started to develop numbness and tingling in her legs. Recently she has become incontinent. The doctors informed her that she has a severe herniated disc in her lower back which is impinging upon nerves that control her bladder and legs.

She does not have health insurance and she is unable to work because of this tragedy.

Sadly, there is nothing that I can do to help her.

The lesson here is if you or a loved one are involved in a car accident, DO NOT under any circumstances accept a full and final settlement offer. You need to get checked out by qualified, caring medical professionals.

If this woman would have gone down that road, the battery of tests administered most assuredly would have detected the herniated disc and her medical bills and lost wages would have been covered in addition to receiving significant compensation for this lifelong, permanent, debilitating injury.

Please know that an insurance claims adjuster is not to be trusted under any circumstances.

Their interests are diametrically opposed to yours. In my 34 years of representing the injured victim, I have seen insurance claims adjusters secretly record people, get them to make statements against their interest, and feed them misinformation in effort to torpedo the client’s case.

When you or a loved one are made a victim, your very first call immediately should be to me. I will meet with you and your family at a time and place that is most convenient for you. I will personally lay out the strategy in course of action.

In essence, I will shoulder all of the legal concerns which will enable you to and/or your loved one to focus 100% on your physical recovery.

Once you retain my services, virtually all communication with the insurance company must go through my office. Immediately, I will start to lay the proper foundation for proving your case; oftentimes the same day I am retained, I engage an Accident Re-constructionist to physically go to the accident scene so that he may obtain critical information such as witness statements and photographs.

As the lovely woman I spoke with today learned the hard way, never ever trust an insurance claims adjuster and—in fact—never ever engage them in conversation.

They are heartless, calculating, and downright despicable how they take advantage of people.

Insurance companies are all about profit. Their business model is simple: take in premiums, invest that money in the marketplace, and make record profits. And when it comes time to pay out on a claim, they choose to either deny the claim in its entirety or pay a fraction of its true value.

If you were recently involved in a car accident, call me before speaking with an insurance claims adjuster.

As your Ohio car accident attorney, I’ll be there for you, and I will 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.

Teen Driver Safety Tips

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It’s happened. Your child is now 16.

It’s time for your son or daughter to learn to drive. As their parent, it’s your job to teach them.

It’s a daunting task. You want to do it right, but you’re not sure if you’re doing a good job. Follow these tips and teach these habits to make your 16 year old a safer, smarter driver.

Tips for teaching your child to drive:

  1. Make sure your child has experience driving in hazardous conditions like heavy rain and snow. It may seem obvious, but some teens get their learner’s permit in April or May and their driver’s license in October. Winter is coming and they may never have driven in snow.
  2. When teaching your child, don’t rush. Give them a chance to drive on side streets and in driveways before taking them on major streets. This builds their confidence and allows you to rectify mistakes.
  3. When your child is riding in the passenger seat, explain concepts to them. This is a simple way to give your child helpful information about the workings of the road, without the possible risks if your child is behind the wheel.
  4. Don’t be afraid of tough love. Try not to be angry or frustrated, but be clear if your child has made a mistake.
  5. Teach your child some basic repairs. They don’t need to be a mechanic, but they should have a general knowledge of how to change a tire, how to use jumper cables and other simple fixes.
  6. Smart car selection. While it’s good to know how to drive a manual transmission car, or an especially large car, it isn’t necessary for a new driver. Ideally, your child should learn in a car similar to the one they will drive the most (if not the same car).

Habits your teen driver should practice before and after they receive their license.

As your teen learns to drive, there are a several habits they should adhere to that will make them a safer driver.

Always have your child leave five to ten minutes early. This extra time will help your child to relax and prevent them from making poor choices in order to arrive on time.

Make sure your child is prepared. They should always have a means to buy gas (credit card, debit card, gift card or others) and they should be prepared to deal with different types of weather scenarios.

Finally, tell your child to relax. They should be focused, but they shouldn’t be stressed or worried. Remind them that wrong turns and missed exits aren’t a big deal, and mistakes happen from time to time.

Proper education goes a long way.

A good foundation of knowledge and experience behind the wheel can make your teen a safer driver. For a more comprehensive, detailed list of tips for teens and parents, go to www.teendriving.com.

If your teen was injured in an accident by no fault of their own, you need to call me immediately to guide you both through the process of a car accident claim.

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.

Were You Involved in a Car Accident With a Teen Driver?

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Seven out of 10 teen females and 10 out of 10 teen males get into an accident, or get a ticket before the age of 24.

That’s an incredible number of teens who are driving recklessly, getting distracted and making mistakes. If you are involved in an accident with a teen driver, there are several things you should know.

First, you must follow standard crash procedures. If it’s more than a fender bender, you must call the police, who will then make an official report.

If the accident is the teen’s fault, there are three types of insurance claims you can make.

  1. Against the driver for causing the accident
  2. Against the driver’s parents if you believe they knew (or should have known) about the child’s reckless tendencies when behind the wheel.
  3. Against the driver’s parents under the “Family Purpose Doctrine”. This states that the owner of a vehicle is financially responsible for any accidents caused by the vehicle. This law doesn’t apply to non-family members. Not all states enforce this law, but Ohio does.

Teaching or Parenting a teen driver?

If you are the parent, it’s difficult to avoid the Family Purpose Doctrine. If your child gets into an accident, you may be held liable because of this law.

However, as their parent, you can avoid being held responsible for your child’s reckless tendencies AND make your child a safer driver by teaching them to:

  • Follow the speed limit
  • Stop at stop signs and red lights
  • Refrain from texting and calling while driving
  • Not drive while under the influence or impaired
  • Avoid giving rides to distracting friends

While these are all established laws (and rightfully so), not all drivers follow them. This makes it easy for Teens to disregard the law and land them in a great deal of trouble.

When your teen is learning to drive, do your best to correct reckless behavior and ensure that your son or daughter follows the law. This protects you and your child, as well as other drivers on the road.

A Teen Can Lose His or Her License

Teens are on somewhat thin ice when it comes to the law. If a young adult accumulates more the 4 points as a result of traffic violations (a typical speeding ticket is 2 points, depending on the severity) they can lose their license. If a teen doesn’t stop and give their information at the scene of an accident, they can lose their license.

If you are an adult, you have much more room for error. While you shouldn’t take the blame for a teen, it is important to keep these facts in mind. It’s difficult to predict how a teen will react in an accident, but be sure to remember that the teen’s situation may be much more stressful than yours.

If you or a family member was injured in a car accident, call me today for your free consultation. I will work diligently to fight for the compensation you deserve.

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.

The Ohio Association for Justice & Why I Support It for Personal Injury Victims

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Over the many years, I have been asked to speak at my alma mater’s Villa Angela- St. Joseph, John Carroll University, and Cleveland State University- John Marshall College of Law. An often-asked question is, “why do I do what I do?”

The answer is simple; I take great pride in knowing that with my help, my clients receive fair and just compensation so that they may resume as normal of a life as possible. Secondly, the person(s) or company that caused my clients’ unnecessary harm is forced to change the way they conduct themselves and their business practices so no one else is harmed as a result.

Without my help, injured victims have absolutely no chance for justice. It is for this reason that I support the Ohio Association for Justice.

This wonderful organization works tirelessly to keep the courthouse doors open for all people to bring injury claims.

Make no mistake about it; the insurance lobby is among the most powerful political action groups in America. Their sole purpose is to limit people’s access to the courtroom through tort reform legislation in each and every state.

The Ohio Association for Justice is an organization dedicated to protecting the people by preserving our Constitutional rights.

Members work to provide advocacy and civil justice in our court house, and to protect our citizens from injustices. I am proud to be a member of this honorable group and hope to continue assisting those who have been made victims by other’s wrongdoings.

Not only does the OAJ serve to protect and fight for justice, but it also provides opportunity to educate our citizens in legal fields.

I encourage readers to learn more about the Ohio Association for Justice, and to call me if you’ve been injured due to another’s negligence.

As your Ohio personal 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.

A New Study Says Leading Distraction for Teen Drivers is Not Texting

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Texting and driving for new drivers as well as seasoned drivers is a huge problem, and why so many people have campaigned against texting and driving.

Surprisingly, a new study by AAA concluded over 15% of teens in crashes over the last eight years was distracted by a passenger in the vehicle.

Here is the study’s overall conclusion for the top 3 causes of more than 2, 200 teen accidents examined:

  1. Passenger distraction- 15% of accidents
  2. Texting or talking on the phone- 12%
  3. Looking at/for something in vehicle- 11 %

National statistics show that we are entering the 100 Deadliest Days for teen drivers.

AAA coined the phrase “100 Deadliest Days” as the time between Memorial Day and Labor Day weekend because, statistically, this is the time period for the highest number of teen car crashes. School just let out, summer is in full swing, and teens are taking full advantage of their summer freedom.

For teens, parents, and other drivers, we should all proceed with caution during these “deadly” days and educate our young drivers on vehicle safety.

Here’s what we can do to get through the upcoming days:

  • Have the discussion with your kids. Talk to your kids about the dangers of using a cell phone while driving. They’ve heard it time and time again, but having an open conversation and talking about what could happen may make them think twice.
  • Set a good example. Children learn life’s lessons by seeing their parents’ actions and reactions. If they see you texting, talking on the phone, using your camera, etc. while driving they may think it is okay too.
  • If you and your child are running errands together, let them drive so you can continue coaching and teaching. The more you do this, the more relaxed they’ll feel with you in the car and be more likely to accept your advice and tips.
  • Out of sight, out of mind. A good rule to teach young drivers is that a phone being out of sight will be “out of mind”, and they’ll feel less obligated to read texts or answer phone calls.
  • Limit the number of passengers. Parents cannot always monitor the number of passengers in their child’s car, but limiting the number allowed in their vehicle will increase the chance of safer trips on the road.

 We all have to start somewhere as new drivers but those who learn early and consistently will be more successful and safe drivers in the future. As parents, we have an obligation to make sure our own children and other drivers will be safe on the road.

If you or a loved one was hurt in an accident due to another’s negligence, you need to call me immediately.

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.

National Safety Month – Ohio Bicycle Laws – Prevent Bicycle Injuries

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National Safety Awareness Month addresses awareness for safety in many different fields, but I’d like to specifically discuss the safety of bicyclists and how Ohio applies legal regulations to protect both bicyclists and motor vehicle drivers.

The state of Ohio requires that bicyclists must follow the rules of the road just as motor vehicles do.

Bicyclists must:

  • Ride with traffic when on the road
  • Stop at red lights and stop signs
  • Follow traffic control devices
  • Utilize the same right-of-way rule
  • Use white light in front of bike and red on back
  • Use reflectors

Bicycles are permitted to use the roadway with vehicles, so drivers and bicyclists must obey traffic laws and make safe decisions.

Last year resulted in 25 bicycle accident fatalities in the state of Ohio; the average per year is typically 15 to 16 deaths.

Shockingly, about half of these deaths were in the daytime! What has changed that caused such a drastic increase in bicyclist fatalities within two years?

There are laws governing both motor vehicle drivers and bicyclists but the consequences of things like distracted driving, excessive speed, or driving under the influence can have much more severe outcomes.

In honor of National Safety Awareness Month, I encourage everyone to research state and local bicycle laws for a better understanding.

State and local laws can all vary because each political body can pass its own laws; you will want to check with your local municipality in addition to your state regulations.

Ohio laws constitute that when “overtaking and passing another vehicle in the same direction”, the passing vehicle must signal, slow down and pass to the left at a safe speed. However, current law does not specify what that safe distance is.

There may not be a specific distance stated by Ohio law but you should always proceed slowly and with caution!

Sharing the road isn’t just for motor vehicles! By understanding, following, and encouraging basic traffic laws, we can work to prevent the number of bicycle accident deaths as a whole.

If you were injured by a motor vehicle driver on your bicycle, you may be entitled to compensation from the at-fault vehicle’s insurance for any injuries.

Call me immediately for a free consultation if you were hurt in a bicycle-motor vehicle accident. You will want an experienced attorney by your side that will fight for you.

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.

Former NFL Player Bubba Smith is 90th C.T.E. Victim

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Recently a former NFL player, Bubba Smith, was the 90th NFL athlete to be diagnosed with Chronic Traumatic Encephalopathy—also known as C.T.E.—after his death at age 66.

For those who aren’t aware of C.T.E. and this diagnosis, the disease cannot be determined until after a person’s death. Because of the rising number of head injuries and players diagnosed with C.T.E., more and more athletes are vowing to donate their brains to science in an effort to learn more about this degenerative brain disease.

However, the issue itself lays with the constant risk for athletes, specifically football players. Continuous injury to the head can lead to traumatic brain injury.

Early symptoms start mild and may seem unnoticeable to outsiders but the severity can change rapidly.

According to research, the progression of C.T.E. can be categorized into 4 stages:

  1. Headaches, loss of attention, lack of concentration, increased aggressiveness, and for some, short-term memory loss.
  2. Mood swings, increased headache, impulsivity, depression, and short-term memory loss.
  3. Memory loss, cognitive impairment, depression, inability to make decisions, and disorientation.
  4. Severe memory loss and cognitive issues, depression, language difficulties, and in many cases dementia or Parkinson-like physical impairments.

All of these things result from repeated head injuries that could have been prevented.

Serious head injuries do not discriminate—whether you’re male or female, young or old, a long-time athlete or newcomer, anyone can get one. If it happens often enough, you

If we cannot protect our professional athletes and find a way to prevent severe head injuries in sports, how can we protect our young athletes?

The answer is simple: mandate head injury education and make parents, players and coaches aware of the potentially grave outcome these injuries can have.

Head injuries will not stop unless the name of the game has changed, or American football is discontinued. While I can’t see it coming to a stop any time soon, it is possible for a change in how the game is played.

Whether it is flag football, touch football or new tackling systems, change will come for this sport.

If I were the decision-maker for athletics, I would make every single coach, parent, and player participate in a mandatory weeklong course on head injuries. After attending, they can then make the decision of if they still want to play.

As a parent of three beautiful, healthy children and as a personal injury lawyer, I cannot imagine the risk of lifetime injuries would outweigh playing football for a few years.

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.

Car Seat Failure Has Resulted in 100 Fatalities

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Congress is looking for legislative action for an ongoing issue among automobile companies: car seat backs collapsing in motor vehicle accidents.

These malfunctions are not anything new to car companies; in fact, car companies are very much aware of the issue but are simply choosing to not correct the malfunction due to the cost of repairing it.

According to CBS Investigators, the cost amount of fixing malfunctioning car seat backs would cost a little over a dollar. However, looking at the statistics on related deaths show that there have been 100 deaths— mostly children—due to faulty car seats since 1989.

In other words, around $100.00 could have stopped 100 lives from being lost.

Several members of the Senate have been pushing for answers from auto companies and considering legislative action that could enforce stronger seat regulations. Car company leaders will have until June 23, 2016 to prove the safety of their vehicles to senate members.

As a parent and an attorney, it is concerning that our children’s safety may not be as high a priority as we once thought.

Children’s car seats have provided additional safety but unfortunately, it may not protect your child in a situation similar to 16-month old Taylor Warner’s death.

Taylor was in a car seat in her parents’ Odyssey minivan. They were rear ended and, sadly, her father’s car seat back collapsed on top of her. She passed away from the injuries sustained.

There are 100 more stories similar to this, and many of those deaths were children just like Taylor. Automobile companies are being pressed to make changes by senate members, but something as similar as fixing a part could have prevented these deaths!

It is time for a change to be made that will demand stronger, more thorough regulations that will hold automobile companies liable.

If you or a loved one was injured in a car accident, don’t wait and call me immediately. 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.