Cedar Point Tragic Accident: Is There More to the story?

Even as an experienced attorney, I too can get caught up in the headlines from time to time! News outlets do a great job of communicating to the masses with just enough detail to peak our interest, but rarely enough detail to accurately assess the story.

Take for instance the recent Cedar Point tragedy that cost a 31-year-old Northeast Ohio native his life.  Based on the media accounts it wasn’t difficult to conclude that this individual clearly lacked common sense – but was that really the case?

 Clear and Present Danger

Initially, there was speculation that the rider lost his cell phone and wallet while on the roller coaster and subsequently went to retrieve them from an area beneath the coaster.  There the man was struck and killed by a passing coaster. In today’s day and age our lives are entwined with our smart phones so this man’s actions do not seem irrational or unreasonable!

Reportedly, signs around the area beneath the coaster simply stated ‘Keep Out’ or ‘Authorized Personnel Only’.   One west coast accident expert shared that this is actually a frequent occurrence because people do not understand that just because the track is above the head does it mean you are safe from harm.   The nature of an inverted roller coaster has the actual passenger cars hanging 6-10 feet below the track, which is how a standing individual can be struck while the ride is in progress.

The question is – Should the signs have stated the area posed a danger? If you saw a sign that said keep out, would you think that you could quickly retrieve your belongings, even if it meant breaking the rules? If the warning signs didn’t say ‘Danger of death or injury’ or ‘Coaster clearance 2 feet’ would the expectation of reasonable safety exist?

The Importance of Experts

The accident expert shed some light onto the events that lead up to the tragedy.  It seems that this type of accident is not a one-time occurrence, and that park owners were aware of simple fixes that could prevent these tragedies once and for all.

This calls out the importance of expert insights in any case, which is part of why I have been able to successfully represent clients for over 30 years. Knowing who to consult with can be the difference in a winning case, but also in preventing tragedies from ever occurring again.

What the Future Holds

While I too am deriving details from the media, as a legal professional I predict this incident will change the safety procedures at Cedar Point and other parks across the US. Clear, explicit signage and other preventative measures can go a long way in keeping patrons safe.

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.

How to Select the Best Attorney for your Case

In the state of Ohio, there are 61,439 licensed lawyers!

This number is almost equivalent to the populations of Brookpark and Cleveland Heights combined. How in the world are you supposed to choose the one attorney for your unique case!?

I am going to share with you some unique insight that I have in how to choose the right attorney for a specific case. This criteria will help you select the right representation in any scenario, whether you have been hurt in an accident, won the lottery or are filing for divorce!

Here are the 4 criteria you should focus on before selecting an attorney in Ohio

1. Specialization

The attorney you choose must practice exclusively in legal area of your specific claim! You don’t want a divorce attorney to file your accident case. When my clients come to me, they know that I am highly experienced in catastrophic injury, accidents, birth injury, wrongful death and medical malpractice.

This is important for a variety of reasons, but as you can imagine the top reason is having the experience and winning record for claims of that type.

2. Big Money

Big cases cost big money! In addition to the time it takes for your legal team to prepare for your case – there are exorbitant fees for expert witnesses, accident reconstruction, deposition fees and more – And let me tell you, no one is going to outspend me!

The attorney you choose should have a record of selecting the best experts, and going above and beyond preparation for each and every case. My clients know that when I am in their corner, there will be no expense spared!

3. Success rate in settlement amounts

Look for results! The attorney you choose must prove they have a winning record for claims of your type.

In over 30 years of practicing law in Cleveland, I have seen some of the best and brightest in their specialties simply not make the cut – If all of the pieces of the pie aren’t present, you simply won’t have the winning combination.

Cases that go after big entities, like insurance companies, healthcare power houses and more – should have an attorney that has a winning record. You want me on your side when it comes time to take the big players down, and I’ll Make Them Pay!

 4. Speaks to you often and direct

Your attorney should communicate with you frequently, honestly, and professionally. My clients have come to expect my regular communication with them or their family, and appreciate the directness and thoroughness of our conversations.

Even with over 20 offices in Ohio – Every single one of my clients gets my cell phone number. My wife Stephanie may not like it all of the time, but she understands how vital my help is to the success of your case!

Following these guidelines will allow you to select an attorney with confidence, regardless if you are pursuing a large injury claim or filing a tax status revision.

I clearly satisfy all 4 criteria and I am proud to say that my clients almost always share with me that they know I was the right attorney for their case.  

View my recent Make Them Pay Moment on this exact topic here! https://www.youtube.com/watch?v=TTeG79wZbeM

Call Tim Now – 877.944.4373

Ohio Social Security Disability Rights

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

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

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

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

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

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

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?

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.