Ohio’s 3 Foot Law When Passing Bicycles

Share Button

Ohio’s 3 Foot Clearance Law for Bicycles.  

With spring right around the corner, we will soon see an influx of bicyclists on the road.  Cycling is great exercise, and we have gorgeous landscapes to travel via bicycle across Ohio and beyond!  As an avid outdoor enthusiast I can certainly appreciate the love of cycling. However for many cyclists, this is also the most dangerous time of year!  Drivers are not used to looking for, or avoiding bicyclists on the roads.

3 Feet of Clearance Saves Lives

In December 2016, Governor Kasich officially signed a law that requires all motor vehicles to maintain at least 3 feet of clearance from a cyclist on the road.  While passing, vehicles must provide ample room and wait to pass based on traffic patterns.  While many local levels of government have had similar laws in place, the December action makes this mandate the state minimum in Ohio.

Sharing the Roads in Cleveland and Across Ohio

Most cyclists are well versed in the safety protocols that accompany their outdoor pastime.  From using proper equipment to following traffic laws – Operating a bicycle safely is certainly a committed task!

Unfortunately, it is also one of the most dangerous forms of exercise.  From distracted driving threats to fluke accidents, it can be a deadly hobby.  Even if a cyclist does everything correctly and by the law, a dangerous driver can quickly cause irreparable injury or death.

Slow down and pass with care as the temperatures start to rise in Northeast Ohio! A cyclist’s life depends on it.  If you or a loved one was injured in a bicycle related accident,  call my offices immediately.  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 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 877.944.4373.

 

Surviving an Accident: Now and in the Future

Share Button

Catastrophic Injury Will Have a Catastrophic Impact

Surviving the initial emotional and physical trauma of an accident is often only the beginning.  Personal injury and accident claims serve to hold the guilty party accountable, and provide an injured victim the means to live as normal of a life as possible. From financial demands to physical restrictions, the long-term effects of an accident or serious injury can last for years and even indefinitely.

As an experienced personal injury attorney, I have had the pleasure and heartache of meeting some of the most determined, motivated and inspiring people in our great state. These folks have often been blindsided, their ENTIRE life changed in an instant. The intense pressure and stress of recovering from the initial accident itself can be incredibly overwhelming.  This is often the number one reason for delay in consulting with an attorney!  You simply must process things over time, as the pain and sense of unknown can be too much to bare.  Unfortunately, this is precisely why you need a legal expert in your corner as soon as possible!

A Hypothetical Timeline – How the Events Unfold

Immediately following an accident, the foreseeable future is consumed with physical and healthcare unknowns.  From diagnosis to treatment, prevention and medication – The accident has completely changed your immediate future, or the future of your loved one.  It is common to be incapable of making decisions during this taxing time.  Whether you or a family member was injured, the emotional toll is immeasurable.

Looking past the initial physical obstacles and forward to the road of recovery can become an even larger time for concern.  While consumed with the severity of an injury, it is common to focus simply on surviving!

What happens next?  Over the coming days, months and years – Your world as your know it has changed.

In the event of a serious injury, here are some common things to consider –

  • Loss of independence
  • Having to move – Your home cannot accommodate your injuries
  • Drastic and painful changes to your physical appearance
  • Loss of mobility
  • Wound care
  • Physical therapy
  • Continued doctor care and/or surgeries
  • Permanent injuries – Hip , back , etc.
  • Future medication, PT, doctor visits, etc.
  • Change / Loss of job – Cannot perform job functions

Your accident or injury is simply not over, when it is over.

If you or someone you love has suffered a catastrophic injury, call my offices immediately.  As your Ohio 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 877.944.4373.

Heartbreaking Headlines for CTE

Share Button

25 Year Old Football Player Diagnosed with CTE Posthumously

Following his tragic death as a result of an infection and heart attack, a 25 year old former college football star had definitive markers showing Chronic Traumatic Encephalopathy, also known as CTE.  Rewind two decades to where it all began; a six year old boy expressed interest in and began playing football.  As a father myself, it is difficult to imagine telling your son or daughter no to such a simple request! Knowing what I know now, I cannot fathom the regret, pain and destruction this seemingly innocent decision has.

Understanding CTE and What Is Happening

CTE signs and symptoms can be elusive, and mimic symptoms of other illnesses.  CTE is the result when the tau proteins in our brains no longer support their normal cell function.  Tau proteins move nutrients and other essential elements from one area of a cell to another.  After repeated or severe head trauma, tau proteins can begin to change.  Imagine crumpling a piece of paper and flattening it out again – the paper is still there, but it will never look or function the same.  The tau proteins begin to form tangles, impacting their function and also impeding the transport system within a cell itself.

Symptoms of brain injuries will vary depending on where the injury occurs.  When tau protein changes are happening in the brain, it begins in the prefrontal cortex, located in the area we know as our forehead.  This part of the brain governs emotion, behavior and decision making skills.  Because CTE can only be concretely diagnosed after death, the fact that the signs and symptoms are somewhat ambiguous is just fuel on the fire. For this 25 year old victim, his CTE evidence was irrefutable, with over 10 different areas of his brain showing the tau protein malformations.  This was the first time in history where such a profound case of CTE was found in such a young individual.

Symptoms of CTE

There is no treatment or cure for CTE at this time.  The first step is for us as a society to recognize the problem in the medical community and begin to research and study more widespread to identify symptoms and work towards treatment or a cure.

Identifying the potential signs and symptoms of CTE for you or a loved one is critical.

  • Depression
  • Confusion
  • Memory Loss
  • Suicidal thoughts
  • Abusive behavior
  • Aggression
  • Depression
  • Headaches
  • Blurred Vision
  • Insomnia
  • Neck Pain
  • Tinnitus
  • Anxiety
  • Speech problems

If you or a loved one suffered repeated injuries and concussions, call me immediately. As your Ohio 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 877.944.4373.

 

New Study Links Concussions to Increased Risk for Alzheimer’s Disease

Share Button

The term “brain injury” sounds a great deal more severe than the word “concussion.” What many injured victims don’t always understand is that a concussion diagnosis should elicit the same concern, especially when looking at long-term effects.

Closed head injuries can happen in a multitude of scenarios: motor vehicle accidents, sports related injuries, catastrophic injuries, workplace accidents, or even an incident as simple as a slip and fall.

Any and all head injuries should be addressed immediately and followed up with proper medical attention. The reason is simple:

A new study indicates concussions may actually magnify the risk for Alzheimer’s disease.

Suffering one or multiple concussions can increase this risk, but genetic factors play a role as well.

The research study was conducted by Boston University School of Medicine on 160 military veterans.  Their findings identified several factors:

  • A traumatic brain injury associates with the lower cortical thickness
  • The brain region where the lower cortical lays is the first area to be affected in Alzheimer’s disease
  • When a concussion occurs, it is possible that the cortical thickness accelerates
  • Memory decline is also a key factor in relation to the lower cortical and a concussion
  • Many of the study subjects suffered concussions that resulted in unconsciousness
  • Cortical thickness was found in both veterans who suffered multiple concussions as well as one concussion
  • Those with a high-risk genetic history and a concussion were subject to a higher likelihood of less gray matter in the brain

What does this mean for catastrophic injury victims?

When I take on a car accident, catastrophic injury or workplace accident claim that results in a serious traumatic brain injury, I understand the potential long-term effects for my client.

If you have suffered anything from a mild concussion to serious head injury, I urge you to seek medical attention so that you receive the proper treatment and diagnosis. Delaying your treatment can be life threatening or seriously affect your long-term health!

Before you agree to a settlement on your claim, contact an experienced attorney to make sure you receive the compensation necessary to address any possible future health issues. 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.

5 Injuries That Make Thanksgiving Day the Most Dangerous Holiday

Share Button

Thanksgiving is a day dedicated to our family, friends, and thankfulness for the lives we live. While it is meant to show our appreciation for our loved ones and health, it is also considered one of the most dangerous holidays in the United States.

Thanksgiving Eve is notoriously known for its high number of drunk drivers on the road due to amount of college students home for the first full holiday vacation. Additionally, there overall number of drivers on the road rises greatly as a result of holiday travel.

However, Thanksgiving Eve accidents do not even account for the statistics of Thanksgiving Day accidents and injuries.

Thanksgiving Day was declared by Forbes as the most dangerous holiday in the U.S.

Although the statistics from Forbes’ article was from 2009, recent studies and interviews with emergency room directors show that Thanksgiving Day is typically an ER’s busiest day of the year.

Many only think of motor vehicle accidents as the top suspect for these dangerous injuries, but there are many other culprits playing a part in the holiday’s notoriety.

The National Safety Council, the CDC, and several emergency doctors attribute the following injuries to Thanksgiving activities:

  • Motor vehicle accidents: Increased number of travelers as well as impaired drivers lead to a higher risk of vehicle injury/fatality.
  • Kitchen fires: From 2011 to 2013 there were approximately 2,100 residential kitchen fires on Thanksgiving Day in the U.S. Whether it is due to turkey deep fryer grease, commotion in the kitchen, or distraction from kitchen equipment, kitchen fires can be deadly.
  • Food poisoning: The CDC estimates 1 in 6 Americans suffer from food borne illnesses in a year. Experts suggest storing leftovers immediately and properly, thawing the turkey on the counter should be avoided and using gloves while preparing food.
  • Overeating: We don’t hear often that overeating is dangerous, but on holidays with large meals and high in sodium, it can be especially dangerous for people with diabetes, heart conditions, or high blood pressure. Be smart about portions and don’t overdo it.
  • Preparation injuries: These injuries are common in ER’s on Thanksgiving. They can include severe lacerations from using knives, deep fryer burns to the body, and slip and falls.

Whether you are traveling to a loved one’s home or hosting the holiday dinner in your own home, be safe on this day of thanks! If you or a loved one was injured due to another’s negligence, call me immediately.

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.

The NCAA’s First Head Injury Settlement Marks a Turn in Concussion Awareness

Share Button

We often hear a lot of news and chatter revolving around the National Football League and its athletes suffering from serious head injuries. However, the news of a young athlete’s death caused by a head injury is shocking and appalling.

In 2011, Frostburg State University senior football player Derek Sheely suffered a concussion during a pre-season practice. A few days later after complaining of a headache, one of the coaches told the player to “get back out there”.

The 22 year old died that day from what they believe to be second-impact syndrome.

Second-impact syndrome can have fatal effects. When this occurs, the brain swells rapidly due to a previous concussion that has not had time to fully heal.

In Sheely’s case, his first concussion was not treated properly, and the coaching staff’s negligence led to this young man’s death.

For the first time in NCAA history the association has settled on a $1.2 million wrongful death suit for the player last week.

Although the NCAA and the athletic staff defendants did not admit liability on Sheely’s death, the state of Maryland awarded the family $50,000 on behalf of those school staff members.

In addition, the NCAA proposed it will pay $70 million toward concussion testing/diagnosis for both current former collegiate athletes in order to settle several other class action suits relating to concussions.

This case is a major change in the way schools, athletic staff members, and players conduct concussion protocol for sports-related head injuries.

Not only did the family win this case for the death of their son, but in his tragic death the awarded money will go toward the Derek Sheely Foundation.

This foundation will provide research funding for student-athlete head injury risks, scholarships in Derek’s name, and pushing institution policies that will reduce severe head injuries in sports. The NCAA agreed to create a head injury video to push education for this topic.

Strides for sports-related concussions over the years have been small, but the more injuries that occur shed more light on the overall severity of this problem. Being a father and a personal injury attorney, is my duty to educate others on the severe consequences of traumatic brain injuries.

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.

Ohio’s ‘Move Over’ Law Taken Seriously After State Trooper is Injured

Share Button

In the state of Ohio it is a law for drivers to move a lane over when passing a roadside vehicle or a safety vehicle. This includes service trucks, broke down vehicles, construction vehicles, and emergency vehicles like ambulance or police cruisers.

This law has been in effect since 2004 and expanded in 2013. It is meant to provide safety for roadside vehicles and pedestrians and limit the number of roadside car accidents.

On July 29, 2016 a Chardon Post sergeant in Geauga County was doing a traffic stop when he was struck by an oncoming vehicle.

As the sergeant approached the pulled over vehicle, an oncoming driver struck his body causing him to flip over the front hood.

It is danger incidents such as this that call for a serious assessment on how to enforce laws like the Move Over Law.

If you’ve seen the chilling video of the trooper being struck by the oncoming vehicle, you know how important it is for our drivers to start paying attention and obeying these laws!

The Ohio State Highway Patrol released a statement on this incident and ORC 4511.213—approaching safety vehicles displaying emergency light.

Cars must move into the next lane if possible and proceed with caution when approaching safety vehicles displaying their emergency lights. When drivers ignore this law, do not move over, and do not slow down, serious accidents can happen and potentially result in death!

According to the National Law Enforcement Officers Memorial Fund, officer fatalities in the state of Ohio are currently at 3 deaths for 2016 due to traffic-related incidents.

There have been 24 traffic-related deaths nationwide in the past 6 months.

As a personal injury lawyer and a seasoned driver, I urge drivers to follow this law so we can keep our safety workers and roadside pedestrians safe. If you or a family member has been injured due to a roadside accident, call me immediately.

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.

How Talking About Sports Related Head Injuries Can Enact Change

Share Button

The catalysts for change in our society is information and open dialog.

When we become informed of the facts and the issue becomes prominent in our media coverage, we as a society then and only then contemplate and enact real change.

Concussions and closed head injuries as a result of contact sports was something that was swept under the rug. The occasional mention by a sportscaster that an athlete “had his bell rung” was the end-all in the discussion. In the last five years medical studies and news stories on these issues has been gaining momentum.

The two lead stories in today’s New York Times Sports section deal exclusively with sports-related head trauma. The lead story exposes the “hidden world” of concussions among synchronized swimming.

According to U.S. Olympic Committee managing director for sports medicine, Bill Moreau, approximately 50% of swimmers he has supervised have suffered concussions— this is a conservative estimate.

The recent choice of closer swimming formation is yielding a higher number of injuries than in the past, but recognizing concussions in the sport is not easy. Concussion symptoms include dizziness, nausea, and sensitivity to light. All of these symptoms are similar to the outcome of swimming upside down and holding your breath underwater.

Today’s second lead story is a two-fold issue: the long-term effects of a closed head injury can be horrific for the injured and their families, and the issue of how insurance companies treat people should not go unnoticed, as in the lawsuit of former NFL player Haruki Nakamura vs. insurer Lloyd’s of London.

Retired NFL athlete Nakamura suffered a severe head injury in a preseason game 3 years ago that has permanently affected his physical and mental abilities.

Nakamura’s severe head injury resulted in the end of his professional football career; his disability insurance company says otherwise.

Lloyd’s of London disability insurance is denying Nakamura’s one million dollar policy unless he can prove the seriousness of his brain injuries. He had suffered serious side effects months after the concussion, and in 2015 the NFL’s Player Retirement Plan determined he suffered from chronic post-concussion syndrome.

Although he was eligible for this retirement plan, his disability insurer was not convinced. It is this very example that I cannot stress enough; insurance companies cannot be trusted to do the right thing!

As this lawsuit unfolds the question of whether or not insurance companies will include concussions to be covered by their policies remains.

The essence is that if your child is contemplating participating in contact sports, your family simply needs to be informed of the long-term consequences of closed head injuries.

Long-term damages may include:

  • Severe headaches
  • Confusion
  • Blurred vision
  • Mood swings
  • Depression
  • Memory loss
  • Incompetent decision-making

I have developed a specialty over 34 years representing families who have suffered head injuries as a result of work related injuries, car accidents or slip and falls.

If you or a loved one has suffered a severe head injury due to another’s negligence, you need to call me immediately. I will stand by you and fight for the justice and compensation you and your loved ones deserve.

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.

6 Brain Functions Most Affected By Severe Head Injuries

Share Button

Traumatic brain injuries can happen to any person, anywhere, any time. No matter if it is a car accident, a sports-related injury, a military injury, or a slip and fall in your own home; a traumatic brain injury can leave a person severely injured for the rest of his or her life.

Head injuries are serious injuries that may cause temporary or permanent damage, but what do some of these damages?

The National Institute of Health recently noted 6 serious brain functions affected by head injuries.

  1. Nerve Damage: A TBI can mildly to severely damage cranial nerves and have corresponding side effects to some significant abilities. Some reported complications include vision loss, facial muscle paralysis, difficulty swallowing, and loss in sense of smell.
  2. Intellectual Damage: There are potential risks for cognitive functions from head trauma. A person may experience memory loss, inability to use proper judgment, difficultly learning or processing things mentally, lack of attention and concentration, and failure to reason with others.
  3. Behavior: This falls in line very closely with intellectual damage, but causes more difficultly with an injured person’s ability to react socially with others. The victim may experience physical or verbal outbursts, self-esteem problems and lack of self-control.
  4. Communication Difficulty: Head injuries affect an individual’s cognitive functioning and, unfortunately, have a negative impact on one’s communication skills. This may include a difficulty in writing, speaking, understanding the two, and suffering from jumbled thoughts.
  5. Emotional Suffering: We have seen in many NFL and college football players who have suffered from closed head injuries and oftentimes, the effects can be deadly. Emotions can be completely altered depending on the severity of the injury and can lead to anxiety, mood swings, irritability, sleep issues, anger, and depression. In some instances, it has resulted in suicide.
  6. Sensory Effects: The final and most physically problematic brain functions affected by a TBI are a person’s senses. Complications may include double vision, tingling or pain of the skin, dizziness, ringing in ears, and difficulty with hand-eye coordination.

If you or a family member recently suffered a head injury and experienced any of these symptoms, it is imperative that you seek medical attention!

The longer you put off medical treatment, the more severe your symptoms may become.

If you have suffered a severe head injury due to a motor vehicle accident, you need to call me immediately. Having an experienced personal injury attorney will not only take the stress from you, but can make the process of a car accident claim smoother and quicker.

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.

Young Football Star Gives Up Game Due to the Effects of Concussions

Share Button

I was both saddened and encouraged after reading the story in today’s Cleveland Plain Dealer Sports page about former Mentor High School football star Conner Krizancic’s decision to give up playing college ball due to the effects of concussions.

I am sad, of course, to learn of a brilliant, young athlete having his promising career cut short. However, I am very encouraged to see that athletes, their families, and athletic staffs are taking their collective heads out of the sand, so to speak.

For years, I have been championing the awareness campaign for football-related concussions.

At that time I said we are only aware of the tip of the iceberg. Since that time a plethora of information has emerged. It is my considered estimate that only 15-20% of the iceberg is evident.

It took intelligence, courage on the part of Conner to see the big picture and forego the glamour and status of a premier collegiate quarterback. I hope that others can be influenced by his sterling example of self-reflection to come to grips with the daunting reality of the debilitating, permanent consequence of the blood sport of football.

Earlier this week I posted and blogged about Ohio State football player Kosta Karageorge whose life was tragically cut short when, after an estimated 15 concussions, he committed suicide.

We have seen all-pro NFL players in the middle of a lucrative long-term contract walk away from the game due to concussion concerns. We have seen college gridiron greats either commit suicide or turn their backs on the sport because of the nightmare effects closed head injuries have.

I predict that we will see high school and peewee footballers hang their laces up when they “get their bell rung”.

Over the last three decades I have represented children who were victims of accidents. And, as you know, when a youngster is under 18 years of age, I must get probate court approval.

Having appeared in countless hearings before probate judges and magistrates to have the settlement approved, one thing is abundantly clear, the court only cares about the best interest of the child.

The same philosophy should carry over in a ply to any young man under the age of 18 who is contemplating playing contact football.

As many probate judges have said over the years to me:

We have to protect the young man against himself”.

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.