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The Law Offices of Tim Misny

800.556.4769

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tmisny@misnylaw.com

Damages in Accident Lawsuits

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Damages in Accident Lawsuits

Nobody expects to get hurt in an accident, but when an accident happens, it is extremely important to make sure you get a claim filed so that you can be eligible to receive damages. There are different types of damages that can be awarded in accident lawsuits. As an experienced accident lawyer in Cleveland, I want to tell you more about the different types of damages that may be available in your case under Ohio law.

Compensatory Damages in Ohio

Compensatory damages are available in nearly all types of accident cases. An injured plaintiff will need to seek compensatory damages in order to get them, but most plaintiffs will seek this type of damages award.

Like the name indicates, compensatory damages are aimed at compensating a person for losses. Compensatory damages can compensate you for both economic and non-economic losses. What do these terms mean? Economic losses are direct, objective, monetary losses.

For example, hospital bills and lost wages are examples of economic damages. Non-economic damages compensate for subjective losses like pain and suffering, which are not so easy to put a dollar figure on. Instead, non-economic damages can vary widely depending upon the specific plaintiff’s circumstances.

 Punitive or Exemplary Damages in Certain Cases

 Ohio law sometimes allows an accident victim to seek punitive damages. This kind of damages award is not aimed at providing an accident victim with compensation. Instead, punitive or exemplary damages are aimed at punishing the at-fault party for especially reckless or egregious behavior.

According to Ohio law, if the defendant is an individual or a small business, punitive damages are capped at “the lesser of two times the amount of the compensatory damages awarded to the plaintiff from the defendant or 10% of the employer’s or individual’s net worth when the [accident] was committed.”

 Reduced Damages Due to Contributory Fault

Ohio’s contributory fault law says that a plaintiff can still receive damages even if she or he is at fault, but that fault cannot be 51% or more. Once a plaintiff is 51% at fault or more, that plaintiff is barred from obtaining damages. As long as the plaintiff is less than 50% at fault, she can receive damages, but the award will be reduced by her percentage of the fault.

 Contact Me for Assistance with Your Accident Claim

I know how important it is to be able to seek damages after a serious accident that has left you with medical bills and the inability to work. I will do everything I can to help ensure that you receive compensation for the full amount of your losses.

Depending upon the specific facts of your case, you may be eligible to seek punitive damages for particularly reckless conduct. Accident lawsuits can vary widely in terms of the underlying source of injury, but plaintiffs typically can be eligible to seek the kinds of compensatory damages I explained above in most personal injury cases.

As an experienced Ohio accident lawyer, I know what it takes to win a settlement and a jury verdict. Do not hesitate to get in touch with me to learn more about how I can help you get the compensation you need. I’ll Make Them Pay!® Call my office at 877.944.4373 for assistance.

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The Law Offices of Tim Misny
The Law Offices of Tim Misny
4.3
Based on 86 reviews
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PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.read more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.read more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.read more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.read more
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NO COST TO YOU!

The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Phone: 1-877-483-2298
Toll Free: 1-877-483-2298
Fax: 440-256-1614
Email: tmisny@misnylaw.com
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094
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Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.