Entries by Tim Misny

What’s the difference between a birth injury and a birth defect? (Getting Legal #144)

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As a Cleveland attorney for 33 years, I have taken many cases that involve birth injury, medical malpractice, and catastrophic injury. Oftentimes, I am asked about the difference between a birth injury and a birth defect. A birth injury is an injury caused to the child as a result of a medical professional’s negligence. A […]

$50 Million Class Action Settlement

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A class action was successfully pursued against a pharmaceutical company for its failure to properly label its medication with a warning indicating an increased chance of developing cancer.

The importance of one on one meetings (Getting Legal #143)

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I experienced a cultural shock at a recent family gathering. Five of my nephews were seated at a table and they were all texting on their cell phones. In fact, two of them texted each other! It seems that with rapidly evolving technology such as texting, Facebook, and Twitter we, as a society are becoming […]

Medical Malpractice: What is it?

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Most of the time, we receive wonderful health care. But occasionally, the medical professional breaches the duty of care ode to their patient, and that breach causes a tragedy. This is commonly referred to as medical malpractice. For 33 years, I have represented victims and families of medical malpractice. Medical malpractice has two components. First […]

What to say to an insurance claims agent after an accident? (Getting Legal #142)

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If, God forbid, you are involved in a car accident, you will, in a matter of hours, receive a phone call from an insurance claims agent. The most asked question is, “what should I say to this insurance representative?” The answer is simple and direct–less than nothing. Please understand that the adjuster is not your […]

What are the financial obstacles in a catastrophic injury case? (Getting Legal #141)

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When someone is involved in a bad accident, their whole world is turned upside down and everything good is shaken out. Because of severe and permanent physical injuries, many of my clients are unable to work, and thus starts the financial domino effect. Due to the fact that my client is unable to work , […]

Can I Afford a Lawyer? (Getting Legal #140)

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As a working class citizen, one might presume that they cannot afford the expenses that follow filing a lawsuit for an accident. As a personal injury lawyer for 33 years, I work for the injured victim on a contingency basis, where I only get paid if I get my client a recovery. The first order […]

Remembering Dr. Martin Luther King Jr.

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The late, great Reverend Dr. Martin Luther King Jr. inspired, motivated, and affected countless people’s lives, both when he was on this Earth and now through his writings. The connection that Dr. King has and will have with people is unique for each individual. Dr. King’s quote, “Life’s most persistent and urgent question is ‘what […]

How to find additional forms of insurance in an accident (Getting Legal #139)

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It is bad enough to have been involved in a bad accident, but it becomes a real nightmare when you learn that the person who caused the accident either has no insurance or has minimum coverage. If you have been a victim of a bad car accident and the wrong doer has no insurance or […]

What to expect in a slip and fall case (Getting Legal #138)

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Have you ever been seriously injured due to ice or hazardous winter weather? In this episode, I explain the basics of what one should do in the case of a slip and fall accident. In my 33 years of working as a personal injury lawyer in Cleveland, the slip and fall cases are the worst […]