Uber Accidents Claims

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A New Type Of Accident Claim in an Uber World

Ride sharing is on the rise, and unfortunately so are related accidents.  While Uber, Lyft and other ride sharing, taxi or carpool services fill a need in today’s society – we also need to ensure our laws change to keep up with the times!

There are several ways individuals can be involved in Uber accidents;

  1. You were in an Uber or car from a ride share app, and an accident occurred
  2. You were in another vehicle, and you were hit by an Uber driver
  3. You were a pedestrian struck by an Uber driver

In the case of Uber and other similar ride apps, we have unlimited options at our fingertips.  Unfortunately, for drivers and passengers, this can be a dangerous game.  Drivers are actually independent contractors who use their personal vehicles for financial gain.. This can be contrary to their insurance policies in many cases.  Further, whether or not an active Uber ride is occurring can also impact the situation.

To combat this, Uber has a $1 million dollar umbrella-type liability policy, that extends beyond the drivers’ coverage. There is also coverage in place for when the driver is not actively transporting a passenger, as a result of tragic cases in California and New York.

Now your accident and injury has become increasingly more complicated.  What do you do next?

If you were involved in an Uber accident, start with these 4 steps.

  1. Get immediate medical attention
  2. Document everything as best as possible, or ask a loved one for help
  3. Call a lawyer. If you were injured in the accident in any way, it is best to consult a lawyer immediately
  4. Do not accept any offers or make any declarations.  Follow the user recommended instructions as provided by Uber.

“Who’s Driving You” a self proclaimed public awareness campaign, highlights the dangers and extreme incidents that have resulted from Uber and Lyft drivers around the globe. Although not much different than the individual we trusted to drive our limos, buses and taxi cabs – The Uber world certainly brings another element to the table.

Uber and similar ride sharing apps have absolutely changed the landscape.  It is not often that technology of this magnitude is released and scales so quickly!  This can further complicate the situation.  Uber has no claim or report number and doesn’t even call themselves a taxi or transportation service.

If you or someone you love was involved in an Uber car accident, call my offices immediately.  As your Ohio car 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.

 

 

Multiple Births and Birth Injuries

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Birth Injuries and Multiple Gestational Pregnancy

Multiples, or more than one baby,  most commonly refers to twins or triplets. Multiple births can absolutely lead to risks for mom and babies.

Your medical team must be 100% experienced and skilled in handling multiples before, during and immediately following the birthing process. Careful planning and preparation goes into every pregnancy, but with any high risk case the experience of your medical team is critical.

Pregnancies with multiples occurs frequently thanks to science and medical advancement in, in-vitro fertilization. Twins occur in 1 in every 80 pregnancies, while triplets occur in 1 in every 7,000 pregnancies.  With this comes a classification of a high risk pregnancy, and an increased risk of a variety of known complications.

Common Multiple Gestational Risks

  • Pre term labor – Anywhere from 4-6 weeks early delivery is considered normal … About 90% of triplets are preterm births, and about 60% of twins.
  • Placental complications – Most commonly placenta abruption
  • Umbilical prolapse – Compression of the umbilical cord before or during delivery
  • Hemorrhage – The possibility of prolonged and increased bleeding during and after childbirth
  • Growth Restrictions – Your babies growth is restricted because your placenta simply cannot accommodate
  • Gestational Diabetes – A potentially dangerous diagnosis for mom during the pregnancy
  • Preeclampsia – High blood pressure and toxemia in pregnancies
  • TTTS – Twin to Twin Transfusion, a medical condition whereby which multiples may share blood
  • Cerebral Palsy – Severe, lasting mental and physical limitations
  • Low birth weight – Babies born less than 5 pounds, 8 oz.

Planning for a health pregnancy and delivery

A birth injury or trauma following delivery is one of the most tragic experiences any family can go through.  Unfortunately, failing to properly plan for a healthy pregnancy and safe delivery is commonly a factor.  In multiple births, delivery can be even more complicated.  The position, order of the babies and other critical factors are used to determine a birthing and delivery plan.  While twins may be able to be safely delivered via natural child birth, triplets and beyond are typically delivered via C-section.

All of these and other potential scenarios are very dangerous, for both mom and babies. If you or a loved one experienced injury, loss or issues with a multiple gestation pregnancy, you must call my offices today.

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 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.

Hurt at Work – Now What? Top 3 Workers’ Comp Questions

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Navigating through a Workers’ Comp claim can be incredibly grueling.  I recommend contacting our offices to begin the claims process correctly from the start.

Here are the Top 3 Questions our Clients ask Regarding a Workers’ Comp Injury Claim.

1. What are the Statutes of Limitations for a Workers’ Comp Claim?

The date a work injury, work related illness or death occurred is incredibly important. This date is used to determine the statute of limitations for your case.  Properly documenting your case is critical to a successful Workers’ Comp claim.

Based on the date of occurrence, the statute of limitations for an injury claim or for occupational related disease/illness is as follows;

  • Two years after the date of disability (When you first became aware of, and/or treated for and/or quit work due to the illness)
  • Six months from a physician’s diagnosis
  • Two years after a death

2. What Constitutes a Claim of Workers’ Comp?

Top insurance reports indicate that the 5 most common types of work related injuries comprise over 70% of worker’s comp claims.

  1. Material handling
  2. Slips, trips and falls
  3. Object contact
  4. Tool accidents
  5. Overexertion / long term traumas from repeated use

Common worker’s compensation related injuries:

  • Strains and sprains
  • Cuts or wounds
  • Contusions
  • Inflammation
  • Breaks 

Unfortunately, this list is largely void of some of the more serious injuries – Although may be less common, the impact can be arguably more severe.

  • Amputations
  • Brain injuries
  • Eye or hearing
  • Shocks and electrocution
  • Crush injuries
  • Multilevel or high level falls

3. Payment Eligibility?

Once your claim has been approved or allowed by the Ohio Bureau of Workers’ Compensation, there are 5 common payment eligibility terms you may qualify for.

  1. Temporary injury compensation for time missed if you were completely unable to work for a certain amount of time.
  2. Payment to compensate for a reduced income if you are now restricted due to an injury.
  3. Percentage of partial disability payment (PPD) which is for long term impairment that was caused by an injury or work related illness.
  4. Permanent total disability (PTD) payment if you have been declared permanently and completely disabled.
  5. Lump sum settlements that are awarded as a settlement to a worker’s injury claim.

Determining where you fall in the payment eligibility pools and ensuring you have followed all proper protocol, is essential to any successful Workers’ Comp claim and subsequent award.

View more common questions at the Ohio BWC site, and call our offices today.

If you or a loved one has suffered an injury at work, or suffers from a work related illness, you must call my office now. The Ohio BWC can be very complicated and confusing. As your Ohio workers’ comp 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.

The Risk of Birth Injuries with Midwives

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Home Births and the Risk of Birth Injury

Home births are often the center of heated debates with advocates citing a long list of benefits, while adversaries use common statistics to support the argument against.  In general, home births are largely associated with a higher risk of deaths, both perinatal and neonatal.

According to the American College of Obstetricians and Gynecologists, it is estimated that about .9% of births occur at home annually, a total of about 35,000. That is less than 1% of all births across the country!

It is further estimated that 25% of these are unplanned or emergency home births, which is also at the core of the debate, as they may skew the results.  Not planning for a home birth can ultimately equate to higher risks, complications and fetal mortality.

While we know there is no guarantee, even in a hospital setting – it is hard to deny the inherent risk associated with a home birth.  Things can go tragically wrong, even in a hospital setting with your OB-GYN at the helm.  Unfortunately however, the likelihood and ease of emergency response is simplified when already in the hospital environment.

Home Births 101

Choosing a midwife and/or a doula to help with your birth plan can be a complicated process.  The laws vary, and the International Confederation of Midwives’ Global Standards for Midwifery Education is a great resource.  From educational information to standards for certification, the ICM is a good baseline for a starting point of reference.

Midwives may also vary in their thought processes and practices, so it may be important to consult several before making a decision! You will also likely still want the involvement of an OB-GYN and pediatrician as well.

Commonly Cited Benefits of Home Birth:

  • Historical relevance
  • Less stress
  • Comfortable environment
  • Family / friends
  • Cited lower risk of infection
  • Avoiding epidural, etc.
  • Costs

Home Birth Criteria;

  • Healthy, low risk pregnancies
  • No known medical complications
  • No preterm labor
  • No history of birth complications

Home births are NEVER recommended for

  • Fetal malpresentation
  • Multiple gestation
  • Prior cesarean

Unfortunately, in my career I have often seen the lack of predictability during the birthing process, and the results can be devastating.

The risks and tragic outcomes are very real;

  • Stillbirth or death – Increased risk for mother and baby
  • Hemorrhaging risk
  • Brain injuries
  • Cerebral Palsy
  • Anoxic or Hypoxic Injuries
  • Erb’s Palsy
  • Developmental and learning impediments

Pursuing a Medical Malpractice or Birth Injury Claim

Filing a claim against a midwife is complicated. In addition, midwives may or may not be required to carry malpractice insurance which can further complicate the case. These are the three most common grounds for filing;

  • False credentials / misrepresentation
  • Financial motivation or negligence to ignore complications, warning signs or issues..
  • Failure to have an emergency plan.

If your child has suffered a birth injury, call my offices immediately.  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 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.

 

 

 

 

Alcohol Fueled Accidents in Ohio

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A Look into Ohio Alcohol-Related Car Accidents

Alcohol consumption is widely accepted in a variety of social and professional settings. We have everything from restaurants to sporting events, networking soirees and parties serving cocktails morning, noon and night. Many argue that buzzed driving is drunk driving and champion other anti-alcohol campaigns.  Large highway billboards are purchased to warn us of the potential of devastating consequences, yet we continue to have higher rates of alcohol related accidents in Ohio when compared to the national average.

Have we finally reached the point that 0.00 is the necessary legal limit?

Even with the prolific growth of ride sharing like Uber and Lyft, we still have an epidemic of deadly alcohol related driving in Ohio and across the US.

  • 12,072 alcohol-related traffic accidents in 2016
  • 12,526 alcohol-related traffic accidents in 2015

A 4% decline from 2015 to 2016 is promising, but we have far to go and more than 1,000 accidents a month to prevent.

Alcohol on our Roadways

Driving down the highway in the wee hours of the morning, we may be more alert and even anticipate encountering an impaired driver.  What happens when you are driving on a Tuesday at lunchtime, and get slammed by a drunk or buzzed driver?   Alcohol related car accidents aren’t on a time clock – and your safety is always at risk.

Even when we do encounter a driver that we deem to be an immediate danger – Try calling 1800-grab-DUI and see how easy it is to report an impaired driver!  After jumping through the proverbial hoops and reaching the correct city, properly and safely providing direction is nearly impossible.

Safety in Numbers

It all comes down to accountability for ourselves, for those we love, for the establishments we frequent, and for safety responders and our laws.

In addition to holding those accountable with higher standards and harsher punishments, truly gaining justice for the victims of alcohol related accidents and changing society as a whole, may be the ONLY way to change the pattern.

If you suspect someone is impaired and behind the wheel,

  • Safely call 911 or 1800-Grab-DUI
  • Stay a safe distance behind the driver
  • In the event of an incident or accident, remain calm and stay near for emergency responders and police, your statement could be the difference in justice being served

If you or someone you love was involved in an alcohol related accident, call my offices immediately.  As your Ohio car 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.

Driving Safety for our Teenage Children

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Keeping Our Kids Safe Behind the Wheel

It is highly unlikely any of us had a true grasp on the responsibility bestowed upon us when getting behind the wheel at the ripe age of 16.  With Max, Ruby and Gus just a blink away from the drivers seat, I find myself frequently thinking of ways to keep my children safe on the roads, and to teach them the importance of keeping others safe as well. Although many parents strive to create good citizens, many do not adequately prepare their kids for the road.  I unfortunately have to see the devastating impact all too often.

One second, one accident, one mistake can be the difference of life of serious injury or death. For you or a stranger on the road, our responsibility to be safe and operate a vehicle properly is of the utmost importance.

The CDC reports that teen drivers are THREE TIMES more likely to be in a crash than drivers 20 years of age or older.  It’s a simple testament to the times, and unfortunately to all of the distractions we have at our fingertips.

Putting Technology to Work 

A teen child’s worst nightmare is a parent’s biggest weapon in today’s day and age.  The technology available to us may border on privacy invasion and obsession, but if it keeps our kids and others safe on the roads, then it is doing the trick!

Apps and Technology for Monitoring the Drivers’ Seat

  • Technology for speed notifications
  • Technology for location and geo tracking
  • Ability to set boundaries and parameters on distance
  • Near collision alerts
  • Harsh driving alerts
  • Radio mute and volume control
  • Cell phone blocks

From new cars loaded with incredible safety features, to aftermarket solutions, there are safety tools for every budget and every teen driver!

Safety and driving laws – Take the driving course together, and practice what you preach!

Only 55% of teen of drivers are wearing seat belts when other teen passengers are in the car. Many drivers on the road are unaware of commands, cyclist laws and more. Discuss this with your children, and learn together.  Explain the seriousness and finality of an accident and that they are not bullet proof or immune.

We are all guilty of a near-miss and that ‘eye opening’ moment, realizing that the outcome could have been incredibly different.  Trust me when I tell you, I have seen lives changed in an instant.  Take the time and ensure your child and other drivers on the roadways are safe!

If you or a loved one has been injured in an accident, call my offices immediately.  As your Ohio car 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.

Fatigue and Negligence in Medical Transport

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Is Medical Transport Creating More Risk Than Benefit?

In the medical profession, the topic of fatigue is not a new one…   From seemingly impossible physician shifts to emergency response and everything in between.  Our brave medical professionals are often dealt difficult hands.  It is up to the healthcare facility, medical organization or company to provide ample staffing and sufficient time between shifts.  Regulating and limiting the amount of hours that can be worked is essential, especially in health care for emergency responders, physicians, nurses, transport and more.

Take just a moment to remember the last time you were completely and utterly exhausted.  The feeling of exhaustion is unlike any other.  We don’t think clearly, our coordination is poor and above all else – fighting sleep can be nearly impossible.

Ambulance Driver Fatigue

In recent Ohio news,  some of our most established third party ambulance services have been called into the headlines, and for all of the wrong reasons.

Private ambulance services can be used for a variety of reasons.  They are available for hire by the public, contract with hospitals, nursing facilities and more – We entrust our care, or our loved ones care to them to transport us safely.

Recent stories have surfaced claiming lengthy work shifts of 50+ hour “days” resulting in deadly consequences. Getting behind the wheel of an ambulance after days without sleep seems to be nonsensical, but for many ambulance drivers, they claim their employers demand it.

The Deadly Consequences of Driving While Drowsy

In the last 4 years, 8 people have died in ambulance accidents across Ohio. One such case was a Cleveland resident and paraplegic, Mr. Michael Wills.  Mr. Wills was in transport to a Columbus hospital, a routine outing after spending over 30 years in his wheelchair.  The ambulance he was riding in crashed as a result of the driver being distracted, killing Mr. Wills on scene.

While many companies mandate schedules and have proper measures in place on paper, the consensus is that profits reign supreme and the demands are still dangerous. Some private ambulance services have demanding schedules,  young, inexperienced drivers on staff, or simply lack safety training and reinforcement.  While fatigue management strategies and safe driving initiatives may be deployed at conferences and in training – It clearly is just not enough.

If you or a loved one has been injured in an ambulance related accident, you must call my offices immediately.  As an experienced Ohio accident and negligence 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.

 

 

Partying and Personal Injury

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Celebrate Safely Through the 2017 Holidays

Coming off of the St. Patrick’s Day festivities, we are about to hit a stretch of warm weather which means spring/summer parties. Unfortunately many injuries occur as more and more people are on the road and partying too hard. As a personal injury attorney I know all too well the dangers that accompany this type of behavior.

Safety in Public Places

We recently heard about tragic news of a 20 year old that fell from an upper story of a restaurant in Cleveland during the St. Patrick’s Day celebrations.   While full details have not been release, it has been reported on social media and news outlets that building violations we reported that likely played a role in this tragic accident.

When we are excited to go somewhere or are in a rush, we tend to be more careless!  Try not to get caught up in the excitement and take time to be careful and thoughtful.  Alert management or authorities to any dangers you may observe!

Outdoor Safety at Parks and More

Injuries and accidents are also on the rise this time of year, with many of us eager to get outside for some nice weather and fresh air.  Increased outdoor activities can lead to water dangers, fall hazards and more.  Plan to play it safe outside!

Safety on the roads

Holidays and nice weather can lead to an influx of traffic accidents, including distracted driving and driving under the influence.  Take it easy on the roads and alert local authorities to any driving dangers you may witness.

If you or someone you love was involved in an accident, 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.

 

The Nation’s Poorest Nursing Home Care is in Our Own Backyard

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Federal statistics have reported the state of Ohio is ranked as one of the poorest states for nursing home care.

As a medical malpractice attorney for 36 years, you can imagine this does not sit well with me. My first question when I read the Cleveland Plain Dealer’s article on Ohio nursing home care was, “what underlying factors are the cause for Ohio’s poor nursing home care?”

Nursing home negligence and abuse can be difficult to monitor for a multitude of reasons and, for this reason, many instances of negligence are under reported.

An estimate of only 1 in 14 elder abuse incidents are reported.

Without filed complaints, statistics for nursing home abuse may be even lower than the recent federal statistics illustrate!

The rating system used nationwide is called Nursing Home Compare. This allows “consumers” to compare nursing home information to make the right choice for their loved one by providing ratings of 1 through 5 stars.

This system rates the following factors:

  • Health inspections
  • Staffing within facilities
  • Quality measures for residents (addresses their treatment, physical health, pain, etc.)

Unfortunately, resident opinions are not included in the standard rating system. Many complaints often go unheard or are not properly managed.

In a startling discovery, almost half of Ohio’s nursing homes received below-average ratings for their care.

Here are some of the highlighted facts from the federal statistics as of December 2016:

  • There are 963 nursing home facilities in the state of Ohio.
  • All nursing homes are ranked through the federal Nursing Home Compare rating system.
  • 41% of Ohio nursing home facilities received 1 or 2-star ratings on this rating system.
  • The state of Ohio only requires 75 hours of aide training in nursing facilities, whereas other states like California require 150 hours.
  • 30% of Ohio’s nursing homes were fined approximately $6.37 million in a 3-year span.

My job as an attorney is to fight for the injured victim’s justice and Make Them Pay. When it comes to nursing home negligence, fighting for justice is not enough. My duty to those who are injured by negligent medical professionals is to fight for change and ensure these injuries never happen again.

It is important that you or anyone who has been hurt by a negligent nursing home reports any and all incidents immediately.

You can do so by filing an online complaint with the Ohio Department of Health as soon as possible.

If you or a loved one has suffered nursing home negligence and/or abuse, call me today. As your Ohio nursing home negligence 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.

Ohio’s 3 Foot Law When Passing Bicycles

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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.