Distracted Driving Penalties Increased

Distracted driving has been becoming more and more of an issue today due to the use of cell phones and other electronic devices while driving. In the state of Ohio, cell phone use is a primary offense for drivers under 18 as well as above. Cell phone use has been becoming more common amongst all ages even senior citizens. The radio is very popular and with other things it is very easily to get distracted while driving which can result in a very serious or life threatening injury.

The Ohio State Legislation board along with the house of representatives have passed a new penalty on House Bill 95 which applies for everyone in the state of Ohio who is found to have a moving violation due to distracted driving, a $100 penalty fee will be added to the fine of the violation. The State of Ohio is cracking down more and more on distracted driving seeing how over 600 Fatalities have been caused by distracted driving.

Distracted Driving

  • Visual: taking eyes off road and or not looking where you are going
  • Manual: taking your hands off the wheel or controls of the vehicle
  • Cognitive: not thinking about driving

The roadway is a dangerous place and driving is a huge responsibility. Distracted driving is the number one cause of car accidents in the United States and it is not going to decrease any time soon. Cell phones, music, and technology are taking over and is the reason our roadway is becoming less and less safe.

We the people can’t control what other people do, but what we can control is ourselves and what we do. Let’s take responsibility for our actions and not use our cell phones while driving, or do anything that will inhibit or distract us from driving with our full potential. Driving is a responsibility and not a privilege. Follow the law and maybe you’ll save some money along the way as well as keep you safe as well as others around you.

If you or a loved one was injured or killed in an automobile accident due to another driver’s negligence, contact my office 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.

Getting A Tonsillectomy

Tonsillectomies are standard procedures that many Americans undergo throughout the year. A tonsillectomy consists of the removal or partial removal of the tonsils in the throat. Although they are common procedures not every person has a pleasant experience. There are risks to every procedure and people should be made aware of those risks and understand them beforehand.

Reasons for a Tonsillectomy

  • Repeating cases of tonsillitis
  • Constant infections of the ear
  • Sores in the tonsil area of the throat
  • Sleep apnea

In some cases of a tonsillectomy they remove partial or some of the tonsils still leaving behind tissue. This can be a problem if it regenerates and becomes infected again, that is why most doctors choose to remove all the tonsils at once.

When it comes to the risks of getting your tonsils remove they are very low, but you still undergo anesthesia depending on the health of each patient. Bleeding, or hemorrhaging, can also occur during, or after, a tonsillectomy. In rare cases there may be a need for a stitching to close the open wounds but in most cases, they seal themselves, so bleeding is normal. Bleeding can occur not only during the tonsillectomy but after the procedure is completed. If a bleed is severe enough it can require a transfusion from a donor. This is only in extremely rare cases where blood vessels are ruptured enough to cause severe bleeding resulting in severe injury or death.

Before a tonsillectomy it is important to discuss with your doctor exactly what he or she is going to do. You should always ask questions before hand and ensure your doctor that you don’t understand something, and have them explain. Chances are if something doesn’t sound or feel right, it probably isn’t.

Do you or a family member need help filing medical negligence or malpractice claims? Contact my offices immediately 877.944.4373

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. 

Nursing Home Fall Injuries

It is always important for our loved ones to have a safe and comfortable stay at a nursing home when they get to that certain age. Since they are we family we want others to treat them as if they were their own family. Accidents happen all the time a nursing homes, but what do you do when you receive a phone call about your loved one that has fallen at the nursing home?

Although one’s safety comes first it is important to know the risk of falling when entering a home. The patient must be assessed for high or low risk falling. If the nursing home is aware of this they will know that someone must be around always to help assist.

According to the Centers for Disease there is about 1800 nursing home patients that die per year just from a serious fall. Over 2 million elder adults fall each year some with more injury than others. Most falls can be prevented if people and the patient are aware of the risks associated that cause the fall.

Common Injures From Falling

  • Bone Fractures
  • Lacerations to the head
  • Traumatic Brain Injuries (TBI)
  • Bruising
  • Spinal Injury

Each nursing home should have assessments in place that tell which patients are more likely to fall than others. If a nursing home does not properly follow this procedure it can most likely cause a serious accident. Some falls are bound to happen and cannot be prevented, but the injury can be reduced drastically.

When a nursing home fails to carry out basic procedures that is when patients are most at risk, also the staff and how many nurses there are working at the time plays a major role in higher fall risks. Staff should report and update the fall risk assessments as over time the patients get more and more at risk for falling.

So, if you are wondering what to do when a loved one suffers a serious fall or injury in the nursing home? First establish how the fall happened. Assess the injury and seek medical care if needed. Lastly, Call Me! I’ll answer any questions you may have 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.

Work Injury – Safety

Each year across the United States thousands of workers are injured on construction sites even while under the supervision of a safety manager. Most of these accidents happen while under the operation of heavy machinery, and equipment. With most of the accidents that happen, over half of the people that are injured are on the ground die or suffer a very serious injury.

According to the Ohio Safety and Health Administration (OSHA) almost all accidents that occur are preventable. What this means is that not all steps were followed safely to execute the desired task set in place.

Listed below are the top safety accidents that occur

  • Getting in and off equipment
  • Loading and Unloading equipment
  • Too many people in one work area
  • Machines Radius and how far they move causing a knock to the body and or head
  • Overhead objects/Buried object
  • Backing up
  • Machine Malfunction
  • Unstable balance of weight between objects
  • Improper use of the machine/Horseplay
  • Safety Focus

Many times, when on a construction site it is important to be aware of all hazards life threatening, and minimal damage. If a worker is not focused on his/her job they can seriously injure or even kill someone. It is important for everyone who has a certain job to know how that job is done, and how to properly execute the tasks given. If you don’t feel comfortable with something or don’t know, it is better to ask questions or speak with your supervisor to prevent an accident from occurring.

Be safe at all times, and know what you are doing as well as others around you. If you or a loved one was injured on the job Call Me! 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.

Pet Injuries Equal Damage Compensation

They are our furry friends and most of the time part of the family. Our pets are important to us and we treat them like family. In fact, we love them so much that in 2017 we as Americans spent over $69 billion dollars in food, care and living for our pets. Having a pet is a responsibility and it is important to care for them and treat them to the best of your ability.

As a government we protect our pets with laws such as animal abuse. Criminal charges can be enforced upon people who are caught maliciously and have an intent to injure their pet. These laws have been placed across the United States, and are there to protect our animals.

However, what happens when someone else deliberately hurts our animal? You may be wondering if there is anything you can do?

The answer is Yes, you are entitled to monetary compensation for someone who harms your animal whether the case being purposeful, or even accidental. Whatever the case may be when it comes to the court room, you are entitled to the full market value of your animal. The market value of your pet could depend on several factors including, the purchase price of your animal, any special abilities it has that obtained you any types of awards/trophies, and the age of your animal if it was healthy.

Most of us love our animals to death and they do become part of our family, unfortunately however there is no compensation for emotional distress caused by the death of a pet. This is hard to tell in most cases seeing how everyone story is different. If your pet is important to you must always keep it safe and out of harm’s way. This can also include keeping it from harming other people. Although it is your pet and you know it better than anyone, the truth of the master is accidents happen and pets do injure and harm other people and children.

If you or a loved one has been involved in a brutal dog attack Call Me right away! I’ll be there for you and I’ll Make Them Pay!® Call Me Tim Misny right away at 1.877.944.4373. I’ll Answer any questions you may have and I’ll be there for you! 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. 

Blood Tests Diagnose TBI

Each year, more than one million Americans across the United States suffer sports injuries, car accidents, or some type of fall. Any hit to the head that can cause loss of consciousness could be the cause of a traumatic brain injury or (TBI). Most TBIs include concussions, or contusions which is bruising to the brain. A hemorrhage may also occur which is a lot of severe bleeding, and a skull fracture could arise.

Results of a simple blood test given in any hospital can predict and tell doctors the severity of any traumatic brain injury as well as the therapy needed to recover.

The effects of a Traumatic Brain Injury can differ from each person. For example, many patients may not experience symptoms of a TBI right away and it may arise hours or even months later. Most patients that experience a brain injury are tracked closely and monitored due to the severity can lead to a coma. CT or Cat Scans can also show doctors if there is any bleeding to the brain.

A physician from John Hopkins University disclosed that a certain type protein to the brain know as brain derived neurotrophic factor is dropped after a hit to the head. In recent studies there is a correlation between the levels of the protein, if they are lower mean that the severity of the head trauma is more severe. This gave patients with the lowest levels of protein a low chance of recovery to their original state.

The sooner a traumatic brain injury can be diagnosed the better it is for physicians to try and treat you.

While further research is needed to fully understand TBI and protein levels blood tests could be the temporary solution to treating in a timely manner.

If you or a loved one was injured or killed in as a result of a motor vehicle accident, medical malpractice, or birth injury, contact my office 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.

 

Nighttime Bicycle Safety

Riding Your Bike at Night – Safety Tips

It’s a way of transportation that is cheap and efficient. Most people have one if they can’t afford a car or just in general. People they ride them to get to work or places they need to go. It is also a great form of exercise that happens to also be an Olympic sport. Bike riding is a popular activity that is safe most of the time if the rider takes proper precautions like wearing a helmet as well as other protective gear. Bikes are popular among kids as well. A child may receive a bike as a gift for their birthday, or even a special holiday.

There comes a point in every activity where there is a risk whether it be basic injury or life threatening, and with the way the world is we have amateur drivers that cause accidents with bicyclists, and sometimes cost a rider of a bike his or her life.

The National Highway Safety Administration released information pertaining to over 30,000 deaths per year just from pedestrian and bicycle fatalities. 17% of those numbers are bicyclists that were killed from being hit by a car

Riding a bike at night is a huge hazard due to no lighting in some areas. This is the time where drivers have less visibility and cannot see you if you do not take the appropriate measures. It is important to reduce the risk of an accident by as little as possible. Here are some safety tips for riding your bike at night.

Night Safety Tips

  1. Don’t Ride on the sidewalk, you will be invisible to drivers when riding into the street while crossing.
  2. Get a front headlight. You should always have a front light.
  3. Wear Bright clothing, backpack, reflective vest etc.
  4. Don’t Pass cars on the right
  5. Slow down.

Always Be aware of your surroundings and Be Safe!

If you or a loved one was injured or killed in a car accident due to another driver’s negligence, contact my office immediately. As your Ohio truck 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.

Bus Accident Deaths

Every year there are thousands upon thousands of accidents and fatalities with buses. According to the Highway Traffic Transportation Safety Administration there are over 130 people that die in school related crashes every year. Out of that 130 people 8% are students that are riding on the bus and that number does not include pedestrians, bicyclists, and others outside the bus that account for 21% of all fatalities. Back Since 2004, NHTSA has gathered information, and has found that both adults and children have been the victims of fatalities in busing accidents.

School bus accidents are not just a concern across the united states, but also in Ohio.

Ohio Accident Statistics

  • In 2017 305,000 traffic accidents occurred in the state of Ohio
  • 112,000 people were injured from car accidents in 2017
  • 1,133 people died from car accidents in 2017
  • 3,000 crashes involved buses in 2017

National Safety Council Tips

  • Do not pass a school bus that stops to release children
    • Traffic in both directions on undivided roadways must stop for a school bus. On a divided highway in Ohio drivers do not have to stop for a school bus coming the opposite direction.
  • Be alert. Children do not always look when crossing the street and can cause harm to themselves from improper decisions.
    • Stop behind a school bus far enough where there is a safe are for the children
  • Do not follow to close to a school bus when traveling 100 feet or more is necessary.

Driving should be safe for everyone. If you don’t drive safe, remember you’re not only putting your life in danger, but you are putting other drivers and people around you in danger as well. Be Alert and always look out for others on the roadway.

If you or a loved one was injured or killed in an automobile accident due to another driver’s negligence, contact my office 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.

 

Wrongful Death of an Infant

Seeking Support after Wrongful Death of an Infant

Every year in the United States infants are born with birth injuries. Over 50% of these injuries can be avoided if the proper planning and appropriate actions are taken by medical professionals. It is a gut-wrenching story to hear about any mother who suffers a failed child birth but it is something that happens often. Unfortunately, not every pregnancy goes as planned and is a mother’s worst nightmare to ever lose her child. For every 1000 births there are 8 infants that die after and during delivery. Not every but few of those deaths could have been prevented.

When you or someone has been a victim of a wrongful death of an infant it is important to seek support whether it be from a friend, family, or even a support group. Most of the time the hospital itself will put you in contact with multiple groups of mothers who experienced the same situation. Although sometimes it is very difficult to seek support right away after losing a loved one it is encouraged. Not everyone copes the same way so it is understandable for people to take their own route of healing.

Seeking support from a group is helpful in a sense of healing. Hearing another mothers story might give inspiration and motivation to know that you are not alone and there are other mothers out there that know what it’s like to lose a child. This may give you a feeling of sympathy and a safe place for you to be heard if you feel needed. In a support group no one is judged because everyone has gone or going through similar things. They are not forcing anyone to share their story or every detail of your life, it’s just there if you want it and gives you the opportunity to bring peace. There are many support groups out there so if you do not like one there are plenty of others to choose from.

Another benefit of a support group is helping you through your lawsuit. Lawsuits for a wrongful death of an infant can be very overwhelming, and the people that are a part of the group have been through it already, and can assist you, and help ease, or answer any questions you may have. Think of the people in the support group as new friends, and who knows maybe you’ll make a lifelong friend out of it when you least expected.

You or your child should not have to suffer due to a medical mistake that could have been prevented. Don’t wait until its too late.  If you believe your child has a birth injury caused by a healthcare provider or you are a victim of a wrongful death Call Me! I’ll Be there for you, and I’ll Make Them Pay!

Author: Tim Misny | For over 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 877.944.4373

What to Do After A Slip & Fall

So, you just experienced an injury do to a slip, and or trip and you fell. You are injured badly and not sure what you should do. Whether the injury happens inside or outside, If the injuries are severe you should seek medical attention right away. This includes calling the EMS/Police. Studies show that over half of all falls happen because the victim trips or slips. Most of the time there is debris, water, ice, snow, potholes, or other types of hazards that cause a person to fall and get injured.

If something does not look right to you it also may be helpful to others if you say something. Mention it to a store manager or a person that works there. You could save someone from being hurt badly.

Hazards to look out for

  • Wet floors
  • Holes in the ground
  • Ice
  • Snow
  • Crumbs of food
  • Any type of liquid
  • Tight enclosed aisles
  • Cracked areas

If you are a victim of a fall, this is a good time to gather information about the incident, such as where it happened, what caused the fall, and if you can take pictures using your cell phone. This can be very helpful down the road when pursuing the incident with an attorney. After you gather evidence report the incident whether it be to the property owner, store manager, etc.

After medical attention is obtained, call a layer immediately. This will protect you and your individual rights. Most people assume right away that whoever owns the property is responsible for your injury, however this might not be the case. We must first establish that your injury was caused by a disfunction in the store/property. We must then prove the property owner was aware of the hazard, but failed to fix it. Whatever the case may be it is always important to call me.

If you or a loved one has been a victim of a slip in fall contact my office Immediately! As your personal Injury Lawyer I’ll be there for you! I’ll Make them pay! 877.944.4373

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/