$1.5 MILLION MOTORCYCLE ACCIDENT SETTLEMENT

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“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

$1.5 MILLION MOTORCYCLE ACCIDENT SETTLEMENT

$1.5 Million for Man that Suffered Permanent Injuries in a Motorcycle Accident

Proving permanent injury from a motorcycle accident in Ohio involves a thorough understanding of legal principles, medical evidence, and documentation. Here’s a breakdown of the steps and components necessary to establish a permanent injury claim, especially when it comes to motorcycle accidents in Ohio.

1. Understanding Ohio’s Personal Injury Laws

Ohio follows a “fault” system, meaning the party responsible for causing the accident is liable for any resulting damages. Motorcycle accidents often result in severe injuries due to the lack of protective barriers between the rider and the road. Under Ohio law, to prove permanent injury and secure compensation, you must show that the injury was directly caused by the accident and is expected to have a lasting impact on your life.

2. Meeting Ohio’s Threshold for Permanent Injury

In Ohio, as in many states, proving a “permanent” injury typically requires demonstrating that the injury has created lasting effects on the person’s physical or mental abilities. This threshold is often met by proving:

  • Physical disfigurement: Scars or other visible signs of injury that are unlikely to fade.
  • Loss of function: The loss of a limb, the inability to perform daily activities, or permanent restrictions in physical capabilities.
  • Chronic pain: Persistent pain that interferes with life, possibly requiring ongoing treatment.
  • Neurological or psychological impacts: Traumatic brain injuries (TBIs), PTSD, or cognitive impairments.

It’s essential to document how the injury has impaired your ability to work, enjoy life, or engage in activities that were part of your routine before the accident.

3. Establishing Causation Through Medical Evidence

Medical documentation is crucial in proving a permanent injury. Immediately after the accident, it’s important to seek medical attention, as any delays can raise questions about the connection between the accident and the injury. Here are the types of medical evidence typically required:

  • Initial hospital and emergency records: Documentation from your first visit post-accident will contain information about the injuries sustained. These records are critical in linking the accident to your injury.
  • Diagnostic imaging: MRI, X-ray, CT scans, and other forms of imaging provide visual evidence of injuries such as fractures, internal bleeding, or brain trauma.
  • Medical opinions and reports: Having statements and reports from physicians who specialize in your type of injury can reinforce claims of permanence. For instance, if you have nerve damage, a neurologist can detail the extent and prognosis of your condition.

4. Engaging Expert Witnesses

In cases involving permanent injuries, expert witnesses can help establish the long-term effects of your injury. Medical experts, such as neurologists, orthopedic surgeons, or psychologists, may provide testimony that explains your diagnosis, the treatments you’ve undergone, and how these treatments correlate with a permanent injury. Vocational experts may also testify regarding the impact of your injury on your ability to work, which is especially important for damages related to lost earning capacity.

5. Documenting Pain and Suffering Resulting from a Permanent Injury

Permanent injuries affect more than just the physical body; they can impact emotional well-being and quality of life. In Ohio, pain and suffering are compensable damages, and demonstrating the long-term impact of these factors can be crucial. To strengthen your claim, maintain a pain journal where you document:

  • Daily experiences with pain: Describe the frequency, intensity, and duration of pain.
  • Limitations on activities: Note the activities you can no longer perform or those that require assistance.
  • Mental and emotional effects: If you’re experiencing symptoms of anxiety, depression, or PTSD due to the accident, document these occurrences. Mental health treatment records from therapists or counselors can substantiate claims of emotional distress.

6. Proving Economic Damages Associated with Permanent Injury

Permanent injuries often come with significant financial impacts. In Ohio, you can claim compensation for various economic damages, including:

  • Medical expenses: Collect all invoices and receipts for hospital stays, surgeries, rehabilitation, medications, and any other treatments related to the injury.
  • Future medical care: For a permanent injury, you may need ongoing treatments or medications. Medical experts can estimate these future expenses, which can be included in your claim.
  • Lost wages and earning capacity: If the injury affects your ability to work, calculate the income lost during recovery, as well as future losses if you’re unable to return to the same job. A vocational expert can provide a professional assessment of your diminished earning capacity.

7. Using Ohio’s Comparative Negligence Law

Ohio follows a comparative negligence rule. This means that if you are partially at fault for the accident, your compensation may be reduced by the percentage of your fault. For instance, if you were found to be 20% at fault for the accident, you could still recover 80% of the total damages. However, if your fault is greater than 50%, Ohio law prohibits you from recovering any damages. Thus, proving that the other party was primarily or entirely responsible for the accident is essential.

8. Obtaining Witness Testimony of the Motorcycle Accident

Witness testimony can reinforce the evidence of the injury’s impact on your life. Family members, friends, or co-workers who can attest to the changes they have observed in your abilities, lifestyle, and personality post-accident can be compelling. They can provide insights into:

  • Changes in daily activities: Witnesses may testify about your inability to perform tasks that you previously handled without issue.
  • Observations of pain: Witnesses can describe how they’ve seen you struggling with pain or discomfort.
  • Behavioral or emotional changes: If you’ve developed anxiety, depression, or mood swings due to the accident, witnesses can validate these changes.

9. The Role of Legal Representation

Successfully proving a permanent injury in a motorcycle accident case often requires experienced legal representation. An attorney such as Tim Misny, can help:

  • Collect evidence: A personal injury attorney will know what type of evidence is necessary and how to gather it effectively.
  • Identify and work with experts: Attorneys often have connections with expert witnesses who can testify to the injury’s permanence.
  • Negotiate with insurance companies: Insurers often attempt to minimize payouts, but an attorney can help advocate for fair compensation.

10. Filing Within Ohio’s Statute of Limitations

Ohio law sets a two-year statute of limitations for personal injury claims, including those related to motorcycle accidents. This means you must file your claim within two years from the date of the accident. Missing this deadline generally bars you from seeking compensation. However, if the injury wasn’t immediately apparent, exceptions may extend this period; consulting with an attorney can clarify whether these apply to your case.

Proving a permanent injury due to a motorcycle accident in Ohio requires a combination of medical documentation, expert testimony, and thorough legal preparation. A strong claim demonstrates not only the physical injury but also its lasting effects on your financial stability, quality of life, and mental well-being. By working with legal professionals and gathering comprehensive evidence, you can enhance your chances of proving a permanent injury and obtaining fair compensation for the life-altering impact of the accident.

For help with a motorcycle accident injury claim, call Tim Misny today.
The Law Offices of Tim Misny
The Law Offices of Tim Misny
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Krystle Banks
Krystle Banks
14:32 20 Sep 23
Christine Filippelli
Christine Filippelli
01:55 18 May 23
DeAndre Merritt
DeAndre Merritt
06:58 23 Mar 23
Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM MISNY and he will make them pay!! God Bless.
C M V
C M V
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful, professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil Pursuits!City, State and Above State Level Situation .Pro Se !
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Tim
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!
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.
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.Mike
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.
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.
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.
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!
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ASK TIM A QUESTION
NO COST TO YOU!

THE LAW OFFICES OF TIM MISNY

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127

Phone: 1-800-556-4769
Toll Free: 1-800-556-4769
Fax: 440-306-1600
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.