$3.2 MILLION CAR 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

$3.2 MILLION CAR ACCIDENT SETTLEMENT

$3.2 Million for Man that Suffered Catastrophic Injuries from a Motor Vehicle Accident

Proving a catastrophic injury occurred due to a motor vehicle accident in Ohio involves a thorough process of collecting evidence, working with expert witnesses, and understanding the legal frameworks that govern such cases. Catastrophic injuries are typically life-altering and may include traumatic brain injuries, spinal cord injuries, severe burns, amputations, or other debilitating conditions. For the injured party, establishing the legal proof of such an injury, especially when claiming compensation, requires a systematic approach.

Here’s an overview of the steps and essential elements involved:

1. Seek Immediate Medical Attention

One of the first and most crucial steps in proving a catastrophic injury is seeking immediate medical care following the accident. This documentation serves as the foundation of your case. By visiting a medical facility immediately after the accident, you create a formal record linking the accident to the injury. The sooner you seek medical attention, the easier it is to establish a clear timeline between the accident and the injury.

2. Obtain Comprehensive Medical Documentation of the Catastrophic Injuries

In a catastrophic injury case, medical records are some of the most compelling pieces of evidence. These records should detail every aspect of the injury, the treatment provided, and the prognosis. Documentation can include:

  • Emergency Room Records: These records confirm that the injured party sought immediate treatment.
  • Diagnostic Tests: X-rays, MRIs, CT scans, and other diagnostic tests provide concrete evidence of the injury’s severity.
  • Treatment Plans and Physician’s Notes: Details about surgeries, medications, physical therapy, and follow-up appointments help establish the ongoing nature of care.
  • Prognosis Reports: A physician’s long-term assessment of how the injury affects future capabilities and quality of life.

Collecting these documents builds a clear and comprehensive timeline of the injury, recovery process, and associated limitations or disabilities.

3. Preserve Evidence from the Accident Scene

Evidence from the scene of the accident is critical in establishing a direct connection between the accident and the catastrophic injury. This might include:

  • Photographs and Videos: Photos or videos of the accident scene, vehicle damage, skid marks, and the surrounding area can help reconstruct the event.
  • Witness Statements: Statements from people who witnessed the accident can corroborate your account of the accident.
  • Police Report: Ohio law enforcement officials typically prepare an official report for motor vehicle accidents. This report often contains details about the accident’s cause, road conditions, weather, and observations by the officer, which can strengthen the link between the accident and the injury.

If possible, preserving the damaged vehicle can also help, as it might serve as evidence of the accident’s force and severity.

4. Demonstrate Liability in the Accident

To establish proof, you must demonstrate that the other party was liable for the accident. In Ohio, liability is determined using a comparative negligence standard, meaning that each party’s degree of fault is assessed. If your liability is less than 50%, you can recover damages proportionate to the other party’s fault.

To prove liability, work with an experienced attorney who can help:

  • Analyze Traffic Laws: Determining whether any traffic laws were violated by the other party is crucial. For example, if the other driver was speeding, running a red light, or driving under the influence, they are more likely to be held liable.
  • Reconstruct the Accident: Accident reconstruction experts can assess how the accident likely happened and demonstrate how it directly caused your injuries. These experts analyze vehicle positions, angles of impact, and physics to build a clear narrative.

5. Work with Expert Witnesses

Expert witnesses play a significant role in catastrophic injury cases. Their opinions can lend authority and clarity to complex medical, psychological, or technical issues. Key expert witnesses may include:

  • Medical Experts: These experts assess the severity of the injury, the treatment plan, and the potential for long-term or permanent disability.
  • Accident Reconstruction Specialists: They use the evidence from the scene, vehicle damage, and laws of physics to reconstruct how the accident occurred, supporting the connection between the accident and the injury.
  • Vocational Experts: In cases where an injury impacts future employment, a vocational expert can explain how the injury limits the injured party’s ability to work, impacting their future earning capacity.
  • Economic Experts: Economic experts calculate the lifetime costs associated with the injury, including medical care, lost income, and ongoing rehabilitation.

6. Document the Financial Impact of the Catastrophic Injury

Because catastrophic injuries often result in substantial financial costs, proving these damages is essential. Keep records of all expenses related to the injury, including:

  • Medical Bills: All hospital stays, surgeries, medications, and therapy costs.
  • Lost Wages and Future Earning Capacity: A record of time missed from work and evidence that the injury limits future employment opportunities.
  • Pain and Suffering: Though harder to quantify, these damages can be proven through testimony and psychological evaluations. Family members, friends, or co-workers can also provide insight into how the injury has impacted daily life.

7. Prove the Impact of the Catastrophic Injury on Quality of Life

Catastrophic injuries often lead to a diminished quality of life, affecting the individual’s ability to enjoy life as they once did. This “pain and suffering” or “loss of consortium” is an intangible but valid area of compensation. Examples include:

  • Limitations on Physical Abilities: If you were previously active but can no longer participate in the same activities due to your injury, this diminishes your quality of life.
  • Mental Health: The emotional toll of coping with a life-altering injury can be substantial. A mental health professional can provide documentation on conditions such as depression, anxiety, or PTSD resulting from the accident.

8. Collect Supporting Testimony

Gathering testimony from people who can confirm the extent of your suffering and challenges can strengthen your case. Family members, friends, colleagues, and healthcare providers can attest to the changes they’ve observed in your physical and emotional state since the accident.

9. Understand Ohio’s Statute of Limitations for Injury Claims

Ohio law enforces a statute of limitations for personal injury claims, meaning that an injured party has two years from the date of the accident to file a lawsuit. Failing to file within this time frame can mean forfeiting your right to seek compensation. Therefore, starting the legal process as soon as possible after the accident is crucial.

10. Hire an Experienced Personal Injury Attorney Such as Tim Misny

Working with a qualified attorney familiar with Ohio’s personal injury laws can make a significant difference in proving catastrophic injury. Attorneys guide you through each step, from evidence collection to expert testimony, and ensure that all necessary documentation is compiled and deadlines met. An attorney also negotiates on your behalf with insurance companies and, if necessary, represents you in court.

Call Tim Misny as soon as possible to discuss your catastrophic injury claim.

Proving a catastrophic injury in Ohio involves building a compelling case that directly links the injury to the motor vehicle accident. This requires immediate and ongoing medical documentation, physical evidence from the accident scene, expert testimony, financial documentation, and legal guidance. By establishing the severity of the injury and its life-altering impact, you can pursue fair compensation to cover medical costs, lost income, and other damages. Taking swift, deliberate steps with the help of an experienced attorney like Tim Misny can significantly increase your chances of success in proving a catastrophic injury and securing the compensation needed to support a new way of life.
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.