$7.25 MILLION WRONGFUL DEATH SETTLEMENT

ASK TIM A QUESTION
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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

$7.25 MILLION WRONGFUL DEATH SETTLEMENT

Wrongful death settlement for a man who died on a construction site due to the negligence of a third party contractor. The economic damages in the settlement were for $7.25 million.

General Information about Wrongful Death

What is Negligence?

Negligence is a legal term that refers to the failure to exercise reasonable care or caution, resulting in harm or injury to another person. It typically involves four elements: duty, breach of duty, causation, and damages. Understanding the legal definition of negligence is crucial in determining liability in employees personal injury cases.

Wrongful Death Settlements

Wrongful death settlements refer to the compensation paid by the defendant. to the surviving family members or personal representative of the person who died due to the accident, injury, or negligence of another person. When a person or entity fails to fulfill a legal duty and causes a death to occur, a wrongful death lawsuit can be filed.

In a wrongful death lawsuit, the surviving family members of the deceased may seek damages. These include economic damages, non-economic damages (such as emotional distress and loss of companionship), and punitive damages (designed to punish the defendant for their conduct).

Causes of Death at Construction Sites

  • Falls – The most common cause of fatalities in the construction industry, accounting for approximately 36.5% of all deaths in the workplace. Falls can occur from heights, such as from roofs, ladders, and scaffolding, or from ground level due to slips, trips, and falls. Consistent exposure to dangerous heights requires great safety precautions.
  • Struck-by incidents – This occurs when workers are hit by objects or equipment and include: being struck by falling debris, being hit by equipment or moving vehicles or being struck by flying objects.
  • Electrocutions – Sometimes workers come into contact with live electrical wires or other sources of electricity. This can happen when workers come into contact with power lines, energized sources, or when they use extension cords or other electrical equipment improperly.
  • Caught-in/between incidents – Workers can be caught, crushed, or compressed by equipment, machinery, or other objects. This can include: being caught in or between running equipment. Being caught in or between vehicles. Being caught in collapsing structures or excavations and being crushed by heavy objects.

Construction Site Wrongful Death Statistics

Construction sites can be dangerous places to work, and there are many potential hazards that can result in serious injuries or fatalities. According to the U.S. Bureau of Labor Statistics, 20% of all worker fatalities in 2019 occurred on private construction sites.

The number of fatal injuries in the construction industry has been on the rise in recent years. In 2020, there were 1,160 work-related fatalities in the construction industry in the United States. This is an increase from 2019, when there were 1,061 work-related fatalities in the construction industry.

Third Parties at Construction Sites

Some examples of third parties who may be present on a construction site and this in harms way include:

  • Subcontractors – These are companies or individuals hired by the main contractor to perform specific tasks or services as part of the construction project.
  • Design professionals – Architects, engineers, and other design professionals may be involved in the construction project, either as employees of the employer, or as independent contractors.
  • Inspectors – Government agencies, insurance companies, or other third-party inspectors may be present on a construction site to ensure that safety and quality standards are met.
  • Suppliers – Manufacturers, distributors, and suppliers of construction materials and equipment may be present on a construction site to deliver, install, or maintain their products.
  • Visitors – Construction sites may attract a wide range of visitors, including clients, investors, reporters, and members of the general public.

Third parties may have their own interests and concerns in relation to the construction project, and their actions or omissions may impact the safety and quality of the project. It is important for contractors and employers to be aware of these third parties and to take appropriate measures to address any potential risks or liabilities. In the event of an accident or injury on a construction site, it may be necessary to consider third-party liability. It is always best to consult with an injury attorney, like myself, as soon as possible. You should never take on a legal claim without sound legal advice from an attorney. I have more than 40 years of personal injury law experience and I’ll Make Them Pay!®

Third Party Negligence

Some common examples of third-party negligence on construction sites include:

  • Defective equipment and tools – If a worker is injured due to defective equipment or tools, the manufacturer or supplier of the equipment may be liable.
  • Unsafe working conditions – Uneven and dangerous stairs, missing or faulty handrails, and slip and fall situations are all examples of unsafe conditions that may result in serious injury.
  • High lead levels – Workers exposed to high levels of lead on a construction site may suffer serious health consequences, including neurological damage.
  • Asbestos Exposure – Asbestos exposure is a serious health hazard in the construction industry, particularly in renovation and demolition projects. Mesothelioma is a type of cancer that affects the thin layer of tissue that lines the chest and abdomen. It is often caused by exposure to asbestos.
  • Electrical hazards – Electrical hazards, such as exposed wires or faulty wiring, can cause electrocution, burns, and other injuries.
  • Collapsing buildings or structures – A building or structure that collapses due to design flaws, defective materials, or negligent construction can cause serious injuries or fatalities.
  • Fire hazards and explosions – Fires and explosions on construction sites can cause serious burn injuries, respiratory damage, and other injuries.

It is important to note that third-party negligence is not limited to these examples and can take many other forms. Identifying and proving third-party negligence can be a complex process, and it’s best to reach out to me to discuss your construction injury claim that was caused by a negligent third party.

A Lawyer with Wrongful Death Case Experience

The family mentioned earlier received a settlement of $7.25 million for the death of their loved one on a construction site. If your family has suffered a similar tragedy or serious injury, call me for a free consultation. I am available to meet with you any time or any place that is most convenient for you. Wrongful death lawsuits are a serious undertaking, and you need a serious, competent attorney on your side.

Your family has enough to worry about. I can make a difference in your life. I will find out exactly what happened and will hold the negligent party responsible. Your family should be compensated, and I’ll Make Them Pay!®
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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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.