Wrongful Death Overview

“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

Wrongful Death Overview

How much do you know about wrongful death cases? You may have heard the family of Ronald Goldman, the significant other of Nicole Brown Simpson, received a judgement of more than $80 million dollars against O.J. Simpson ,. Although O.J. Simpson was acquitted of murder in the criminal trial of Ron Goldman and Nicole Brown Simpson, he was found to be responsible for the Goldman’s death in  a civil suit. The attorney’s representing Fred Goldman and his family proved that Simpson was indeed at fault for their son’s death. Although most wrongful death suits are not this high-profile, this particular case serves as a quick introduction to the concept.

Wrongful Death Claims

A wrongful death claim is a lawsuit brought against a person who is believed to be at fault for a death. The person being sued is referred to as the defendant because their attorney must defend them in court. The family member of the deceased who brought forth the lawsuit is referred to as the plaintiff. Both sides are represented by attorneys, and the case is tried before a judge, not a jury. Wrongful death cases are civil suits. The defendant will not be sentenced to jail for their actions, even if they are found guilty. Instead, monetary damages are awarded to the plaintiff if they successfully prove their case. In the example described above, even though O.J. Simpson was acquitted of murder, the attorneys representing Fred Goldman proved that Simpson was the cause of Ron’s death. As a result, Simpson wasn’t sent to jail. Instead, the damages were monetary in nature.

Filing Wrongful Death Claims

When a person dies as a result of someone else’s actions, their loved ones can file a wrongful death claim. However, not just anyone can do so. State laws differ, but in Ohio, the plaintiff must be an immediate family member, such as a parent, spouse, or child of the deceased. An unmarried life partner or dependent of another sort may be able to file as well, as long as they can prove that they were financially dependent on the deceased. Only one person can file a case in court, and they will receive the majority of the damages if they prove their case. However, other family members can join in the suit and make their claim that they are also owed damages.

Wrongful Death Defendants

It seems straightforward that the defendant in a wrongful death case would be the one who directly contributed to the death. In some cases it is just that simple. The person who sped down the highway at 80 miles per hour and then slammed into a car parked on the side of the road with its hazards on, killing the person in that car, is clearly at fault – if it can be proven in a court of law. Other cases are not so cure and dry.  For instance a bartender who served the defendant too many drinks, or the government body that didn’t provide enough signs or orange barrels in a construction zone, can be sued for wrongful death. If the car the defendant was driving had a faulty part that malfunctioned and the auto manufacturer knew about it but didn’t set a recall, then the manufacturer may end up in court. There are numerous other examples. It all depends on the specific circumstances of the case.

Who Cannot be a Defendant

In some cases, certain groups of people and their organizations can’t be sued for wrongful death. These people and companies are said to have immunity. There are specific government agencies and legislative bodies that can’t be sued. Not every state has this immunity in place, and it all depends on the manner of death and the circumstances that caused it. Your best bet is to contact a wrongful death attorney to see what your options are. They will determine if the person or organization is immune. If they are not, then a wrongful death suit may be filed.

Wrongful deaths occur every day. Some are obvious, such as a person who operated their vehicle in a negligent manner or a doctor who didn’t perform their duty. Others are less clear cut, like the automobile manufacturer. If you believe your loved one died a wrongful death, and that someone specific is the cause, then you need to contact me today and I’ll Make Them Pay!®

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The Law Offices of Tim Misny
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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!read more
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.read more
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.Mikeread more
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.read more
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.read more
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.read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

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. Order ED Drugs at Ohio Pharmacy Online Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.