At The Moore Law Firm, we field many questions from new clients. Often, the more serious the injury a client suffered, the more questions they have, and that makes sense. Catastrophic injuries can result in the most questions. Our Cincinnati injury attorneys have compiled the most common questions and provided answers below.
What Qualifies as a Catastrophic Injury?
Ohio law defines a catastrophic injury as an injury that involves:
- Loss of a limb or the permanent loss of use of a bodily organ or limb
- Loss of senses, like vision or hearing
- Any form of disability that prevents an injured person from caring for themselves or working
- Any type of substantial permanent physical deformity
It doesn’t matter how an individual suffers a catastrophic injury. As long as it falls into one of those categories, it qualifies. Common examples of catastrophic injuries are:
- Burn scars from third-degree burns
- Partial or complete paralysis
- Traumatic brain injuries
- Dismemberment
- Debilitating tinnitus
These injuries all result in lifelong complications for the victim.
How Do Catastrophic Injuries Happen in Cincinnati?
Catastrophic injuries can occur almost anywhere and at almost any time. For example, you could suffer a catastrophic injury while checking your mail if a truck loses control and plows into you.
Some of the more common causes of catastrophic injuries in Cincinnati are:
- Car, truck, and motorcycle accidents
- Medical malpractice
- Construction accidents
- Slip and fall accidents
These are situations where there is a lot of potential for a life-changing accident. If you think you suffered catastrophic injuries, talk to the experienced Cincinnati injury attorneys at The Moore Law Firm to get your injuries evaluated.
What Should I Know About Seeking Compensation for Catastrophic Injuries?
There is a reason Ohio law defines catastrophic injuries separately from other types of injuries. Typically, with other types of injuries, there is a cap on how much you can receive from a jury for non-economic damages.
That cap is removed if you suffered a catastrophic injury. That rule technically only affects jury awards, but it also affects settlements. Insurance companies know that there is no cap at trial for non-economic damages, so they will negotiate higher values of settlements to avoid having a case decided by a jury.
What Does a Catastrophic Injury Attorney Do to Help?
A catastrophic injury lawyer guides you through the legal and insurance process after you suffer a serious injury. Both of these processes are complex, and the insurance process is stacked against you. Your attorney evens the playing field and handles all the red tape.
Just as importantly, your attorney provides you with experience. Do you know how much money you can get if you lose an eye versus how much money you can get if you are paralyzed from the waist down? No, but your attorney understands the difference in value between those injuries.
This knowledge is critical when dealing with an insurance company. The insurance company is almost certain to offer you less than you deserve. Your attorney has the knowledge to counter with a value that is accurate and supported by evidence.
There is also an implicit threat when you are represented by a lawyer. The insurance company knows that if it doesn’t negotiate in good faith you are willing to sue to get the money you need.
What Factors Can Impact Compensation in Catastrophic Injury Cases?
The most important factor impacting how much money you will get after suffering a catastrophic injury is the impact that injury will have on your life. If you need multiple surgeries, will miss years of work, and may never fully recover, you will need money to pay for all of that.
Another factor that may affect your compensation is your percentage of responsibility. Contributory negligence laws in Ohio reduce your compensation by a percentage equal to how much responsibility you have for your injury.
Other Frequently Asked Questions
How Long Do I Have to Sue After Suffering a Catastrophic Injury?
The statute of limitations on personal injury claims in Ohio is two years. If you wait longer than two years after the date of your injury to file a lawsuit, it will be dismissed with prejudice.
Is the Wrongful Death of a Loved One a Catastrophic Injury?
No, but it is similar. The most important similarity is that you can receive non-economic damages if you sue a party for the wrongful death of a loved one.
Can I Get More Money After Accepting a Settlement if I Discover That I Have Additional Injuries or They Are Worse Than Originally Believed?
No. This is why it is so important for your Cincinnati injury attorneys to accurately determine the value of your claim.
Typically, your attorneys will delay filing a lawsuit or agreeing to a settlement until they have as much information as possible. This increases the likelihood that all consequences of your injury are properly accounted for before a settlement is agreed to.
If the statute of limitations is quickly approaching, your attorney can file a lawsuit to effectively get more time to investigate your injuries and wait for you to recover more. This increases the likelihood of a fair settlement.
Contact the Cincinnati Injury Attorneys at The Moore Law Firm for More Answers
As hard as we tried to answer all of your questions, we understand that every case is different. If you still have questions, our lawyers will be happy to answer them during your free initial consultation and case evaluation. Contact our law firm today to schedule a conversation with an experienced personal injury lawyer.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.