Pursuing Compensation for Catastrophic Injuries: A Guide

Being in an accident in which you suffer an injury can be devastating. You can end up with significant medical expenses, lost wages, and emotional trauma that lowers your quality of life. All of this can be even more severe if you sustain catastrophic injuries. But what is the definition of a catastrophic injury, and what legal options can you pursue for one in Ohio?

What Qualifies as a Catastrophic Injury?

A catastrophic injury is a serious personal injury that results in long-term or permanent disability and severely impacts your life. These injuries require extensive medical care, which could mean needing treatment for years.

Examples of catastrophic injuries include:

• Spinal cord injuries
• Traumatic brain injuries
• Amputations
• Severe burns
• Organ damage

Catastrophic injuries can prevent you from working in the same capacity as before or might not allow you to work at all. You may not be able to do the things you love, either.

Types of Compensation Available

In a catastrophic injury case, you can generally recover economic damages for a range of losses. Economic damages address the financial harm you’ve sustained, such as medical expenses. These expenses can encompass everything from hospital bills to modifications you may need to make to your home or car to accommodate disabilities.

Many catastrophic injuries require ongoing medical care, so economic damages can also cover the future costs you may have. This is vital if you need rehabilitation, occupational therapy, or a series of surgeries.

Economic damages can cover lost wages, too. Catastrophic injuries usually require that you take time off from work to receive medical care, and that means you won’t receive income that you would otherwise have made. Lost wages damages address these, as well as the loss of earning potential you may have suffered.

On the other hand, you may also be eligible for non-economic damages, which compensate you for physical and emotional distress. This doesn’t have an objective price tag, but the more serious the injury is, the more significant pain and suffering damages tend to be.

If the injury results in the death of a loved one, you may also be entitled to receive loss of consortium damages. These compensate you for the loss of support and companionship you have suffered.

Understanding Ohio’s Personal Injury Laws

As you begin to file a personal injury claim, understanding the state’s laws is vital. These laws govern when you may be able to file a claim and how to establish liability.

Keep in mind that there are statutes of limitations that you will need to abide by. In Ohio, you have two years from when the injury occurred or from when you discovered that you had sustained an injury.

To be able to file a claim against another party, you’ll have to show that they were negligent or wrongful in their conduct. But what if you were partly responsible for the injury?

Ohio has modified comparative negligence laws for such situations. These laws allow you to still recover compensation even if you were partly to blame, as long as your fault doesn’t go over 50%. Your winnings will be reduced by the percentage of fault you bear, however.

There are also caps on the non-economic damages you can receive. The cap is either $250,000 or three times your economic damages (up to $350,000) — whichever is the larger number.

The Role of a Personal Injury Attorney

A personal injury attorney is dedicated to helping clients fight for fair compensation. They help accomplish this by investigating the accident that resulted in catastrophic injuries and gathering evidence that establishes liability. They know how to work with medical experts to prove that the injury is serious, for example.

With their experience and understanding of Ohio law, lawyers can negotiate aggressively with insurance companies to help you reach a settlement that covers your losses. If that’s not possible, they can also represent you in court.

Why Acting Quickly Matters

You may think that you can take your time filing a claim, but that’s never a good idea. Even if you technically have two years to file, evidence can degrade or become unavailable. Witnesses may pass away, or they may not remember details of the accident as clearly as they used to. All of this can severely impact your claim.

When battling catastrophic injuries, two years may pass quickly. You may have to get surgeries or other procedures, and the weeks can race by. This puts you at risk of missing the statute of limitations. If you do, you typically won’t be able to receive compensation.

FAQs

What Are the Most Common Causes of Catastrophic Injuries?

Car, motorcycle, and truck accidents tend to be some of the main causes of catastrophic injuries. Falls can also result in severe injuries, as can workplace accidents.

How Long Will My Personal Injury Claim Take?

Each personal injury claim is unique, so there’s no set timeline that you can expect. Typically, the cases that involve very serious injuries or multiple liable parties take longer. Another factor that can influence the timeline is the evidence you have. If you have substantial and clear evidence, a fast settlement is more likely.

What Happens if a Loved One Dies After Suffering a Catastrophic Injury?

In those instances, you may be entitled to file a wrongful death claim. These are similar to personal injury claims except that the victim is no longer there to advocate for themselves.

Turn to Our Seasoned Personal Injury Lawyers Today

If you have suffered catastrophic injuries because of someone else’s negligent or wrongful conduct, you have options, and the skilled team at The Moore Law Firm can help you explore them. Our group of experienced and compassionate attorneys knows what it takes to protect injury victims in Cincinnati. Schedule a free consultation to discuss your case with us today.