Sustaining a catastrophic injury can mean facing burdensome medical expenses, months of lost wages, and untold pain and suffering. If the injury occurred because of another party’s misconduct, Ohio law gives you the right to file a claim against them to recover your various losses.
Filing a personal injury claim allows you to demand both economic and non-economic damages. But what exactly do these damages cover? Learn more about the types of compensation you stand to obtain by pursuing a personal injury claim.
Medical Bills
Catastrophic injuries typically require extensive medical care. You may need an ambulance to take you to the hospital, which is already costly on its own. You might then have to undergo a battery of tests, diagnostic testing, surgery, or other invasive treatments. Long hospital stays can translate to astronomically large bills.
Some injuries may require you to receive rehabilitative therapy, which will add to your overall expenses. Medications, including painkillers, further drive up the costs of the injury. Economic damages are intended to cover all of these costs and more.
Future Medical Expenses
A catastrophic injury may never fully heal. For example, if you sustain a spinal cord injury, you could need ongoing medical and rehabilitative care for the rest of your life.
By relying on your doctor’s medical notes and the treatments they recommend, a knowledgeable attorney can project costs you’re likely to face in the future. Your settlement or jury award will need to address these.
It’s possible that you could require nursing care. If you’ve suffered a disabling injury like paralysis, your economic damages should also include these other costs. The same is true if your future medical expenses include the purchase of assistive devices to accommodate a disability that occurred because of the accident.
Lost Income
Catastrophic injuries will necessitate that you take time off from work to heal. That means missing out on hourly wages, salaries, bonuses, commissions, or benefits. Some people end up having to use vacation and sick days as they recover.
All of this is income you would have made if the accident hadn’t happened. As such, it should be included in the damages you receive as part of your claim.
In instances when an injury keeps you from working at full capacity or at all, you can seek compensation for loss of earning potential. Your catastrophic injury attorney will assess your career trajectory and estimate how many years you likely would have worked had you not been hurt. This will enable them to come up with a fair sum.
Home and Vehicle Modification
Certain injuries may leave you unable to walk or move around freely. To overcome this challenge, you may need to add ramps and stairlifts to your home. You may also have to make numerous other modifications to your home or vehicle to maintain as much of your independence as possible.
These additions and alterations can come at a high price. Economic damages can help offset the expense.
Pain and Suffering
Experiencing a catastrophic injury doesn’t just result in quantifiable financial losses. It can also cause physical and emotional distress that’s subjective in nature.
Pain and suffering damages address the emotional hardship you’ve experienced because of your injuries. They can also compensate you for your loss of enjoyment of life if you can’t live as you used to.
These impacts are more difficult to put a precise number on. When negotiating with the liable party’s insurer, your lawyer will look at the severity of your injuries, how long it will take for you to recover, whether you’re expected to recover fully, and how your condition has affected your life.
To calculate a fair settlement value, your attorney may use a technique like the multiplier method. They’ll come up with a number based on the severity of the injuries and multiply your financial losses by that number to arrive at a fair award for your pain and suffering.
Loss of Companionship and Support
Loss of consortium damages are meant to address the loss of companionship, support, and intimacy that may be suffered when someone dies of or is severely incapacitated by a catastrophic injury. This can apply to the victim themselves, their spouse, and other family members who are deprived of their presence, guidance, and contributions.
Wrongful Death Damages
In cases where a catastrophic injury results in a loved one’s death, you can file a wrongful death claim. By doing so, you stand to receive compensation for funeral and burial expenses, as well as the financial support you’ll no longer receive.
Additionally, your emotional suffering is compensable in such a claim, as are the medical bills your loved one incurred before dying.
FAQ
Is There a Time Limit for Catastrophic Injury Claims in Ohio?
Yes. In Ohio, the statute of limitations is two years from the date of the injury. Certain exceptions can affect this timeline, however, so make it a point to speak with an attorney as soon as possible after your accident.
Will My Catastrophic Injury Claim Go to Court?
Probably not. Your lawyer will work diligently to obtain a fair settlement via negotiation. If that’s not possible, though, they may need to present your claim at trial.
How Much Does It Cost to Hire a Catastrophic Injury Attorney?
You won’t pay anything up front to work with an attorney. Most personal injury attorneys work on a contingency basis, meaning they’ll claim a percentage of your final winnings as their fee.
Start Your Claim With Help From The Moore Law Firm
If you or a loved one has sustained a catastrophic injury because of another party’s negligence, filing a legal claim could help you obtain critical compensation.
The Ohio catastrophic injury attorneys at The Moore Law Firm are dedicated to helping injury victims throughout the state recover their losses and reclaim their lives. Contact us today to set up a no-cost consultation.
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.