Catastrophic Injury Lawyer in Mentor, OH
HELPING INJURED CLIENTS GET FAIR COMPENSATION
When an accident results in life-altering injuries and leaves a victim permanently disabled, that person may be eligible to file a catastrophic injury claim. But how do catastrophic injury claims work, and how are they different from a standard personal injury claim? Frank will explain what Ohio laws say about catastrophic injuries and what you need to do to recover compensation. If you would like legal advice concerning your specific case, contact the Piscitelli Law Firm in Mentor, OH.
WHAT IS CONSIDERED A CATASTROPHIC INJURY IN OHIO?
When a person is hurt in an accident, the resulting injuries can range from minor bruises and sprains to serious injuries that can cause permanent disabilities and impact the victim’s life and future in many ways. When an injury causes significant physical damage, Ohio laws consider it a catastrophic injury.
In Ohio, a catastrophic injury is one that results in permanent physical deformity, loss of limbs, loss of the function of a bodily organ system, or any type of permanent injury that hinders a person’s ability to care for themselves independently and perform a number of life-sustaining activities.
WHAT ARE SOME EXAMPLES OF CATASTROPHIC INJURIES?
Catastrophic injuries can occur in a variety of situations, such as motor vehicle accidents, work accidents, falls, burn injuries, and even as a result of a willful act such as assault or another violent criminal action. For example, if a victim is severely injured after being hit by a drunk driver and having their limbs crushed in the collision with the drunk driver’s vehicle, that victim may have suffered a catastrophic injury if they end up losing the function of their legs or suffering an amputation.
If a victim suffers a work accident that leads to severe burns (second or third-degree burns), they may experience permanent disfigurement, nerve damage, and limited mobility. Other possible examples of catastrophic injuries include traumatic brain injuries, spinal cord injuries, loss of sight or hearing, and mental health issues such as PTSD resulting from the trauma of the accident and injuries.
HOW ARE CATASTROPHIC INJURY CLAIMS DIFFERENT FROM OTHER PERSONAL INJURY CLAIMS?
A catastrophic injury differs from a standard personal injury case in two ways – its effect on the victim’s life and the amount of damages a victim may be eligible to recover for it. A catastrophic injury is one that negatively impacts the victim’s long-term ability to work and live independently. A person who suffers a catastrophic injury may not ever reach a stage of full recovery and may never be able to regain the abilities they used to have before the accident took place. In contrast, someone who suffered a few cuts and broken bones in a regular personal injury claim will likely be able to recover and eventually resume their normal life routines.
Another important aspect that differentiates catastrophic injury cases from other cases is that Ohio laws impose no cap for non-economic damages resulting from a catastrophic injury. Recent changes in the laws have limited how much a personal injury plaintiff may receive. That means most cases are limited to a maximum of $250,000.00 in non-economic damages or three times the plaintiff’s total economic losses. However, the cap for non-economic damages does not apply to catastrophic injuries and wrongful death cases, allowing victims to recover maximum compensation for their damages.
WHAT DO YOU NEED TO PROVE IN A CATASTROPHIC INJURY CLAIM?
In a catastrophic injury claim, the stakes are higher as the total value of the claim is not limited by any caps established by law. That means the defendants in a catastrophic injury case may fight harder to convince the court to consider the case as a standard personal injury claim in order to limit their financial liability. This is when having the right legal representation can make all the difference.
Because a catastrophic injury claim is a civil case, it is up to the plaintiff to prove that their damages and injuries were a direct result of the defendant’s negligent or wrongful actions. That often means proving that the basic elements of negligence are applicable to their case. The plaintiff will need to prove that the defendant owed them a duty of care and that they breached their duty of care. The breach resulted in the plaintiff getting catastrophically injured and sustaining damages, and such damages are a direct result of the defendant’s breach of duty of care.
WHAT CAN A CATASTROPHIC INJURY ATTORNEY DO TO HELP?
When you are trying to put your life back together after suffering a catastrophic injury, the task of trying to build a case and deal with the hurdles of filing a catastrophic injury claim may prove to be more than you want to handle. By working with an experienced personal injury attorney, you can rest assured your case will be in the hands of a professional who knows the right steps to take to fight for maximum compensation on your behalf.
Your attorney can assist you by investigating the circumstances surrounding your accident and collecting evidence to pinpoint liability for your injuries and damages. Your attorney can also help you build your case to prove that you should receive compensation because your life has been forever altered because of the defendant’s negligent actions. The catastrophic injury lawyer Frank Piscitelli is here to help you fight back and stand up for your rights as a victim. Contact our office in Mentor, OH, at 216-931-7000 to request a free case analysis and learn more about how we can help you.
