While any injury from an accident can interfere with day-to-day life, those considered to be “catastrophic” under state law are permanent and life-altering. Recovering comprehensive compensation for this kind of injury is not a matter of restoring someone to their pre-injury state. Rather, recovery for a catastrophic injury aims to ensure that the victim can live as comfortably as possible going forward.
A positive result for this kind of case can be hard to achieve and nearly impossible to do alone. Fortunately, there are those that dedicate their careers to fighting on behalf of the vulnerable victims of these situations. If you suffered permanent harm due to someone else’s negligent actions, contact a skilled personal injury attorney immediately. A hardworking Chardon catastrophic injury lawyer knows how to handle cases like these and could be crucial to preserving your future prospects.
What is a Catastrophic Injury?
Unlike many other states, Ohio law offers an explicit definition of what qualifies as a catastrophic injury. According to Ohio Revised Code §2315.18(B)(3), there is no cap on recovery for non-economic damages—those without an objective financial value—stemming from an accident that causes any of the following:
- Permanent paralysis or total loss of a limb
- Permanent loss of an internal organ
- Permanent loss of ability to “perform life-sustaining activities”
- Any substantial physical disability or disfigurement, such as scarring or loss of an ear or eye
A plaintiff seeking restitution for non-economic damages related to a non-catastrophic injury is limited to the greater of either $250,000 or three times the value of their economic damages, up to an absolute maximum of $350,000. As such, it is critical to emphasize during settlement negotiations or civil court proceedings for catastrophic accidents that the resulting injuries have permanently impeded the plaintiff’s ability to care for themselves. In matters as complex as catastrophic injury claims, an assertive attorney in Chardon could provide important assistance.
Potential Limitations on Financial Recovery
While there is no cap on overall damages for traumatic injuries, there are other legal roadblocks that could get in the way of comprehensive recovery. For example, O.R.C. §2315.33 allows a court to completely bar a plaintiff from recovery if they are found more at fault for causing their injuries than the defendant(s) named in their case. Furthermore, if a plaintiff’s degree of fault is less than the defendant’s but still greater than zero, the court can proportionately reduce the value of their final damage award. Additionally, O.R.C. §2305.10 sets a filing deadline of two years on most personal injury claims, including those for catastrophic injuries. This means that injured residents typically cannot wait for all the future effects of their condition to manifest before filing suit. Due to this, a victim of a catastrophic accident in Chardon should work with an experienced lawyer who could advise on the damages they could recover in the years to come.
Talk to a Chardon Catastrophic Injury Attorney Today
Life-changing injuries can leave someone dependent on the help of others just to get through each day. If you suffered an injury of this severity because someone else was negligent, you deserve to hold them financially accountable for damages you have already experienced and those you will have to deal with in the future.
The advice of a Chardon catastrophic injury lawyer at Tittle & Perlmuter could make a huge difference when it comes to effectively seeking compensation. Call today to learn more about catastrophic accident cases and what your options may be for pursuing civil litigation.
