Whether from a car crash, construction accident, motorcycle wreck, or otherwise, anytime a person is injured as a result of another person’s fault, the seriousness of that person’s injuries should not be minimized. However, for purposes of personal injury claims in Ohio, the law treats certain injuries different than others, which may affect the amount of compensation that person recovers in a settlement or jury award.
For purposes of how the law treats injuries different, Ohio Revised Code 2315.18 defines catastrophic injuries to include the following characteristics:
While some of the above categories may seem more understandable, defining “permanent and substantial physical deformity” can sometimes be difficult. However, below are common examples of injuries that qualify as catastrophic under Ohio law:
For injuries that do not meet the above categories, Ohio law places limitations (also known as “damage caps”) on how much a jury can compensate a plaintiff for his or her non-economic damages. Unlike economic losses, which typically include financial losses such as lost wages and medical expenses, non-economic damages typically include the following components: physical pain and suffering, anxiety, mental distress, loss of enjoyment of life, inability to perform ordinary activities, and physical impairment and permanency. Often times, non-economic damages are the ones that are most significant and meaningful to a person experiencing these losses.
Under Ohio Revised Code 2323.43, if the Plaintiff’s injuries do not meet the criteria set forth above (e.g. permanent and substantial physical deformity, loss of an organ, loss of a limb, etc.), juries can only compensate that individual for either $250,000.00 or three times the economic losses, whichever is greater. If you were injured and have questions as to whether the damages to your personal injury claims are capped, we would strongly encourage you to call and discuss your unique circumstances with an experienced Columbus catastrophic injury attorney.
Our law firm has an earned reputation for success and is experienced in handling catastrophic injury claims. Most experienced catastrophic injury attorneys in Columbus, Ohio will tell you that having a skilled attorney can be beneficial in many ways. As discussed above, establishing that an injury is catastrophic, and therefore should not have the damages caps apply, can be a difficult burden to meet. Not only is our law firm experienced and skilled in working these claims, but we also have earned a reputation for success over the years with our members being recognized as:
Our law firm can ensure that you are being fully compensated for your losses. Having a Columbus catastrophic injury lawyer can ensure that individual is being fully compensated for his or her losses. Often times, insurance companies can present arguments to try avoiding accountability for such losses. As such, major disputes can arise over whether an individual should receive compensation for a type of loss and the extent to which compensation should be given for the loss that person has experienced.
Our attorneys not only recognize the types of losses that should be compensated but know how to support the arguments necessary to achieve value for those losses. This includes working with treating physicians and medical experts to ensure that those with significant injuries can be compensated for all of their losses, including, but not limited to their future medical expenses, the permanency their injuries present, the significant limitations that those injuries impose of daily life, and other similar type losses.
Please call (614) 221-4035 to schedule a free, no-obligation consultation and to speak with Columbus catastrophic injury attorneys about your potential claims.