Catastrophic Injuries In Ohio: What You Need To Know?
Serious accidents can lead to life altering consequences. When the injuries sustained cause major impact on the victim’s physical or mental health, they fall under the category of catastrophic injuries. Under Ohio Revised Code 2315.18, the following types of injuries fall under the category of catastrophic injuries:
- Loss of use of limb
- Loss of use of a bodily organ system
- Permanent and substantial physical deformity
- Permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life-sustaining activities.
Common Types of Catastrophic Injuries
Some common examples of injuries that are life changing include:
- Serious burn injuries
- Complete or partial paralysis
- Traumatic brain damage
- spinal cord damage
- Loss of eye vision
- Significant scarring
- Wrongful death
How Are Catastrophic Injuries Different Under Ohio Law?
In a personal injury claim, two types of damages are awarded to the victim. These include economic and non-economic damages. Economic damages typically include compensation for monetary or financial losses such as medical bills, property damage, and lost wages. Non-economic damages may include compensation for physical pain and suffering, loss of enjoyment, loss of companionship, anxiety, depression, mental distress, and inability to perform ordinary activities.
As a general rule, the laws in Ohio limit the maximum amount of non-economic damages that the jury can award to the claimant. Under Ohio Revised Code 2323.43, if the injuries sustained by the victim do not qualify as catastrophic injuries, then the maximum compensation that person can get is capped at either $250,000.00 or three times the economic losses, whichever is greater.
However, if the injuries fall under the definition of catastrophic injuries, these restrictions do not apply and the jury can decide the compensation to be awarded.
Calculating Damages In A Catastrophic Injury Claim Is Complicated
Calculating economic damages in a catastrophic injury claim is complicated as many factors need to be considered. Proving the long-term impact of injuries on one’s health and life, estimating future medical costs, and calculating one’s diminished earning capacity requires thorough investigation and analysis.
It is even more difficult to put a price on the non-economic damages suffered by the victim. Therefore, proving and handling catastrophic injury claims is a complicated task.
Experienced Ohio Catastrophic Injury Lawyers
At LaMonica Coleman & Martello, our experienced Ohio catastrophic injury lawyers know how to evaluate, investigate, and establish catastrophic injuries in a personal injury claim. Our team can successfully help you with getting the rightful compensation you deserve for the serious injuries sustained due to someone else’s fault. Contact us today for a free, no-obligations consultation regarding your case.