Learning that someone you love has suffered a serious, permanent injury changes everything; for them and those who love and care for them. If the injury was caused by someone else’s negligence, there may be a lot of anger and questions.
At the personal injury law firm of Ross, Midian & Breitmayer, LLC, in Columbus, our legal team understands what you are dealing with. Our injury lawyers have years of experience handling catastrophic injury claims for clients throughout Ohio. We will help you get the support you need, explain your options for obtaining compensation from those responsible. You don’t have to face this difficult time alone.
What is a Catastrophic Injury?
Not every injury rises to the level of what the law considers catastrophic. Ohio law does not specifically define catastrophic injury but generally refers to it for permanent and life-changing harm, like paralysis, loss of a limb, a severe brain injury, or a condition that leaves someone unable to care for themselves without help.
Many personal injuries, while genuinely difficult to live with, are handled through personal injury claims that follow a more predictable timeline toward resolution. Catastrophic claims are different, not because it makes one injury matter more than another, but because it changes how we build support around a client’s future.
Assessing Future Needs
With many injury claims, once someone finishes treatment and the medical bills are in, there is a clear picture of what the case may be worth. Catastrophic injuries rarely offer that kind of clarity so quickly. We often work alongside lifecare planners and medical consultants who help map out what an injury victim may need years, even decades, from now, ongoing therapy, home accessibility changes, future surgeries, and daily assistance. Our skilled lawyers take the time to get it right rather than rush toward a conclusion of the case with a financial amount that does not reflect what the victim and their family truly needs in the long run.
Does Ohio Cap Compensation for Injury Claims?
Ohio law generally places a cap on the amount a jury can award for pain and suffering in a typical personal injury claim. Plaintiffs can generally recover the greater of $250,000 or three times their out-of-pocket losses, including medical expenses and lost wages, up to a maximum of $350,000 per plaintiff, but under Ohio law there are some exceptions.
For families facing truly catastrophic harm, the cap generally does not apply. Ohio law removes that limit when someone experiences a permanent and substantial physical deformity, loss of use of a limb or bodily organ system, or a permanent injury that prevents independent self-care and life-sustaining activities
Filing Deadlines for Catastrophic Injury Lawsuits
In most Ohio personal injury cases, someone generally has two years from the date of injury to file a case in court. That timeline does not stretch just because an injury is more serious. What does change is how much preparation a catastrophic case needs within that window. Medical prognosis reports, life care plans, and expert evaluations all take time to develop properly.
While we understand that victims and their loved ones are reeling from a horrific loss, we gently encourage families to contact an attorney as soon as they are able, even while medical treatment is still ongoing. This helps preserve evidence and gives whomever you hire time to build the case around real needs.
You Do Not Have to Go Through This Alone
Catastrophic injury cases often involve many moving parts such as multiple insurance policies, medical liens, and sometimes several parties who may share responsibility. Let us help you through the paperwork and court processes, so you can concentrate on recovery. For nearly 20 years, our lawyers have worked tirelessly to obtain justice and fair compensation for those who are dealing with the aftermath of devastating accidents and injuries.
If your family is facing a serious, life-changing injury, contact Ross, Midian & Breitmayer, LLC, when you are ready to talk. It costs you nothing to meet with an experienced and compassionate attorney. All injury claims are handled on a contingency basis, which means you pay no lawyer fees unless you get compensation for your losses. Reaching out early often gives us the best chance to protect your future. Call today.