A catastrophic injury is an extremely serious injury that is defined as one that involves a brain injury, skull fracture, spinal injury or loss of a limb. Catastrophic injuries happen very suddenly without warning and cause intense changes in a person’s life.
These kinds of injuries typically have long-lasting serious consequences such as permanent disabilities. This can lead to a total or severe loss in income as well.
If you or a family member has suffered from a catastrophic injury you are already suffering emotionally and physically, by speaking with a Bowling Green catastrophic injury lawyer you can have the legal issues handled by a professional. While you are working on your health, a compassionate and capable personal injury lawyer could work to make sure you recover financially.
There are a few types of injuries that are more typical for catastrophic injuries, they include:
There is no specific law in Ohio regarding catastrophic injuries, instead, they are covered under the general theory of negligence law. To prove negligence, the injured party must show that the other company or person involved has met all four required elements of negligence.
What are the Elements Required in Order to Prove Negligence?
The first element is that the person owes a duty of care to them. Generally, people owe each other a duty of care to act as a rational person in the same or similar set of circumstances. The second element requires that the person breached or broke that duty of care. Usually, this is shown by proving that the person failed to act reasonably.
The third element is causation and has two parts to it. There must be actual and proximate cause. Actual cause means that the person is directly responsible for the victim’s injuries. Proximate cause means that it should have been foreseeable to the other person that their actions could cause harm. The other part of proximate cause is that there was no other unforeseeable event in between their injury and the person’s conduct. Lastly, there must be actual damages. For this scenario, it would be the catastrophic injuries an individual suffered and any additional damages such as loss of income. A Bowling Green catastrophic injury lawyer could help individuals pursue the damages that they deserve.
While Ohio does have limits on damages for other personal injuries when it comes to catastrophic injuries the state does not have a bar on how much an accident victim can recover.
The injured party should also be aware that the state does require them to bring any claims within two years of the injury or they may lose the chance to sue the individual or company that caused them harm.
After suffering a catastrophic injury your life may have been irreparably changed. You will most likely have to deal with ongoing medical care and physical therapy. With an uncertain path to the future, you can ease some of your fears by speaking to a Bowling Green catastrophic injury lawyer. Let your attorney fight for your rights and protect your financial future so you have one less thing to worry about.
Charles E. Boyk Law Offices, LLC