If you have undergone a catastrophic injury, you may have lost a great deal and probably will be facing lifelong changes. A catastrophic injury is defined as one that happens suddenly without any notice and causes a severe change in your entire life. Catastrophic injuries can cause lifelong disabilities that require medical care for the rest of your life. These kinds of injuries not only cause physical issues but emotional and financial problems as well. If you or a loved one have suffered a serious injury, contact a Findlay catastrophic injury lawyer today.
An experienced injury lawyer can help you understand the law in Ohio and how it applies to your situation.
Typical Catastrophic Injuries
Some of the most common types of catastrophic injuries are:
- Partial or full paralysis
- Loss sight or hearing
- Severe burns
- Traumatic brain injuries
- Loss of a limb
- Facial injury
Ohio Statute of Limitations for a Catastrophic Injury
A statute of limitations sets the time that an injured individual has to bring their case to court. The law is designed so that a person does not bring a claim decades after the incident.
When it comes to catastrophic injuries, an injured individual has two years from the date of the incident to start a lawsuit.
If the deadline passes, the injured individual may lose the right to ever take the person or company that caused their injuries to court. It is important to contact a Findlay catastrophic injury lawyer as soon as possible.
Ohio Catastrophic Injury Law
Catastrophic injuries are covered under the general theory of negligence law. Under negligence, a Findlay catastrophic injury lawyer must show that the other side has committed all four required elements of negligence. These elements are:
- Owed a duty of care
- Breached that duty of care
Generally, individuals owe other people a duty to act as a reasonable person would within a similar set of circumstances.
The next element is that this duty has been breached. For a duty of care to be breached, a person fails to act reasonably as others would. Causation has two distinct aspects to it – actual causation and proximate causation. Actual cause means that the accident would not have happened except for the other person’s negligent act. Proximate causation is mainly about foreseeability. This means that there was no unforeseeable, intervening cause between the negligent conduct and the injury. It also means that it was foreseeable that this type of act would cause this sort of injury to the person it happened to.
The fourth or final aspect of negligence is that there have to be actual damages.
Usually, for a catastrophic injury, this would include the physical, emotional, and financial damages suffered because of the accident.
How a Findlay Catastrophic Injury Attorney Can Help
If you or a family member has suffered an injury, you should meet with a Findlay catastrophic injury lawyer as soon as you can in order to find out what legal options you have to try to recover your losses.
Additionally, you can be provided with valuable options on how you would prefer to proceed. If you want, you can go to trial and fight for your rights in court. Otherwise, you can negotiate with the other side and reach an agreement.
In some cases, the other person may have insurance which can cover a settlement (for example, if the catastrophic injury occurred due to a car accident). Ultimately, it is a decision that is left up to you, but speaking to a Findlay catastrophic injury lawyer can make your decision a better informed one.