Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Few people ever think about getting into an accident. Fewer believe involvement in a catastrophic event might change their lives forever. Unfortunately, such incidents do happen and, in certain instances, could be because of another entity’s negligence.
However, when this happens, impacted individuals might be eligible for compensation. That said, achieving these financial rewards may be made easier with the help of an Ohio catastrophic injury lawyer. A dedicated attorney can help you make sure you are making the right choices for your case.
A catastrophic injury is significant bodily harm that causes long-term, if not permanent pain and disability. Common types of these injuries include those that result in brain damage, burns, mobility issues such as paralysis or serious internal injuries that threaten someone’s health and well-being.
Claimants that were harmed in an incident that may have been another party’s fault might, with the help of an Ohio catastrophic injury lawyer, initiate a claim. Such legal actions can be taken against individuals or entities whose negligence caused their injuries.
The initial step a claimant must successfully take is to prove another party or parties were responsible for causing the injury-inducing incident. In Ohio, responsibility in injury claims is governed by the modified comparative fault theory.
However, this legal principle does establish certain limitations. According to Ohio Code 2315.33, a claimant is entitled to recoup damages if an adjudicating body finds that they are no greater than 50 percent at fault for causing the event or accident in question.
Should the claimant successfully complete prove the other party’s negligence, two other critical elements must also be proven. First, the injured person needs to illustrate that the injuries they sustained were directly attributable to an act of negligence or malfeasance. Additionally, the damages they seek to recoup must be a result of the harm sustained in the injury-producing event.
The specific claim an Ohio catastrophic injury lawyer could bring may depend upon several different factors such as the specific injuries or harm the injured party sustained, the severity of their injuries, and the facts surrounding the damage-causing incident.
Civil actions surrounding catastrophic injuries might be complex and time-consuming. However, a lawyer might be able to help by executing actions such as:
Each case might present a different set of circumstances. This makes it important to discuss the facts of a specific case with an attorney who can help determine what actions may be necessary.
Catastrophic injuries may result in significant medical expenses, as well as a temporary or permanent loss of a person’s ability to work. To compensate for such expenses, an adjudicating body may award associated damages for past and future health costs and lost and estimated future earnings. The person might also receive more emotionally-based compensation for losses such as pain and suffering.
A judge or jury might declare that certain catastrophic injuries may be caused by a deliberate act of malfeasance. In such cases, the party deemed responsible for executing those actions might also be required to pay the claimant punitive damages.
However, to recover compensation, it is important to file a claim within the set time limits. As mandated by Code 2305.10, a claimant is given two years from the date of an injury-producing incident to execute a civil action.
Catastrophic injury cases may be multi-faceted and present numerous challenges. That said, such actions might be necessary to help an injured party recover emotionally and financially from an event that might have produced life-altering consequences. An Ohio catastrophic injury lawyer may help make the road to recovery a bit smoother. Do not wait any longer, get in touch with a skilled attorney today.
Charles E. Boyk Law Offices, LLC