Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
The definition of a catastrophic injury is an injury that occurs without warning and changes your entire life drastically. If you have suffered a catastrophic injury, your life is probably upended and out of order.
You and your family may be concerned about your physical and emotional state and how to recover. At the same time, you may be increasingly worried about your financial future. As is often the case with catastrophic injuries, you may be unable to return to work.
However, these financial concerns and possibly your medical concerns can be alleviated through the assistance of a Swanton catastrophic injury lawyer. With the help of your compassionate and capable attorney, you can fight to recover for your losses.
Catastrophic injuries are a very serious category of injuries and typically include injuries such as:
The law does not have a separate law specifically for catastrophic injuries. Instead, Ohio courts follow the overall rule of negligence. In order for a Swanton catastrophic injury lawyer to prove that the other person or company was negligent, they have to show the four required elements of negligence.
The first element is that the person accused of negligence owed the injured party a duty of care. The most basic duty that people owe to one another is the duty to act as a rational person would, under the same or comparable conditions.
Next, the attorney must prove that the person breached, or broke, this duty of care. In most cases, breach is shown by proving that the person failed to act as a reasonable person in that situation would have acted.
There are two parts to the third element of causation. It means that it would be predictable that acting in a certain way would cause injury to the type of person that was harmed. Furthermore, it means that there was no unforeseeable intervening cause in between the injury and the act that caused it.
The last element requires that the person suing suffered actual losses. With a catastrophic injury, physical injury will the main loss. One can also include emotional and financial losses that have happened because of the incident.
A statute of limitations for an action is put in place to make sure that people bring their cases to court sooner rather than later. The main benefit of doing so is that people can move forward with their lives. Furthermore, it prevents the events from being clouded by the passing of a long amount of time.
In Ohio, an injured party has two years from the date of the injury to bring a case to court. However, it is not recommended that a person wait a full two years before starting a legal proceeding. If one is not careful, one may miss a deadline that can cause them to lose your case before it even begins.
In some cases, people hesitate to litigate their injuries. This can be due to not wanting to spend that much time, money, or emotional resources on one aspect of your life. In these situations, people may want their catastrophic injury attorney to settle on their behalf.
In other cases, a person may find it empowering to tell their story in court and in front of a jury. There may also greater compensation when going to court. Either way, it is a choice you can make with the help of your lawyer. A Swanton catastrophic injury lawyer could guide you through the legal process.
Charles E. Boyk Law Offices, LLC