Common Catastrophic Injury Questions
Catastrophic injuries are some of the most severe injuries imaginable. If you have suffered a serious injury, you likely have questions that need to be addressed. Here are answers to some of the most frequently asked questions our clients have.
What Is a Catastrophic Injury?
A catastrophic injury is a severe injury that results in long-term or permanent disability, major medical complications, or significant changes to a person’s quality of life.
What Are Examples of Catastrophic Injuries?
Traumatic brain injuries (TBIs), spinal cord injuries, severe burns, amputations, paralysis, and multiple fractures are all examples of catastrophic injuries.
What Should I Do After an Accident That Causes a Catastrophic Injury?
Get medical treatment immediately at a facility equipped with trauma care, such as UH Cleveland Medical Center or MetroHealth Medical Center, and follow all recommended instructions exactly.
If possible, gather witness information. You should also document expenses and the impact your injuries have had on your daily life. Do not speak to insurance companies or accept a settlement offer without first consulting an attorney.
How Are Catastrophic Injury Claims Different From Other Injury Cases?
Catastrophic injury claims often involve larger compensation amounts, long-term medical treatment needs, and permanent disabilities that affect a victim’s ability to work and live independently.
What Accidents Commonly Cause Catastrophic Injuries?
Car accidents, commercial truck accidents, motorcycle crashes, workplace accidents, construction accidents, birth injuries, and defective products are all common causes of catastrophic injuries.
What Compensation May Be Available in a Catastrophic Injury Case?
Victims of catastrophic injuries may be entitled to compensation for medical expenses, rehabilitation costs, lost wages, reduced earning capacity, pain and suffering, long-term care costs, and home or vehicle modifications.
Can I Recover Compensation for Future Medical Treatment?
Yes. Many catastrophic injury claims include projected future medical expenses, rehabilitation costs, and ongoing care needs.
What If I Cannot Return to Work After My Injury?
Catastrophic injuries often affect a person’s ability to return to their previous job or maintain employment. Compensation may account for reduced earning capacity and future lost income.
What Evidence Is Important in a Catastrophic Injury Case?
Medical records, imaging results, expert testimony, accident reports, employment records, and rehabilitation evaluations can all help support a catastrophic injury claim.
What If I Was Partially Responsible for the Accident?
Ohio follows a modified comparative negligence rule. You may still recover compensation if you were 50% or less responsible for the accident, though your compensation may be reduced accordingly. For example, if you are found to be 20% at fault for your accident, compensation could be reduced by 20%.
Why Are Catastrophic Injury Claims So Complicated?
These cases can be complex because they often involve disputed liability, extensive injuries that can be difficult to prove (especially when TBIs are involved), future medical projections, and insurance companies attempting to minimize long-term care costs.
What Does the Legal Process Look Like in a Catastrophic Injury Case?
The legal process begins with an investigation into the accident and the collection of medical records, witness statements, and other evidence. Attorneys may also work with medical specialists, life-care planners, and financial experts to evaluate the long-term impact of the injury.
Some catastrophic injury claims settle through negotiations with insurance companies, while others may require litigation if liability or damages are disputed.
Will Insurance Fully Cover a Catastrophic Injury?
Serious injuries frequently result in expenses that exceed available insurance coverage, especially when lifelong care or permanent disabilities are involved. For that reason, it is important to have legal representation to help secure compensation that can potentially cover you for the rest of your life.
Can Catastrophic Injuries Happen at Work?
Yes. Some catastrophic injuries occur in workplace accidents involving falls, machinery, vehicles, or hazardous conditions. Injured workers may qualify for workers’ compensation benefits and, in some cases, additional third-party claims. More information and support resources are available through the Ohio Bureau of Workers’ Compensation.
How Long Do I Have to File a Catastrophic Injury Claim?
In Ohio, the statute of limitations for filing personal injury claims is generally two years from the date of the accident, depending on the type of case and the circumstances. Speaking with an attorney as soon as possible can help preserve evidence and build a strong case.
Can Family Members Recover Compensation After a Catastrophic Injury?
In some cases, family members may recover damages related to caregiving responsibilities, loss of support, or wrongful death following a fatal injury.
Do I Need a Lawyer for a Catastrophic Injury Claim?
Catastrophic injury claims typically involve significant financial stakes and complicated medical evidence. An attorney can help investigate the accident, review data, interview experts, and communicate with insurance companies.
How Much Does It Cost to Hire a Catastrophic Injury Lawyer?
Nurenberg, Paris, Heller & McCarthy offers a No Fee Guarantee®, meaning you pay nothing unless we recover compensation for you. There is never a risk in reaching out for a free case review. Contact us now.
