What Defines A Catastrophic Injury?

Doctor reviewing MRI (Xray) Brain Scans. Visual concept for a personal injury blog discussing a catastrophic injury.

The term “catastrophic injury” is used to describe a severe, life-altering injury that causes permanent physical, emotional, mental, or financial harm. While the specific term “catastrophic injury” does not appear in Ohio statutes, it is used to distinguish severe, life-changing injuries from less severe ones.

Unlike other personal injury claims, catastrophic injury cases often involve higher measures of damages, including compensation for future medical care, in-home assistance, mobility accommodations, lost earning capacity, and significant non-economic damages for pain, suffering, and loss of quality of life.

If a loved one was involved in an accident that caused catastrophic injuries, the personal injury attorneys at Robenalt Law can help. With decades of experience representing injured people and their families throughout Ohio and nationwide, we can provide expert legal advice and guidance to protect your rights and fight to obtain the compensation you deserve to help your family move forward after a catastrophic accident.

What Does “Catastrophic Injury” Mean?

Catastrophic injuries are the most severe types of injuries a person can suffer, short of an accident or injury that causes death. Catastrophic injuries permanently disrupt a person’s life, causing permanent physical, emotional, mental, or financial harm.

Legal claims for catastrophic injuries are different from other types of injury claims because of the severe level of loss, such as a loss of mobility or cognitive function, loss of a limb, or other long-term physical or cognitive disabilities that prevent a person from returning to work or that will require long-term, ongoing medical care.

While Ohio law does not explicitly define the term “catastrophic injuries,” courts generally recognize them as injuries that result in permanent disability, disfigurement, or a permanent loss of a person’s ability to work or live independently.

What Are Examples of Catastrophic Injuries?

Examples of catastrophic injuries include:

  • Spinal cord damage that causes the loss of the ability to walk
  • Traumatic brain injuries that affect speech, memory, personality, cognition, or motor skills
  • Amputation or loss of a limb
  • Severe burns that cover large portions of the body or result in permanent scarring or nerve damage
  • Organ damage or loss of bodily function
  • Loss of vision or hearing

What Are Common Causes of Catastrophic Injuries?

The following types of accidents are more likely to cause catastrophic, life-changing injuries:

  • Motor vehicle accidents, including car accidents, truck accidents, motorcycle accidents, and pedestrian accidents, particularly when they occur at high speeds or in situations where the victim is comparatively unprotected and more vulnerable to injuries caused by a sudden and severe impact.
  • Industrial accidents like being struck by heavy equipment or machinery or being injured by exposure to toxic chemicals, explosions, or fires.
  • Construction accidents, such as a crane falling, scaffolding or a trench collapsing, electrocution from exposed wires or power lines, or being struck by heavy objects falling or equipment malfunction.
  • Medical malpractice, such as a surgical team operating on the wrong patient or body part or leaving medical equipment inside a patient’s body, or a medical error that results in brain damage, paralysis, organ failure, birth injury, or another permanent injury or disability.
  • Recreational or sports accidents, like a swimming or diving accident that results in paralysis, an ATV accident, or a high-impact collision that causes traumatic brain injury.
  • Dangerous properties that cause injuries due to unsafe conditions or structure collapse.

How Are Legal Claims for Catastrophic Injury Cases Different?

Because the consequences of a catastrophic injury are so severe and life-changing, legal claims for catastrophic injuries are treated differently from other personal injury claims. Catastrophic injury claims often involve:

  • Higher compensation thresholds that extend beyond compensation for medical bills and may include compensation for future medical treatment, in-home care, mobility aids, and renovations to make the home accessible.
  • Loss of earning capacity that includes compensation for current lost wages as well as future income that cannot be earned because of a career-ending injury.
  • Non-economic damages that include pain and suffering, loss of enjoyment of life, and emotional distress, all of which can be more substantial in catastrophic injury cases.

Contact Robenalt Law Today

Robenalt Law has offices in Cleveland and Columbus, and handles catastrophic injury claims throughout Ohio and nationwide. Call our Cleveland office at (216) 223-7535 or our Columbus office at (614) 695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.

Categories: Catastrophic Injury