What Qualifies as a Catastrophic Injury in Ohio?

When someone suffers a serious accident, the effects can last a lifetime. In the legal world, these types of permanent, life-changing injuries are often referred to as catastrophic injuries. But what does that term really mean in Ohio law, and how can it affect the outcome of your personal injury case?

At Casper & Casper, our team has spent decades helping clients and their families rebuild after devastating accidents. If you or a loved one is facing this situation, here’s what you should know.

What Is a Catastrophic Injury?

A catastrophic injury in Ohio has permanent and life-altering consequences. Some examples include:

• Amputation or loss of a limb
• Severe burns or disfigurement
• Paralysis from a spinal cord injury
• Traumatic brain injury resulting in permanent cognitive issues
• Loss of an organ system
• Any injury that prevents a person from caring for themselves independently

Under Ohio law, the definition of ‘catastrophic injury’ matters. Most personal injury cases have limits on pain and suffering damages, for example, the compensation you can receive for things like emotional distress and loss of quality of life.

How Catastrophic Injury Claims Stand Apart

In Ohio, if you’re hurt because of someone else’s negligence, you generally have the right to pursue compensation. However, according to ORC 2315.18, catastrophic injury claims differ from typical personal injury lawsuits in two important ways: the potential amount of compensation and how the damages are proven.

Non-Economic Damages in Catastrophic Injury Cases

In most personal injury lawsuits, damages fall into two main categories:

1. Economic damages – These cover the financial costs of an injury, such as hospital bills, rehabilitation, lost income, and other measurable expenses.
2. Non-economic damages – These address the more personal, non-financial impact of an injury, including physical pain, emotional distress, and loss of enjoyment of life.

In many cases in Ohio, non-economic damages are subject to legal limits (often called “caps”). But in catastrophic injury cases, those caps do not apply. That means juries can award compensation that better reflects the true scope of the harm suffered. In medical malpractice cases, catastrophic injuries do not remove the cap completely, but they do increase the maximum amount allowed for pain and suffering.

How Catastrophic Injury Affects a Personal Injury Case

Due to their high stakes, catastrophic injury claims can unfold quite differently from personal injury cases. Here are some examples of why:

• Victims may require lifelong medical attention, expensive equipment, modifications to their living space, or full-time live-in care. The compensation must account for these costs, meaning a much higher financial recovery is likely.
• With the potential of millions of dollars on the line, you can be sure that insurance companies will aggressively push back to minimize payouts.
• These cases typically involve expert witnesses—from medical and vocational care specialists to life-care planners—whose testimony can be critical in explaining the full impact of the injury on the victim’s life and future.
• Because damage caps do not apply, the victim has more leverage to pursue fair compensation rather than settle for less than they deserve.

Common Causes of Catastrophic Injuries

Catastrophic injuries are more common than you may think and can happen in a variety of circumstances. Here are some examples

• Motor vehicle accidents (car, motorcycle, and truck crashes)
• Workplace accidents, particularly in construction or industrial settings
• Defective products, such as unsafe machinery
• Medical malpractice, from surgical errors to birth injuries or misdiagnosis
• Serious falls

If another party’s negligence caused your injury, you could be entitled to significant compensation under Ohio law. Catastrophic injury claims are some of the most complex cases in personal injury law, which is why you need an Ohio personal injury attorney who has experience navigating these types of cases. You need a legal team that is capable of fighting against powerful insurance companies and corporations to ensure you receive fair compensation.

At Casper & Casper, we have decades of experience handling catastrophic injury cases across Ohio, with a proven track record in securing compensation for medical bills, pain and suffering, lost income, and lifelong care. Our dedicated team is capable of finding the experts you need to strengthen your case, and we are committed to a compassionate approach. Give us a call today for a free consultation and begin the first step toward recovery.