A catastrophic injury can shatter a life in an instant. One moment, you are living your life, and the next, you are facing a future of permanent disability, chronic pain, and overwhelming medical bills. If you or a loved one has suffered a life-altering injury due to someone else’s negligence, you may be entitled to file a catastrophic personal injury claim in Ohio. This comprehensive legal guide will walk you through every step of the process, from understanding your rights to securing the compensation you deserve. At Pencheff & Fraley, we have dedicated our careers to fighting for the rights of injury victims, and we are here to provide the expert guidance and aggressive representation you need during this difficult time.

What Is a Catastrophic Personal Injury Claim in Ohio?

A catastrophic personal injury claim is a legal action taken to recover compensation for a severe injury that results in long-term or permanent disability, disfigurement, or loss of bodily function. Unlike a standard personal injury claim, a catastrophic injury claim involves damages of a much greater magnitude, reflecting the profound and lasting impact on the victim’s life. Importantly, the legal distinction is crucial because it can significantly affect the amount of compensation you are eligible to receive.

Under Ohio law, a catastrophic injury is specifically defined in the Ohio Revised Code (ORC) 2315.18(B)(3). According to the statute, a catastrophic injury is one that involves:

Permanent and substantial physical deformity
Loss of use of a limb
Loss of a bodily organ system
Permanent physical functional injury that prevents the injured person from being able to care for themselves and perform life-sustaining activities

This legal definition is critical because it determines whether your claim is subject to Ohio’s caps on non-economic damages. For most personal injury cases, there is a limit to the amount of compensation you can receive for pain and suffering. However, for catastrophic injuries, these caps are removed, allowing a jury to award an amount that truly reflects the severity of your losses.

Types of Catastrophic Injuries Recognized Under Ohio Law

Many types of injuries can be classified as catastrophic, and each comes with its own unique set of challenges and long-term consequences. Understanding the nature of your injury is the first step in building a strong claim.

Spinal Cord Injuries and Paralysis

A spinal cord injury can disrupt communication between the brain and the body, leading to partial or complete paralysis. The level of paralysis depends on the location and severity of the injury. Notably, paraplegia (paralysis of the lower body) and quadriplegia (paralysis of the entire body from the neck down) are two of the most devastating outcomes of a spinal cord injury. Victims often require a lifetime of medical care, including mobility aids, home modifications, and personal assistance.

Traumatic Brain Injuries (TBI)

A traumatic brain injury occurs when a sudden blow or jolt to the head damages the brain. TBIs can range from mild concussions to severe injuries that result in permanent cognitive or physical disabilities. Furthermore, the long-term effects of a TBI can include memory loss, personality changes, difficulty with motor skills, and an inability to work or live independently.

Amputations and Loss of Limb

The traumatic loss of a limb is a life-altering event that requires extensive physical and emotional recovery. Consequently, amputees face a long road of rehabilitation, including learning to use a prosthetic limb and adapting to a new way of life. Additionally, the financial cost of an amputation can be staggering, with prosthetic devices often costing tens of thousands of dollars and requiring replacement every few years.

Severe Burns and Permanent Disfigurement

Severe burns can cause excruciating pain, permanent scarring, and a high risk of infection. Victims of severe burns often require multiple surgeries, including skin grafts, and may be left with permanent disfigurement that affects their self-esteem and quality of life. Moreover, the emotional trauma of a burn injury can be just as debilitating as the physical pain.

Organ Damage and System Failure

Blunt force trauma or penetrating injuries can cause severe damage to internal organs, leading to organ failure and other life-threatening complications. As a result, victims of organ damage may require a lifetime of medical treatment, including medication, dialysis, or an organ transplant.

Permanent Functional Injuries

This category includes any injury that permanently prevents a person from being able to care for themselves and perform life-sustaining activities. Such injuries can include those that result in a permanent vegetative state, a loss of cognitive function, or a complete inability to perform daily tasks without assistance.

Injury Type	Description	Long-Term Impact
Spinal Cord Injury	Damage to the spinal cord leading to paralysis.	Loss of mobility, chronic pain, lifelong medical care.
Traumatic Brain Injury	Brain damage from a blow to the head.	Cognitive impairment, memory loss, personality changes.
Amputation	Traumatic loss of a limb.	Physical disability, phantom limb pain, prosthetic costs.
Severe Burns	Deep tissue damage from heat, chemicals, or electricity.	Permanent scarring, chronic pain, risk of infection.
Organ Damage	Injury to internal organs leading to system failure.	Lifelong medical treatment, medication, potential transplants.

Common Causes of Catastrophic Personal Injury Claim in Ohio

Catastrophic injuries can result from a wide range of accidents, but some causes are more common than others. Identifying the cause of your injury is essential for determining who is at fault and holding them accountable for their negligence.

Motor Vehicle Accidents

Car, truck, and motorcycle accidents are a leading cause of catastrophic injuries in Ohio. The high speeds and forces involved in a collision can easily lead to spinal cord injuries, traumatic brain injuries, and other severe trauma. In particular, distracted driving, drunk driving, and reckless behavior are common factors in these accidents.

Workplace Accidents and Industrial Injuries

Construction sites, factories, and other industrial settings can be dangerous environments. Falls from heights, machinery accidents, and exposure to hazardous materials can all result in catastrophic injuries. Importantly, employers have a duty to provide a safe work environment, and when they fail to do so, they can be held liable for any resulting injuries.

Medical Malpractice and Surgical Errors

When a doctor, surgeon, or other healthcare professional makes a mistake, the consequences can be devastating. Surgical errors, birth injuries, and misdiagnoses can all lead to catastrophic injuries that leave patients with a lifetime of health problems. Although proving medical malpractice can be complex, an experienced attorney can help you navigate the process.

Premises Liability and Slip-and-Fall Accidents

Property owners have a legal obligation to keep their premises safe for visitors. When they fail to maintain their property and a slip-and-fall accident occurs, they can be held responsible for any resulting injuries. While many slip-and-fall accidents result in minor injuries, a fall from a significant height or onto a hard surface can easily cause a catastrophic injury.

Defective Products and Equipment

When a product is defectively designed or manufactured, it can cause serious harm to consumers. Defective auto parts, dangerous drugs, and faulty medical devices are just a few examples of products that can lead to catastrophic injuries. In these cases, the manufacturer, distributor, and retailer can all be held liable for the harm caused by their product.

What Compensation Can You Recover in a Catastrophic Injury Claim?

The goal of a catastrophic injury claim is to recover compensation for all of your losses, both economic and non-economic. Because these injuries have such a profound impact on a victim’s life, the amount of compensation can be substantial.

Economic Damages: Calculating Financial Losses

Economic damages are intended to compensate you for all of the financial losses you have incurred as a result of your injury. Specifically, this includes:

Medical Expenses: All of your past, present, and future medical bills, including hospital stays, surgeries, medication, and rehabilitation.
Lost Wages: Any income you have lost as a result of being unable to work.
Loss of Earning Capacity: If your injury prevents you from returning to your previous job or working at all, you can recover compensation for the income you would have earned over the course of your lifetime.
Future Care Costs: The cost of any long-term care you may need, including in-home nursing care, assistive devices, and home modifications.

Non-Economic Damages: Pain and Suffering

Non-economic damages are intended to compensate you for the physical and emotional pain and suffering you have endured as a result of your injury. These damages can include:

Pain and Suffering: The physical pain and discomfort caused by your injury.
Emotional Distress: The anxiety, depression, and other emotional trauma caused by your injury.
Loss of Enjoyment of Life: The inability to participate in activities you once enjoyed.
Loss of Consortium: The loss of companionship and support of a loved one.

Why Catastrophic Injuries Escape Ohio’s Damage Caps

As mentioned earlier, Ohio has caps on the amount of non-economic damages that can be awarded in most personal injury cases. However, these caps do not apply to catastrophic injuries. This is because the law recognizes that the pain and suffering associated with a catastrophic injury is so severe that it cannot be adequately compensated by a limited amount of money.

Damage Category	Examples	Typical Amounts
Economic Damages	Medical bills, lost wages, future care costs.	Can range from hundreds of thousands to millions of dollars.
Non-Economic Damages	Pain and suffering, emotional distress, loss of enjoyment of life.	No cap for catastrophic injuries; can be substantial.

Understanding Ohio Laws for Catastrophic Personal Injury Claims

Navigating the legal system can be challenging, especially when you are dealing with a catastrophic injury. Therefore, it is important to have a basic understanding of the Ohio laws that will govern your claim.

Ohio’s Two-Year Statute of Limitations

In Ohio, you have two years from the date of your injury to file a personal injury lawsuit under ORC 2305.10. If you fail to file your claim within this two-year window, you will lose your right to recover compensation. Notably, there are some exceptions to this rule, such as the discovery rule, which allows you to file a claim within two years of discovering your injury, even if it was more than two years after the accident. However, it is always best to act quickly to preserve your legal rights.

Comparative Negligence Rules in Ohio

In some cases, the injured person may be partially at fault for the accident. Ohio follows a modified comparative negligence rule under ORC 2315.33, which means that you can still recover compensation as long as you are not more than 50% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%.

Damage Caps and Catastrophic Injury Exceptions

As discussed earlier, Ohio has caps on non-economic damages in most personal injury cases. The cap is the greater of $250,000 or three times the amount of economic damages, with a maximum of $350,000 per plaintiff. Nevertheless, these caps do not apply to catastrophic injuries, as defined by ORC 2315.18. This is a critical distinction that can make a significant difference in the amount of compensation you receive.

Step-by-Step Process for Filing a Catastrophic Personal Injury Claim in Ohio

Filing a catastrophic injury claim can be a complex and lengthy process. Here is a step-by-step guide to what you can expect:

Seek Immediate Medical Attention: Your health and well-being are the top priority. Therefore, seek immediate medical attention for your injuries and follow all of your doctor’s recommendations.
Document Everything: Keep detailed records of your medical treatment, expenses, and any communication with insurance companies. Additionally, take photos of your injuries and the accident scene, if possible.
Contact an Experienced Attorney: A catastrophic injury claim is not something you should handle on your own. Instead, an experienced attorney can help you navigate the legal process and fight for the compensation you deserve.
Investigate the Accident: Your attorney will conduct a thorough investigation of the accident to determine who is at fault and gather evidence to support your claim.
File a Claim: Subsequently, your attorney will file a claim with the at-fault party’s insurance company and handle all communication on your behalf.
Negotiate a Settlement: In many cases, a catastrophic injury claim can be settled out of court. During this phase, your attorney will negotiate with the insurance company to reach a fair settlement that covers all of your losses.
File a Lawsuit: If a fair settlement cannot be reached, your attorney will file a lawsuit and prepare your case for trial.

Proving Your Catastrophic Personal Injury Claim in Ohio

To win a catastrophic injury claim, you must be able to prove that the other party was negligent and that their negligence caused your injuries. This involves four key elements:

Duty: First, you must show that the other party owed you a duty of care. For example, all drivers have a duty to operate their vehicles in a safe manner.
Breach: Second, you must show that the other party breached their duty of care. For instance, a driver who is texting while driving has breached their duty to drive safely.
Causation: Third, you must show that the other party’s breach of duty was the direct cause of your injuries.
Damages: Finally, you must show that you have suffered damages as a result of your injuries, such as medical expenses, lost wages, and pain and suffering.

Proving these four elements can be challenging, but an experienced attorney will know how to gather the evidence needed to build a strong case. This may include accident reports, medical records, witness testimony, and expert opinions.

Identifying All Liable Parties in Your Catastrophic Injury Case

In some cases, there may be more than one party who is at fault for your injuries. For example, in a truck accident, the truck driver, the trucking company, and the manufacturer of a defective truck part could all be held liable. Consequently, it is important to identify all of the liable parties to maximize your chances of recovering full compensation. An experienced attorney will know how to investigate the accident and identify all of the potential defendants.

Why You Need an Experienced Catastrophic Personal Injury Claim in Ohio

A catastrophic injury claim is not something you should handle on your own. The legal system is complex, and insurance companies have teams of lawyers who will do everything they can to minimize their payout. Fortunately, an experienced catastrophic injury attorney can level the playing field and fight for the compensation you deserve. They will handle all of the legal work, so you can focus on your recovery.

Pencheff & Fraley: Ohio’s Trusted Catastrophic Injury Lawyers

At Pencheff & Fraley, we have been fighting for the rights of injury victims in Ohio for decades. We have a proven track record of success in handling catastrophic injury claims, and we are not afraid to take on the big insurance companies. Furthermore, we understand the physical, emotional, and financial toll that a catastrophic injury can take on a victim and their family, and we are here to provide the compassionate and aggressive representation you need. We work on a contingency fee basis, which means that you don’t pay us anything unless we win your case.

Frequently A

Catastrophic Personal Injury Claim Ohio: Complete 2025 Legal Guide

sked Questions About Catastrophic Personal Injury Claims in Ohio

What qualifies as a catastrophic injury under Ohio law?

A catastrophic injury is one that results in permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or a permanent physical functional injury that prevents you from caring for yourself.

How long do I have to file a catastrophic injury claim in Ohio?

Under Ohio law, you have two years from the date of your injury to file a claim.

What is the average settlement for a catastrophic injury in Ohio?

There is no average settlement amount, as each case is unique. The value of your claim will depend on the severity of your injuries, the amount of your medical bills and lost wages, and the extent of your pain and suffering.

Are there caps on damages for catastrophic injuries in Ohio?

No, there are no caps on non-economic damages for catastrophic injuries in Ohio.

How is a catastrophic injury different from a serious injury?

A catastrophic injury is a severe injury that results in long-term or permanent disability, while a serious injury may not have the same lasting impact.

What if I was partially at fault for my catastrophic injury?

Under Ohio’s comparative negligence rule, you can still recover compensation as long as you are not more than 50% at fault, but your compensation will be reduced by your percentage of fault.

How long does a catastrophic injury claim take in Ohio?

The timeline for a catastrophic injury claim can vary depending on the complexity of the case. Some cases can be settled in a matter of months, while others may take years to resolve.

What evidence do I need for a catastrophic injury claim?

Typically, you will need medical records, accident reports, witness testimony, and expert opinions to support your claim.

Will my case go to trial or settle out of court?

Most catastrophic injury claims are settled out of court, but if a fair settlement cannot be reached, your case may go to trial.

How much does a catastrophic injury lawyer cost in Ohio?

Most catastrophic injury lawyers work on a contingency fee basis, which means that you don’t pay them anything unless they win your case.

Can I file a claim if my loved one died from catastrophic injuries?

Yes, you may be able to file a wrongful death claim to recover compensation for your losses.

What is the role of expert witnesses in catastrophic injury cases?

Expert witnesses, such as doctors and economists, can provide testimony to support your claim and help the jury understand the full extent of your damages.

How do I calculate future medical expenses in my claim?

An experienced attorney will work with medical and financial experts to calculate the cost of your future medical care.

What should I do immediately after suffering a catastrophic injury?

First and foremost, seek immediate medical attention and then contact an experienced catastrophic injury attorney.

Can I reopen my case if my condition worsens?

In most cases, you cannot reopen your case after it has been settled. That is why it is so important to have an experienced attorney who can accurately calculate the full extent of your damages.

Get the Compensation You Deserve for Your Catastrophic Injury

If you or a loved one has suffered a catastrophic injury, you don’t have to go through this alone. The experienced and compassionate attorneys at Pencheff & Fraley are here to help. We will fight for the compensation you deserve, so you can focus on your recovery.
If your case is in Florida instead, see our guide on catastrophic personal injury claims in Florida.

Contact us today for a free, no-obligation consultation. We will review your case, answer your questions, and explain your legal options. And because we work on a contingency fee basis, you pay nothing unless we win your case.

Call us at 866-267-6979 or visit our website at www.pencheffandfraley.com to schedule your free case evaluation.