Catastrophic Injury Attorneys in Cincinnati Serving All of Ohio
A catastrophic injury permanently alters the victim’s life. Examples include paralysis, burns, traumatic brain injuries (TBI), loss of a limb, and more. If you or someone you love was seriously injured due to the negligence of another, an Ohio catastrophic injury lawyer can provide the guidance and support you need and seek the compensation you deserve.
Founded in 1976, Burg Simpson is a leading personal injury law firm. We focus our practice on representing the victims of catastrophic accidents. Our team has an in-depth understanding of the awful toll these injuries can take. We aggressively pursue all legal avenues to ensure you have the money you need for medical bills and other losses—both current and future.
We represent clients who have been catastrophically injured as a result of motor vehicle accidents, dangerous conditions on premises, defective products, and more. Call 513-852-5600 today to speak with an Ohio catastrophic injury lawyer at our office in Cincinnati.
Why Choose Burg Simpson?
- Your initial case evaluation is 100% FREE and confidential.
- We listen to your story and prepare a strong claim based on the unique circumstances.
- Our lawyers are with you every step of the way, from the initial investigation to settlement negotiations and beyond.
- We have represented numerous clients at trial in catastrophic injury claims. In total, we have recovered more than $2 billion for our clients.
- You pay no fees unless and until we win your case.
Why Do I Need an Ohio Catastrophic Injury Lawyer?
People who sustain catastrophic injuries often require a lifetime of care. They have specialized medical needs that are extremely costly. Many are unable to work or enjoy life the way they once did, and reduced life expectancy is not uncommon.
It can be difficult even to think about taking legal action with all of these challenges. That is why you need a catastrophic injury attorney to help you understand your rights and legal options.
At Burg Simpson, we fight to hold defendants accountable and prevent insurance companies from taking advantage of you. You can focus on healing while our lawyers work to obtain a favorable outcome on your behalf.
What Qualifies as a Catastrophic Injury?
Every year, more than 25 million people visit the emergency department for accidental injuries. Many of these injuries are the result of another’s negligence, and some qualify as catastrophic.
Typically, two factors separate catastrophic injuries from other types of injuries. First, catastrophic injuries tend to be serious and even life-threatening in nature. Second, a complete recovery may not be possible with a catastrophic injury.
Common types of catastrophic injuries include:
- Severe burns
- Brain injuries
- Spinal cord injuries
- Loss of limb and amputation injuries
- Eye injuries and injuries resulting in blindness
- Injuries resulting in hearing loss or deafness
- Loss of an internal organ
Do not hesitate to speak with an Ohio catastrophic injury lawyer if you or a member of your family has been severely injured. Contact Burg Simpson for FREE today.
What Causes Catastrophic Injuries?
Catastrophic injuries have many potential causes. When searching for legal counsel in Cincinnati, you need a personal injury attorney who specializes in the type of incident that led to your claim.
Burg Simpson is a full-service personal injury law firm. Types of cases we handle include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Drunk driving crashes
- Medical malpractice
- Premises liability claims
- Defective product claims
- Nursing home neglect and abuse
- Dog bites
Any of these incidents may give rise to catastrophic injuries. Seeking medical attention should be your first priority, but do not wait to speak with a knowledgeable attorney about your case.
Who Is Liable for Catastrophic Injuries?
Liability is a complex issue in catastrophic injury claims. Damages may exceed the insurance limits for any one defendant, so identifying all of the responsible parties is key for maximizing your financial recovery.
Were You on the Road?
Our lawyers will examine the conduct of the other driver, as well as any additional factors that may have contributed to the accident (such as vehicle defects, negligent road maintenance, etc.). If the other driver was on the job at the time of the accident, we may be able to bring a claim against their employer.
Were You Receiving Medical Care?
In cases involving medical negligence, we examine the conduct of the treating physicians and any staff involved in your care. You may have claims against one or more doctors as well as the facility.
Were You on Someone Else’s Property?
Lawful visitors may be entitled to compensation for injuries sustained due to a property owner’s negligence. Ohio law does not grant trespassers the same legal protections (see Ohio Revised Code (O.R.C.) § 2305.402), but this does not give property owners the right to harm them intentionally.
Were You Injured by a Defective Product?
Parties involved in the design, manufacture, distribution, and sale of a defective product may be held liable for injuries sustained by consumers. Thorough investigation by an experienced product liability attorney is essential for identifying all of the defendants.
Sometimes multiple people are severely hurt by a defective product. Claims may proceed as:
- Individual lawsuits
- Mass torts
- Class actions
Burg Simpson is nationally recognized for excellence in mass tort and class action claims. We have received prestigious awards from numerous organizations attesting to our skills and results in this complex area of law.
What Kinds of Damages Can I Recover for a Catastrophic Injury?
The damages from a catastrophic injury are often immense. Your claim should include not only the costs you have incurred to date but the losses you will face in the months and years ahead. Every case is different, which is why having an Ohio catastrophic injury attorney on your side is critical.
Several types of damages may be available in a personal injury claim:
Economic Damages
These consist of quantifiable financial losses stemming from the catastrophic injury.
- All medical expenses to date
- Future medical costs
- Rehabilitation and therapy expenses
- Lost wages
- The loss of future income and earning capacity
- Home-based medical care and support
- The cost of household services
Non-Economic Damages
Catastrophic injuries may adversely impact your life in a host of different ways. Non-economic damages compensate you for unquantifiable losses associated with the injury.
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Disability
- Shame, embarrassment, and humiliation
- Loss of companionship
Punitive Damages
Also known as exemplary damages, punitive damages are designed to punish defendants for egregious actions and behavior. Ohio law only permits punitive damages awards in select cases, and they can only be recovered at trial.
Sometimes the injuries in a catastrophic accident are not survivable. If your loved one died as a result of someone else’s negligence, you and your family may be entitled to compensation through a wrongful death claim. Our lawyers can explore your legal rights and seek justice for the loss of your loved one.
How Long Do I Have to File a Catastrophic Injury Claim?
Catastrophic injury claims are subject to Ohio’s personal injury statute of limitations. Generally, you have 2 years to make a claim, though there are exceptions to this rule.
For example, if the injury was not immediately discoverable, you may have 2 years from the date the injury was discovered or should have been discovered to make a claim.
Medical malpractice claims are generally limited to 1 year, but this may be extended if the injury was not discovered within that time limit. If this is the case, you may have up to 4 years to take legal action for medical malpractice.
When a minor child is injured, the statute of limitations does not begin until the child’s 18th birthday. The child can exercise their legal rights when they reach the age of legal adulthood, or parents can act on the child’s behalf while they are still a minor.
Claims against a government entity are subject to special time limits and notification requirements.
Bottom line, it can be difficult to know how long you and your family have to make a claim after a catastrophic injury. Preserve your rights and speak to an Ohio catastrophic injury attorney as soon as possible.
Frequently Asked Questions About Catastrophic Injury Claims
How Are Catastrophic Injuries Different from Personal Injuries?
From a legal standpoint, there is no difference between a personal injury claim and a catastrophic injury claim. Both are torts under Ohio law, meaning they may give rise to legal action, and plaintiffs in both types of cases have to prove negligence on the part of the defendant.
Practically speaking, catastrophic injuries are distinguished by their severity and the potential for long-term consequences. As a result, plaintiffs who suffer a catastrophic injury may be able to recover additional compensation for their losses.
O.R.C. § 2315.18 caps non-economic damages at either $250,000 or three times the value of the plaintiff’s economic loss—whichever is greater. This limitation is lifted if the plaintiff suffers:
- “Permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system,” or
- “Permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life-sustaining activities.”
How Do I Prove Negligence?
Negligence is the failure of a defendant to act in a reasonably safe manner under the circumstances. For example, a driver who runs a red light and crashes into another vehicle would likely be considered negligent because he failed to exercise caution when approaching the intersection.
Strong evidence is needed to prove that the defendant was negligent. Our catastrophic injury lawyers work to collect the evidence needed to win your claim. This may include:
- Photographs of the incident
- Video footage
- Witness statements
- Medical records
- Testimony from doctors and other medical professionals
- Crash reports and other documentation
- Bills and other records of financial loss
We also work with experts across a variety of fields to prove the seriousness of your injuries, establish the negligence of the defendant(s), and support the damages you claim.
What If I Was Partly At Fault?
Ohio operates on a comparative negligence standard (O.R.C. § 2315.33). In personal injury cases, you can still recover partial damages as long as your share of fault is less than that of the defendant(s). A finding of fault that is 51% or higher would bar you from recovering any compensation.
Damages are reduced according to a percentage equal to the plaintiff’s apportionment of fault. For example, say the lifetime cost of a catastrophic injury is $1 million. If the plaintiff is found to be 10% at fault for the accident, they would only be able to obtain 90% of their damages—that is, $900,000.
How Much Is a Catastrophic Injury Claim Worth?
Multiple factors can affect the value of your catastrophic injury case. These are complex matters requiring experienced legal counsel to resolve successfully.
An Ohio catastrophic injury lawyer can evaluate the unique details of your claim to determine the damages you may be due. We closely examine the following elements:
- The severity of your injuries
- Medical treatment you have received to date
- What your long-term care needs are
- Out-of-pocket expenses, such as home and vehicle modifications
- Loss of income, benefits, bonuses, etc.
- Impact on your ability to work
- Physical pain and psychological trauma
What Do Lawyers Charge for Catastrophic Injury Cases?
People often wait to speak to an attorney after an accident because they are concerned about cost. At Burg Simpson, we handle personal injury claims on a contingency fee basis. That means you pay nothing upfront and nothing until we win. If you receive a settlement or trial award, your fees are a percentage of the recovery.
We want you to feel comfortable hiring our firm. You will have the opportunity to review this information and ask questions before retaining Burg Simpson.
Learn How Burg Simpson Can Help
For more than 45 years, Burg Simpson has been a champion for injured people. We provide aggressive and compassionate advocacy for clients who have suffered catastrophic injuries.
Our firm combines local clout and national strength. Multiple attorneys on staff live and work in the Cincinnati area. This has resulted in a strong community connection driven by relationships with local people and organizations, as well as in-depth understanding of state and local courts.
National strength comes from the size of our firm—not only the number of lawyers and staff but the years of experience, skill in catastrophic injury matters, and vast resources at our disposal.
Contact an Ohio Catastrophic Injury Lawyer Today
The negligence of an individual, company, or other defendant can have disastrous repercussions. You should be able to focus on recovery while a capable legal professional handles your case. Burg Simpson can pursue the full compensation you and your family deserve.
Call us at 513-852-5600 today for a FREE and confidential case evaluation. Our catastrophic injury lawyers serve clients in Cincinnati and all of Ohio.
