Pain and Suffering For Injuries in Ohio
If you are injured in an accident which was not your fault, you may be entitled to compensation for many types of damages depending on the State where your injury occurred. Pain and suffering, is one type of damage that can be hard to evaluate, but is typically available in “fault” based States. Figuring out the value of this pain and suffering damage is complicated. It is a non-economic damage which is not like medical bills and wage loss which is easy to determine as they are economic. The following article looks at ways to evaluate your pain and suffering following an automobile accident in the State of Ohio.
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Pain and Suffering Under Ohio Law
There are certain cases, however, where a third party may have caused the accident Pain looks at the physical aspect of your case. Did you receive a concussion or break any bones? Did you receive a soft tissue injury or had internal injuries? These are the types of damages that fit under physical pain. What is the degree of pain from one to ten? Ten the worst while one is minimal. Does your pain get better with time? Suffering looks at the mental distress you suffered from the accident. Initially, suffering from being in the accident to sleepless nights thinking about the accident are just a few of the elements of suffering. Worrying about paying medical bills, losing a paycheck, or lack of recovery, would be mental suffering. Other examples may be related to stress, anxiety, or depression. In the worst case, you may have witnessed a death and may suffer from post traumatic stress disorder. How do you calculate these damages?and these types of injury lawsuits can be very complex. It is advisable to speak with an injury lawyer if a third-party caused your injury. The injury victims typically have to deal with two parties rather than one in these types of cases. For example: If you are in a company owned vehicle which is stopped at a red light and a third party vehicle crashes into the back end of the company vehicle causing you serious injuries, what would your options be to cover your injuries and other losses?
How Much Pain and Suffering Should I Receive After an Injury?
Some juries and insurance adjusters use a multiplier of the economic damages. These economic damages include but are not limited to: medical bills, wage loss, and personal items. Once determined the fact finder would multiply those economic losses by a multiple of from one to five. $5,000 in economic loss times three would equal $15,000 for your pain and suffering.
Proving Pain and Suffering in an Injury Lawsuit
To prove your pain and suffering, you will need the following:
- Medical records
- Prescription receipts
- Medical expert reports
- Family or co worker testimony to explain how you have been affected by the accident;
- Employer records confirming missed days
- Your own testimony.
Damage Caps in Ohio for Pain and Suffering
Non-economic damages include pain and suffering. As such, Ohio law limits how much you can recover for these damages. These non-economic caps are $250,000 or three times the amount of economic damages whichever is greater up to a maximum of $350,000 per plaintiff and $500,000 per incident. These caps will not apply if you suffer catastrophic injury such as an injury that prevents you from caring for yourself or to perform life saving activities; Permanent and substantial physical deformity or Loss of limb or its function. In most cases, these legal standards may require litigation to preserve and maximize the injured victims recovery to the fullest extent under Ohio law.
Dennis P. Sawan
Licensed in Ohio and Georgia
Christopher A. Sawan
Licensed in Ohio and Michigan