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 category of damages included in compensation in most fault based States like Ohio. How do you measure pain and suffering for a lawsuit? That can be hard to evaluate but nonetheless is typically available in “fault” based States. Figuring out the exact value of this pain and suffering is complicated and fact specific. In Ohio, these types of damages are non-economic damages which are not like medical bills, wage loss, or so-called actual loss. The following article looks at ways to evaluate your pain and suffering following an automobile accident in the State of Ohio. It is important to focus on the State where the injury occurred when analyzing this complex legal issue because each State is different. 

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Pain and Suffering Under Ohio Law

There are certain cases where a third party is at fault for causing the accident or injury and are liable for pain and suffering. Pain itself will consider the degree of pain endured. Does your pain get better with time? The duration of the pain can be a major factor in these types of cases. Suffering, on the other hand, might include mental or other types of distress you may have 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, could also be classified as mental suffering. Depending on the facts in any particular case, evidence of counseling or expert testimony may be required to support the emotional distress suffered such as with cases involving severe post traumatic stress disorder. Other examples may be related to stress, anxiety, or depression. In the worst case, you may have witnessed a death and suffer from a significant lifelong diagnosable post traumatic stress disorder. It can be very difficult to calculate these damages and injury lawsuits with these types of damages can be very complex. It is advisable to speak with an injury lawyer if a third-party caused your injury and you endured significant pain and suffering as a result to seek the compensation you are entitled too. 

How Much Pain and Suffering Should I Receive After an Injury?

There is simply no hard and fast rule to quantify pain and suffering damages absent a thorough review of each case. Some juries and insurance adjusters negotiating the settlement of cases may use a formulaic approach based on the total amount of economic damages. These economic damages include but are not limited to: medical bills, wage loss, and personal items. Once determined, they may try to relate those economic losses by a multiple depending on the severity of the pain and suffering experience. This simply doesn’t take into account any specific suffering endured by each accident or injury victim. That’s why its important to have an advocate in your corner making sure all pain and suffering you endured in your specific case is accounted for. 

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

For Ohio, and many other states, there are maximum limits on the amount of damages an injured Plaintiff can recover. These are referred to as damage caps. When considering pain and suffering damages for an injury in Ohio, it is critical to note that Ohio does have caps on the amount of non-economic damages a Plaintiff can recover. 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 may not apply, however, 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. If you were injured in Ohio and endured significant pain and suffering, contact us for a free consultation at 419-900-0955. 

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Christopher A. Sawan

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