When anyone suffers an injury and it was caused by another party's negligence in Ohio, you may be eligible to pursue compensation through a personal injury claim. This compensation, referred to as damages, aims to cover losses ranging from medical expenses to emotional suffering. Understanding the types of damages available in an Ohio personal injury claim is important for anyone considering filing a claim. This article explores the main types of damages in Ohio personal injury cases, as well as the legal framework surrounding these claims.

If you’ve suffered injury and believe you have a personal injury claim, consult with an Ohio personal injury lawyer from Brandon J. Broderick, Attorney at Law. Our team can assist you in assessing your injury and determining what types of damages you can pursue.

Understanding Damages in a Personal Injury Case

Damages in a personal injury case are monetary awards provided to an injured party to cover losses or suffering caused by an accident. Ohio law recognizes several categories of damages, each addressing specific losses. The main types include compensatory damages, which cover actual costs; and non-economic damages, which address intangible suffering.

Compensatory Damages in Ohio Personal Injury Cases

Compensatory damages are the core type of financial compensation in personal injury cases. They are meant to cover actual losses suffered by the injured party.

Economic Damages

Economic damages refer to the monetary losses associated with an injury, which can be quantified through bills, receipts, and other documentation. These include:

• Medical Expenses: Medical bills are often one of the most significant financial burdens in a personal injury case. Ohio law allows recovery for various medical-related expenses, including hospital bills, surgeries, physical therapy, and long-term rehabilitation costs.
• Lost Wages: If the injured person is unable to work due to their injuries, they may be compensated for lost income. This includes not only current lost wages but also any future earnings that may be affected by the injury.
• Property Damage: In cases involving vehicle accidents or damage to personal belongings, the victim may be compensated for the cost of repairs or replacement of their property.

Non-Economic Damages

Non-economic damages cover intangible losses that are more challenging to quantify but still significantly impact the injured person’s life.

• Pain and Suffering: Pain and suffering refer to the physical discomfort and emotional distress resulting from the injury. This form of compensation aims to acknowledge the ongoing impact of the injury on the person’s daily life.
• Loss of Consortium: Loss of consortium compensates a spouse or close family member for the loss of companionship and emotional support due to the injury. Ohio courts consider factors such as the severity of the injury and its effect on family relationships when awarding these damages.

Additional Types of Damages in Ohio

In addition to compensatory damages, Ohio law allows for other forms of compensation under specific circumstances.

Punitive Damages

Punitive damages are awarded in cases where the defendant’s behavior was particularly reckless or malicious. Unlike compensatory damages, which aim to make the victim whole, punitive damages serve to punish the at-fault party and deter similar behavior in the future. Ohio places a cap on punitive damages at either two times the amount of compensatory damages or $350,000, whichever is greater.

Wrongful Death Damages

In cases where a personal injury results in death, Ohio law permits surviving family members to pursue wrongful death damages. These damages can include medical expenses incurred before the death, funeral costs, loss of income, and emotional suffering. Ohio law requires that wrongful death claims be filed by the personal representative of the deceased person’s estate.

Statutory Limits on Damages in Ohio

Ohio has specific limits on certain types of damages in personal injury cases. These limitations aim to create consistency in awards and prevent excessively high payouts.

Caps on Non-Economic Damages

Ohio places a cap on non-economic damages in personal injury cases. For most cases, non-economic damages are capped at $250,000 or three times the amount of economic damages, with a maximum of $350,000 per plaintiff or $500,000 per incident. However, in cases involving catastrophic injuries, such as permanent and severe physical deformity or loss of bodily function, these caps may not apply.

Statute of Limitations for Personal Injury Cases

Ohio law mandates that personal injury claims be filed within two years of the date of the injury. This statute of limitations applies to most types of personal injury cases, including car accidents, slip and falls, and medical malpractice. Missing this deadline can result in the dismissal of the case, making it critical to consult with an attorney as soon as possible after an injury.

Why It’s Important to Understand Damage Types and Limits

Understanding the types of damages and the limits that apply to personal injury claims in Ohio can help injured parties make informed decisions about pursuing compensation. Each case is unique, and damages can vary significantly depending on the circumstances and the severity of the injury. An experienced personal injury attorney can help navigate these complexities and maximize potential compensation.

Call Brandon J. Broderick For Legal Help

Navigating Ohio personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.