When someone gets hurt due to another person's negligence in Ohio, they may be entitled to compensation. This compensation, known as compensatory damages, is designed to cover financial and non-financial losses that resulted from the incident. Understanding the different types of compensatory damages, how they are calculated, and the legal framework governing them in Ohio can help injury victims navigate their claims more effectively.

Types of Compensatory Damages in Ohio

Compensatory damages in Ohio fall into two primary categories: economic damages and non-economic damages.

Economic Damages

Economic damages, sometimes referred to as special damages, are quantifiable financial losses directly caused by an accident or injury. These damages are typically supported by medical bills, receipts, and expert testimony.

1. Medical Expenses – This includes hospital stays, surgeries, rehabilitation, prescription medications, and ongoing therapy. According to the Centers for Disease Control and Prevention (CDC), the average medical cost of a non-fatal injury in the U.S. exceeds $5,000, with severe injuries requiring tens or even hundreds of thousands of dollars in medical care.
2. Lost Wages and Loss of Earning Capacity – If an injury prevents a victim from working, they can recover wages lost during recovery. If the injury leads to long-term or permanent disability, compensation may include diminished earning capacity.
3. Property Damage – In car accident cases, for example, claimants can recover costs for vehicle repairs or replacement.
4. Out-of-Pocket Expenses – These include costs such as transportation to medical appointments, home modifications for disability accommodations, and hired services (e.g., home care).

Non-Economic Damages

Non-economic damages compensate for losses that do not have  financial value but significantly impact a victim’s life.

1. Pain and Suffering – This accounts for physical pain and emotional distress caused by the injury. Courts in Ohio consider the severity of the injury and the duration of suffering when determining compensation.
2. Emotional Distress – Victims who experience psychological effects such as anxiety, depression, or post-traumatic stress disorder (PTSD) may be eligible for compensation.
3. Loss of Consortium – If an injury impacts the injured party's relationship with their spouse or family members, damages might be awarded for loss of companionship, affection, or intimacy.
4. Disfigurement and Disability – If an injury results in permanent scarring, disfigurement, or disability, the victim can receive compensation based on the level of the impact on their life.

How Ohio Courts Calculate Compensatory Damages

In Ohio, compensatory damages are assessed based on evidence presented during a case. Economic damages are calculated using objective financial records, while non-economic damages rely on more subjective factors such as witness testimony, medical evaluations, and expert opinions.

• Multiplier Method – A common approach for calculating non-economic damages involves applying a multiplier to the total economic damages. For example, if medical bills and lost wages amount to $50,000, and the court applies a multiplier of 3, the victim could receive $150,000 in non-economic damages.
• Per Diem Method – Some courts use a per diem (daily rate) method, assigning a dollar amount for each day the victim experiences pain and suffering until they reach the maximum medical improvement.

Caps on Compensatory Damages in Ohio

While Ohio law does not impose limits on economic damages, non-economic damages are subject to statutory caps. Under Ohio Revised Code § 2315.18, non-economic damages are generally limited to $250,000 or three times the amount of economic damages, whichever is greater. However, the maximum cap is $350,000 per plaintiff or $500,000 per occurrence in most cases.

Exceptions exist for catastrophic injuries. If an injury results in permanent and substantial physical deformity, loss of limb, or the inability to care for oneself, there is not a cap on non-economic damages.

Proving Compensatory Damages in an Ohio Personal Injury Case

To secure compensatory damages, a plaintiff must demonstrate that the defendant’s negligence caused their injuries. Essential steps include:

• Gathering Evidence – Medical records, employment documents, and expert testimony play a crucial role in establishing damages.
• Documenting Losses – Keeping a journal of daily pain levels, emotional struggles, and lifestyle changes can support non-economic damage claims.
• Working with Experts – Financial analysts, medical professionals, and accident reconstruction specialists will provide valuable insight into the extent of losses.

Comparative Negligence in Ohio and Its Impact on Damages

Ohio follows a modified comparative negligence rule (Ohio Revised Code § 2315.33). This means that if a plaintiff is partially responsible for their own injury, their compensatory damages is going to be reduced by their share of fault.

For example, if a court determines that an injured party was 20% at fault for an accident, their total compensation will be lowered by 20%. However, if a plaintiff is found to be more than 50% at fault, they are barred from recovering any damages.

Filing a Compensatory Damages Claim in Ohio

Under Ohio’s statute of limitations, personal injury claims need to be filed within two years from the date of injury (Ohio Revised Code § 2305.10). By missing this deadline it will often result in the court dismissing the case, barring the victim from receiving compensation.

Exceptions exist for certain situations, such as:

• Discovery Rule – If an injury is not immediately apparent, the statute of limitations might begin from the date the injury was discovered.
• Minor Plaintiffs – If the person injured is a minor, the statute of limitations will be extended until they turn 18.

Conclusion

Compensatory damages in Ohio serve to restore victims to the financial and emotional position they were in before an injury. While economic damages provide reimbursement for tangible losses like medical expenses and lost incomes, non-economic damages address pain and suffering, emotional distress, and other personal impacts. Ohio law imposes caps on non-economic damages in most cases but allows for exceptions in severe injury claims. Given the complexities of calculating and proving damages, seeking legal representation can help injury victims maximize their compensation and navigate the claims process effectively.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

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.

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