The third leading cause of death in the United States is accidental injury. According to the National Safety Council, every second an American is accidentally injured, and every three minutes an American is killed by a preventable event.
Some of the most common unintentional injuries are falls, motor vehicle accidents, and drug overdoses.
Not all accidents could have been prevented, and sometimes injuries occur without it being clear that someone was at fault. However, when someone else was responsible for your injury due to negligence or recklessness, what damages in personal injury cases can be awarded?
Let’s take a look at the different types of damages in case of personal injury in Ohio.
Compensatory damages are awarded in civil court cases to a plaintiff who has experienced a loss as a result of another party’s unlawful conduct or negligence. These damages are monetary and serve to compensate the plaintiff for injury, damages, or another loss. The plaintiff must prove that the defendant is responsible for the loss that occurred.
These damages are a reflection of the direct cost of the injury that resulted from the other party’s recklessness or negligence. Some of the items that can be reimbursed in the form of economic damages for personal injury in the state of Ohio include:
- Past and future medical bills for surgeries, emergency care, therapy, and prescription medicines
- Out-of-pocket expenses for services and goods that are related to injury recovery
- Loss of wages and future earning potential
- Travel and relocation expenses that result from the injury or are related to seeking health care
In the state of Ohio, there isn’t a cap on economic damage settlements. However, you’ll want to hire a personal injury lawyer in central Ohio to help ensure that you receive the compensation you deserve.
You might also hear noneconomic damages referred to as general damages. These are monetary damages that attempt to compensate the plaintiff for the changes to their quality of life caused by the injury or accident. Some of the aspects of life that are taken into consideration with noneconomic damages include:
- Emotional distress and mental anguish
- Physical pain and suffering
- Loss of companionship
The state of Ohio does place a cap on noneconomic damages except for cases that involve catastrophic injuries. Aside from these circumstances, the cap is either three times the total economic damages or $250,000, whichever is greater.
While compensatory damages seek to make the injured victim financially whole, punitive damages are designed to both acts as a deterrent and punish the defendant for their negligence or recklessness. You might also hear these referred to as exemplary damages.
Punitive damages are not always awarded in civil cases, and in fact, are relatively rare. In the state of Ohio, though, there are caps that punitive damages are subject to if they are awarded.
These damages are capped at twice the amount of the compensatory damages. However, if the defendant is a small business or an individual, the cap is 10% of their net worth and can’t be higher than $350,000.
Understanding the Types of Damages in the Case of Personal Injury in Ohio: An Experienced Personal Injury Attorney Can Help
When you’ve been injured due to someone else’s negligence, it can be overwhelming and confusing to know how to move forward. In order to ensure that you receive the compensation you deserve, it is best to hire a knowledgeable and experienced personal injury lawyer in Columbus.
If you have any questions about the types of damages in the case of personal injury in Ohio, contact us at Tyack Law today!