How to Calculate Personal Injury Damages in Ohio | War for You

Seeking compensation for injuries suffered due to someone else's negligence can be overwhelming, but understanding the process is key to getting the settlement the victims deserve.

However, many plaintiffs are often unsure of how to calculate personal injury damages in Ohio. Personal injury damages have two categories: economic damages and non-economic losses.

Firstly, economic damages refer to the financial losses incurred as a result of the injury, such as medical bills, lost wages, and other monetary issues. A personal injury attorney can help advise on paying medical bills after your personal injury in Ohio.

Non-economic damages, on the other hand, refer to intangible losses such as pain and suffering, obstructed enjoyment of life, and emotional stress.

Under Ohio law, victims of personal injury cases are entitled to seek compensation for both economic and non-economic damages.

What Are Physical Pain and Suffering Damages?

There is no set formula that applies to a personal injury case when calculating pain and suffering.

The amount of reimbursement for the pain and suffering the victim endured will depend on the facts of the case. In general, physical pain and suffering damages can refer to a bunch of different issues at once.

Not all injuries are quantifiable in monetary terms, which is why personal injury lawyers use different methods to calculate pain and suffering. Some of the calculated damages are:

• Obstructed quality of life

• Mental anguish

• Bodily aches

• Physical disabilities

• Decreased lifespan

• PTSD

• Insomnia

• Anxiety

• Eating disorder

Calculating pain and suffering damages can be a complex process, which is why it's important for victims to seek the guidance of an experienced personal injury lawyer in Ohio.

What Are Economic Losses in a Personal Injury Claim?

Personal injury claims cover a variety of instances, including car accidents, slips and falls, and medical malpractice. In Ohio, a bodily injury claim can be filed to seek compensation for economic losses, which may include:

• Medical expenses

• Lost income

• Costly in-house nurse

• Property damages

Plaintiffs filing for economic and non-economic pain and suffering need to keep track of all the losses related to the injury to receive proper compensation.

• Disrupted Income

If an injury leads to time off work or causes a permanent disability that prevents victims from continuing their job, it can create financial hardship for themselves and their families. Compensation for lost wages can help reduce some of the financial burdens caused by the injury.

• Medical Treatment Costs

Reconstructive surgeries can be expensive, and the fees can quickly add up. Compensation for these economic losses can cover the cost of necessary medical interventions and provide a sense of financial security for the injured individual.

• Household Services

These encompass the monetary value of the physical tasks the injured person would have performed had they not been injured. This may include cleaning, cooking, laundry, and other household chores that they can no longer perform due to their injury.

How Are Pain and Suffering Damages Calculated in Ohio?

Ohio personal injury claims are complex, and the calculation of pain and suffering damages is a subjective process that depends on several factors. Victims of car accidents or catastrophic injuries often deserve reimbursement for their significant pain and emotional suffering.

While economic losses such as medical bills and lost wages can be objectively measured and compensated, putting a dollar figure on pain and suffering damages is harder.

Unfortunately, many personal injury cases involve significant pain and emotional suffering, and victims deserve compensation. Here's how plaintiffs can calculate pain and suffering in Ohio:

1. Personal Injury Claim (Client Testimony)

Ohio personal injury lawyers use client testimony to show how much pain and suffering a victim endures after an accident caused by someone else.

They will ask plaintiffs to describe how the accident made them feel physically and emotionally, how it has affected their daily activities, and any other relevant details that show the extent of their suffering.

1. Proof and Witnesses

Cincinnati personal injury attorneys will rely on physical evidence and witnesses to prove that the pain and suffering damages are reasonable.

They might introduce medical records showing the extent of the victim's injuries or call witnesses who can testify about the nature and impact of the accident on the victim.

1. Mental Health Records

Lawyers may also use mental health records to support a client's pain and suffering damages claim. Depression, anxiety, and PTSD are common issues after car accidents and catastrophic injuries, and the emotional suffering caused by these disorders may be compensable.

At the end of the day, every accident and victim is unique. The amount of compensation deserved for pain and suffering will vary from case to case. It's always a good idea to rely on a qualified attorney for a personal injury case.

1. Multiply Pain and Suffering Damages

In some cases, Ohio courts and insurance companies might use a multiplier method to determine the estimate of what an individual's pain and suffering damages are worth in money.

This method rates the severity of the issues on a scale of 1.5 to 5. The higher the number, the more compensation the victim will be set to recover.

Paralysis, for example, has life-long implications that physically deter a person's mobility. As a result, the financial compensation for this type of pain and suffering will likely produce large reimbursement figures.

Different Types of Pain and Suffering

Compensatory damages can reimburse victims for economic losses, such as medical expenses and lost income.

However, non-economic damages such as pain and suffering are also allowed under Ohio law. Skilled personal injury attorneys can help victims understand their rights and guide them through the process of pursuing a pain and suffering award.

• Physical Impairment

This can prevent victims from enjoying activities they once loved, limit their ability to work or perform daily tasks and lead to medical expenses that can quickly become burdensome.

Qualified personal injury lawyers can help plaintiffs understand the full extent of their rights under Ohio law and ensure that they receive the compensation they deserve.

• Permanent Disfigurement

On the other hand, disfigurement is another type of pain and suffering that can result from a personal injury accident.

Permanent burns, lost limbs, and scars can change a person's life forever, and compensation for such injuries is often necessary to cover medical expenses and other costs associated with essential hospital care.

It is imperative to seek medical treatment immediately after suffering an injury, as this can help to preserve evidence for a future personal injury claim.

• Wrongful Death

Grief and the loss of a loved one are some of the most painful experiences a person can endure. If the loss was the result of another person's negligence, the victim's family might be able to recover compensation.

How Can a Qualified Personal Injury Lawyer Help Victims?

Suppose an individual has been in a car accident and endured pain or catastrophic injury. In that case, the law requires the responsible party's insurance company to compensate the victim or their family for their losses.

However, getting the insurance adjuster to pay for damages and settling a claim is a complicated process that requires experience and knowledge of the fine print. This is where a qualified personal injury attorney can help victims.

Insurance companies will do everything possible to avoid paying compensation to injured parties, including using tactics such as lowball settlement offers or denying claims altogether. Knowledgeable personal injury attorneys can help level the playing field and ensure that victims are fairly treated.

Personal injury lawyers are legal experts who specialize in representing people who have suffered physical and mental harm due to another party's negligent or intentional act.

They assist victims claim compensation for their injuries impacted by accidents, such as medical costs, lost wages, pain and suffering damages, and other non-economic losses, such as emotional distress. As well as, consult on if emotional distress is considered a personal injury in Ohio.

One of the many benefits of hiring an injury lawyer is that they offer free consultation sessions to assess the potential case of the victim. They will review the plaintiff's personal injury case and determine if they have a potential claim against the responsible party.

On top of that, insurance companies often try to limit the amount of compensation paid out to the victim, and a personal injury attorney can come to settlement negotiations on behalf of the client to ensure that they get the maximum compensation they deserve.

Final Words

One of the most important components of personal injury damages is non-economic losses, including pain and suffering.

These types of issues are typically harder to quantify, as they are not just based on tangible financial losses. Rather, they are based on the subjective experience of the injuries impacted and the emotional distress victims have endured.

Under Ohio law, victims of car accidents and other personal injury incidents have the right to claim pain and suffering damages. These policies are intended to compensate the plaintiff for the physical and emotional pain they have experienced due to their injuries caused by someone else's negligence.

Working with a renowned law firm can help victims navigate the legal process and reduce the stress and complexity of dealing with insurance adjusters and settlement negotiations. Most law firms offer free consultations, allowing plaintiffs to discuss their cases with qualified attorneys and receive valuable advice about their legal options.