Car Accident Damages You Can Recover
Ohio law allows you to recover compensation for the losses your car accident caused, which fall into two groups: economic and non-economic damages. For a broader overview, see our guide to damages in injury cases.
Daños económicos
Economic damages encompass all your monetary or financial losses. This does not only include your car accident repairs or vehicle replacement fees. Some of the most valuable economic damages in a car wreck include:
- Medical Expenses: All the medications, treatments, and medical devices you received because of the accident and any you require in the future may be covered. Document your medical costs to make sure you are compensated fairly. If your doctors expect you to need care later, your claim should include future medical costs too.
- Lost Wages: If your injury leaves you unable to work and forces you to lose wages, you can recover compensation. It is wise to ask your employer for a letter outlining your pay rate, how many hours you were unable to work, and the total compensation you missed because of your injury. Our guide on lost wages after an accident explains the process. If your injuries limit the work you can do in the future, you may also claim lost earning capacity.
Daños no económicos
Non-economic damages do not have a standard value. Your attorney must quantify them if you hope to be awarded compensation accordingly. The most common non-economic damages awarded in Ohio car accident claims are:
- Pain and Suffering: Pain and suffering compensation accounts for any physical pain and discomfort you face. Your injuries and recovery duration will help determine the amount of pain and suffering compensation you qualify for.
- Emotional Distress: In addition to physical pain, your accident may leave you with mental anguish and psychological distress. Documentation from your doctor, therapist, or counselor may reveal the severity of your emotional distress and help you secure fair compensation.
- Loss of Consortium: Loss of consortium is a claim your spouse may have for the loss of your companionship, help, and support at home caused by your injuries.
Punitive Car Accident Damages
Punitive damages are meant to punish, not to repay a loss. In Ohio, they can be awarded only when the defendant acted with actual malice, such as a conscious disregard for the rights and safety of others that had a great probability of causing substantial harm. Ordinary carelessness is not enough. In car accident cases, they are rare and most often come up when a driver was drunk or extremely reckless.
Ohio Caps and Limits on Damages
Ohio limits some non-economic damages in certain personal injury cases. In general terms, here is how the limits work:
- Economic damages are not capped. Medical bills, lost wages, and other financial losses can be recovered in full.
- Non-economic damages are limited in many cases. The limit is tied partly to the size of your economic damages, so it can be higher when your financial losses are larger.
- Catastrophic injuries are an exception. The limit does not apply when the injury causes a permanent and substantial physical deformity, the loss of use of a limb or a bodily organ system, or an injury that permanently prevents the person from caring for themselves.
- Wrongful death claims are an exception. The non-economic limit does not apply to the family’s losses in a wrongful death case.
- Punitive damages are limited too. They are generally tied to the amount of compensatory damages, with lower limits when the defendant is an individual or a small employer.
These rules are technical, and whether a cap applies depends on the injury and the evidence. A lawyer can tell you how they may affect your case.
How Insurers Value a Car Accident Claim
There is no chart that sets the value of a car accident claim. Insurance adjusters weigh a set of factors, and some insurers use claim-scoring software that rates claims based on the diagnosis and treatment codes in your medical records. The factors that matter most include:
- The type and severity of your injuries: Fractures, surgery, and head or spine injuries are valued differently than soft tissue injuries.
- Your treatment: How long you treated, what kind of care you received, and whether there were gaps.
- Your medical bills and future care: Both what you have paid and what your doctors expect you to need.
- Lost income: Time missed from work and any lasting effect on your ability to earn.
- Permanent effects: Scarring, chronic pain, or limits on your daily life.
- Fault: How clear it is that the other driver caused the crash, and whether they can argue you share the blame.
- Insurance limits: The coverage available from the at-fault driver and any other policy that applies.
- Documentation: How well your records, photos, and witnesses support the claim.
Adjusters also have to put a number on pain and suffering, which has no receipt. That is where a lawyer’s work matters most, because records that show how the injuries changed your daily life give that number weight. If you want to understand the range for your own claim, our page on what is my case worth walks through the questions to ask.
Car Accident Insurance Claims for Compensation
The most common way to recover compensation for your damages after a car accident is by filing a claim with the liable party’s insurance company. Ohio is a fault state for auto insurance and accident purposes, so filing a claim with the at-fault party’s insurer gives you the chance to recover certain types and amounts of damages.
Remember, you should beware of insurance companies that make quick offers, as they may be far less than your claim is worth. Never speak with the insurance company or accept a settlement offer without reviewing your case with your car accident attorney.
Beyond the At-Fault Driver: Finding Every Dollar
Sometimes the person who hit you doesn’t have enough insurance to cover your bills. KNR investigates “hidden” layers of coverage to maximize your recovery, including:
- UM/UIM Coverage: Your own Uninsured/Underinsured Motorist coverage can step in if the at-fault driver has no insurance, has too little, or fled the scene.
- MedPay: Optional coverage on your own policy that pays medical bills immediately, regardless of who caused the crash.
- Employer Liability: If the other driver was working or “on the clock” at the time of the crash, their employer’s commercial policy may provide much higher limits.
Bringing Your Case for Damages to Court
Most car accidents are resolved by negotiating with the liable insurance companies. However, preparing cases for court strengthens your argument for compensation and forces the parties involved to take your claim seriously. In addition, bringing your case to trial may be the best way to recover total compensation if there are questions about fault or liability.
Documents to Maximize Your Financial Recovery
If you hope to maximize your car accident claim compensation, there are valuable pieces of evidence that could help to prove liability in your case, including:
- Medical documentation of your injuries, including receipts and hospital bills
- Testimonies from economic experts
- Witness statements: People who saw the crash can confirm how it happened and who was at fault.
- Paystubs proving your loss of income
Your attorney may also utilize various multiplier methods to determine how much your pain, suffering, and other noneconomic damages are worth.
Taxes on a Car Accident Settlement
Under federal tax law, compensation you receive because of a physical injury or physical sickness is generally not taxable income. In a typical car accident case, that usually covers medical expenses, pain and suffering, and lost wages tied to the injury. Some parts of a settlement can be taxable, though, including punitive damages, interest, and in some cases emotional distress damages that are not tied to a physical injury. If you deducted medical expenses on an earlier tax return and the settlement later reimburses them, that part may be taxable as well. Every settlement is different, so talk with a tax professional about yours.
KNR Gets the Most Out of Your Car Accident Claim
The financial damages associated with a car accident can last a long time. You need an advocate to consider your long-term interests and ensure the compensation you recover will be sufficient to address any ongoing medical issues or permanent adverse effects.
To secure the full and fair compensation you may deserve, it is in your best interest to seek legal representation. A lawyer can help prove that another party’s negligence injured you. An attorney can also communicate with insurance companies on your behalf, evaluate any offers, and protect your rights.
Our Ohio Car Accident Lawyers Will
- Investigar, recabar pruebas y identificar a los responsables.
- Entrevista a testigos, profesionales sanitarios y expertos para demostrar cómo se ha visto afectada tu vida.
- Ponte en contacto con la aseguradora, aclara quién es el responsable y intenta conseguir la máxima indemnización.
- Determine your accident’s full and fair value: what you lost and what you deserve.
- Te mantendremos informado y te haremos partícipe. Puedes contactar con KNR por teléfono, mensaje de texto, correo electrónico o Zoom.
- Defiende tus derechos y, si es necesario, lleva tu caso ante los tribunales.
- Nunca te cobraremos por adelantado. Si no se consigue la indemnización, no hay ningún coste.
Utilizamos todos los recursos disponibles para que puedas recuperarte tanto física como económicamente tras un accidente de tráfico.
Ohio Car Accident Compensation FAQs
How long will it take to get my compensation?
The time it will take to obtain compensation following your car accident varies widely depending on whether you can secure a sizable settlement through the insurance company. It could be as few as several months and as long as several years before you are awarded compensation.
Is car accident compensation taxable?
Usually not. Compensation for physical injuries is generally not taxable, but punitive damages, interest, and earnings on money you invest can be. Ask a tax professional about your settlement.
What does it cost to hire a car accident lawyer?
Like most car accident lawyers, KNR works on contingency, so you never have to pay out-of-pocket costs or attorney’s fees unless we win your case. We differ because KNR works hard, so you keep more of any settlement or court award than we do.
If I had a pre-existing back injury, can I still get compensation for a new back injury?
Yes. Under the “Eggshell Skull Rule,” a negligent driver is responsible for any aggravation of a pre-existing condition. We use medical experts to show how the accident worsened your baseline health.
Will I have to pay back my health insurance company out of my settlement?
Usually, yes. This is called “subrogation.” However, one of the biggest benefits of hiring KNR is that we negotiate with your health insurance providers to reduce the amount you have to pay them back, putting more of the settlement in your pocket.
What is a “Multiplier” and how is it used for my pain and suffering?
Some insurance companies estimate pain and suffering by multiplying your medical bills by a number that rises with the severity of the injury. We push for a number that reflects your real losses by presenting “day in the life” evidence of how the injuries affect you.
Need Compensation After a Car Accident? Call KNR.
If you suffered injuries in a car accident due to someone else’s negligence, reach out to Kisling, Nestico & Redick as soon as possible. We will advise you, review all your legal options, and fight for the compensation you deserve.
Get your free, no-risk consultation. Call 1-800-HURT-NOW today.
