Could Ohio’s New Distracted Driving Law Affect Your Car Accident Case?
Posted in: Car Accidents
KNR Legal Blog
That term might seem vague, but it’s a legal term that refers to the physical, psychological, and emotional stress that often arises after an accident. Since there is no bill or receipt you can use to prove how much pain and suffering you’ve experienced, you may wonder how pain and suffering are calculated. We can help you with that.
If you’ve been hurt in an accident that was not your fault, reach out to our experienced Ohio personal injury lawyers at Kisling, Nestico & Redick. We can help calculate your pain and suffering and ensure you receive the maximum compensation you may deserve.
Call us at 1-800-HURT-NOW today to set up a free, no-risk consultation.
Pain and suffering is considered a non-economic damage. This means there are several elements to evaluate when awarding compensation. You will need to prove that the accident:
Pain and suffering is subjective to each victim’s situation. Someone with a broken leg may experience different issues than someone with a neck injury. Therefore, there are various methods law firms and insurance companies may use to calculate what you’re owed.
The most common factors considered when calculating pain and suffering include the severity of your injury, the type of medical treatment you require, the length of your recovery, and how the injury has impacted your daily life.
You may see general “pain and suffering calculators” online, or even from some insurance companies that utilize “multiplier” or “per diem” methods. While both consider your pain, income loss, and how long it will take you to recover and provide a figure of what to expect from a payout, these are very subjective and don’t account for everything.
The best way to accurately evaluate the fair and full value of your claim is to speak with a lawyer.
Some companies may advise you to use both methods when calculating your losses, then narrowing down your demand once you have a range to work with. Because every case is unique, both techniques could give differing answers.
It’s important to remember that Ohio limits the amount you can pursue in non-economic damages. The “cap” for non-economic damages is $250,000, or three times the amount of your economic damages. Those damages include your medical expenses, property damage, lost wages, and more.
Each plaintiff can recover $350,000, and there can be a total of $500,000 per incident.
These caps don’t apply if it’s a catastrophic injury, like if you’ve lost a limb, received a permanent or substantial deformity, or the damage you received prevents you from caring for yourself.
Proving pain and suffering can be a challenge. Some injuries aren’t readily apparent after a crash, so seeking medical attention is vital to establishing how it’s affected your daily life. Insurance companies will review your medical bills, records, medical provider’s statements, photographs of your injuries, medication expenses, and any paid time off receipts from your employer.
You can prove pain and suffering by showing that your injuries have prevented you from enjoying life. Let’s say you haven’t been able to dance, a hobby you’ve enjoyed for years. You can prove you’re suffering by not being able to dance with x-rays of your broken foot. You can document how it affects your daily life by writing down how it limits your mobility around the house, impacts your ability to complete household chores, and affects your hobby.
You may also reach out to your dance teacher, friends, and family members and ask them if they’re willing to share how your injury has left you with pain and suffering.
If you’ve been hurt in an accident caused by another party’s negligence, call Kisling, Nestico & Redick at 1-800-HURT-NOW immediately. We can closely examine your unique case and help you calculate and prove pain and suffering.
Consultations are free, and there is no risk because you owe nothing unless we recover compensation.