Types of Damages in Personal Injury Cases
Have you been hurt in an accident? Are you confident you have the right to a monetary award from your accident? Then call an experienced Ohio personal injury attorney from Kisling, Nestico & Redick immediately to review your situation and determine all of the possible damages you may be entitled to recover.
You probably know enough of the law to understand you have a valid claim for compensation through either an insurance claim or lawsuit, but if you do not know all the types of possible damages in personal injury cases, you need to work with an attorney. You could miss out on the amount you truly deserve.
Following an accident, you will encounter a tremendous number of unexpected costs. You are probably already watching these expenses add up and dwindle your savings account. During a personal injury case, your economic damages are meant to reimburse you for these expenses. Economic damages are objective amount since they can be proven from your paperwork and receipts.
Economic damages include:
- Medical expenses including future care
- Lost wages from time out of work
- Reduced earning potential due to a long-term injury or disability
- Loss of business opportunities
- Home renovations necessary for recovery or living with a disability
- Transportation costs for medical care
- Damage to or loss of property during the accident
While it is obvious to think of recovering the cost of your medical care and lost wages during a personal injury claim, you may not think of many smaller expenses without the help of an attorney. For instance, if you were hospitalized for four weeks in a facility more than an hour from your home, your spouse may have spent a considerable amount of money on gas while commuting back and forth. By working with an experienced Ohio personal injury attorney from Kisling, Nestico & Redick, you have someone on your side who will ensure the economic damages you seek fully reimburse you.
Noneconomic damages seek to compensate you for your non-monetary injuries. They are a subjective figure, not based on your receipts or credit card bills.
Noneconomic damages include:
- Physical pain
- Emotional distress, including mental anguish, depression, anxiety, humiliation, and more
- Loss of consortium, including the loss of an intimate relationship with your spouse
- Loss of enjoyment of life
How much your noneconomic damages are worth depends on several factors, including the type and extent of your injury, whether your physical injury is visible to others, and whether you suffer from a diagnosable mental health condition. When your personal injury claim goes before a judge or jury, the noneconomic damages are also influenced by factors like where you are from, the economic and political background of the jurisdiction, and whether the jury is sympathetic toward your situation.
Ohio Cap on Noneconomic Damages
In Ohio, noneconomic damages for some personal injury and medical malpractice claims have a statutory limit, also referred to as a cap. For example, if you bring a personal injury claim for non-catastrophic injuries, then your noneconomic damages are limited to the greater of $250,000 or three times the economic damages, with a maximum of $350,000. Bear in mind this cap does not affect your economic damages. You can always be reimbursed for all the expenses related to the accident and your injuries.
There is also a third type of damages that may be available to you if the other party was grossly negligent or intentionally committed a wrong act, leading to your injuries. These are known as punitive damages and they are not meant to reimburse or compensate you. Rather, punitive damages are intended to punish the wrongdoer, discouraging them and potentially deterring others from behaving similarly again. These damages are not typically available for most personal injury cases. However, if the other party’s actions were extreme or egregious, discuss requesting punitive damages with your Ohio personal injury attorney.
Ohio Cap on Punitive Damages
Ohio law limits the amount of punitive damages you are entitled to. If a judge or jury finds you should receive punitive damages because of the at-fault party’s actions, then you are only entitled to up to two times the amount of your compensatory damages.
Contact Our Ohio Personal Injury Lawyers for Help
If you have been hurt in an accident because of someone else’s actions, you should begin working with a personal injury attorney as soon as possible. Our experienced team of Ohio personal injury lawyers at Kisling, Nestico & Redick understand the nuances of economic, noneconomic, and punitive damages. We will work closely with your physicians and medical professionals to obtain the evidence necessary to request the greatest amount of compensation possible. We know how to explain the medical and financial consequences of your injuries and can help the jury see how they have negatively affected your life. Our goal is to ensure none of your costs go unaddressed.
To see how Kisling, Nestico & Redick can help recover damages in personal injury cases, call 1-800-HURT-NOW.