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Damages in Personal Injury Claim

by onAugust 02, 2016

To bring a successful personal injury claim, the injured party must satisfy a number of factors. The injured party must first determine whether the claim is based on the other party’s negligence or whether they were strictly liable for the product that caused the injury. In automobile accident, a negligence claim should show that the other driver first had a reasonable duty of care while driving, they then breached that duty of care, and the injuries claimant suffered were the direct result of that breach of care. Once these factors are established, the injured party can seek damages. It is also important to note that the injured party must bring their claim within two years after the cause of action.

What Types of Damages are Available in a Personal Injury Claim?

(1) Compensatory Damages: When the injured party asks for compensatory damages, they are seeking compensation for the actual losses they suffered as a result of the injury. The injured party can ask for damages suffered from economic losses as well as non-economic losses.

  • Economic losses: Examples of economic losses include lost paid wages and earnings, lost future income earning capacity, actual injuries to the body, past and future effects of injury on the party’s health, past and future physical pain, expenditures for medical care or treatment, as well as other expenditures incurred as a result of the injury.
  • Non-economic losses: These are intangible losses, including, pain and suffering, loss of consortium, loss of companionship, loss of care, any disfigurement, mental anguish experienced, or broadly, any other intangible loss.

In Ohio, there is no cap on the amount of compensatory damages for economic losses that an injured party may be awarded, however, there is a cap on the amount recoverable for non-economic losses. An injured party may only be awarded $250,00, or “an amount that is equal to three times the economic loss.” There is no cap for non-economic loss if the injured party suffered permanent physical deformity, permanent disability in being able to care for self and perform independent activities.

(2) Punitive Damages: These are damages included in order to punish the party who caused the injury, not to compensate for any kind of loss. They are established on a case by case basis.

In Ohio, an injured party cannot include punitive damages in the initial claim and at trial. The court must first determine whether compensatory damages may be awarded. If the injured party is entitled to recover compensatory damages, then they may present evidence to prove punitive damages.

Let Us Assist You With Your Case

Have you suffered injury as a result of the actions of another person? If so, you may have a personal injury claim. To further explore your legal options, contact the attorneys at Lafferty, Gallagher & Scott. We are located in Toledo, Ohio, and we can begin assisting you with your case immediately.

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