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.
(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.
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.
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.
Our family worked with Joe Hartle to finalize the adoption of our daughter last fall. So while we were not the typical client of this firm, we still had a great experience. Joe is the best, was so friendly, easy to work with and made us feel very special during…
Attorney Scott helped me with my car accident case. I highly recommend Attorney Scott. He was very good about explaining things to me, and I am very happy with the results. Thank you!
Attorney Lafferty handled my car accident vs. pedestrian case. Very happy with the service and representation he provided. Great result!
Attorney Scott was wonderful in his representation of me for my car accident.
I was represented by Joe Hartle, who did a great job with my auto accident claim. Very happy with the end result.
Highly recommended. The attorneys are very knowledgeable, helpful, and friendly. They did an outstanding job representing us after a terrible car accident caused us serious injuries.
Joe Hartle represented us in a wrongful death case involving a semi-truck. He did an outstanding job during a very trying time in our life. Thank you!
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