How Damage Caps May Affect a Personal Injury Claim

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How Damage Caps May Affect a Personal Injury Claim

August 26, 2023
By Lafferty Gallagher Scott

Experiencing a personal injury can be overwhelming for several reasons. On top of the physical harm, there are many legal and financial factors to consider. In Ohio, one of the key things to understand is how damages caps may impact your personal injury claim. So, what exactly are damage caps, and how can they affect your case? In this post, we will explore the specifics of damages caps in Ohio and what you need to know as an injury victim.

Understanding Damage Caps

First, it’s important to understand what damage caps mean. Essentially, a damage cap is a limit on the amount of money that can be awarded in a legal case. In Ohio, there are damages caps in place for certain types of personal injury cases, including medical malpractice, product liability, and punitive damages. For medical malpractice, there is a cap as low as $250,000 on non-economic damages, which includes things like pain and suffering. In product liability cases, non-economic damages are capped at $250,000 or three times the economic damages, whichever is more. Punitive damages are capped at twice the amount of economic damages or $350,000, whichever is greater.

How Damage Caps May Impact Your Personal Injury Case

So, how can these caps impact your case? If your case falls under one of the categories with a damages cap, it means that no matter how much evidence you have or how strong your case is, you may not be able to receive more than the capped amount. This can be frustrating for injury victims who are facing high medical bills, lost wages, and other expenses related to their injury. It’s important to work with an experienced personal injury attorney who can help you understand Ohio’s damages cap laws and how they may impact your case.

Another factor to consider is that damages caps may also affect settlement negotiations. When negotiating with insurance companies or the at-fault party, they may use the damages cap as a bargaining tool to try and settle for less than what you may be entitled to. Your attorney can help you navigate these negotiations and ensure you receive fair compensation.

In an injury case, you can pursue economic and non-economic damages for your suffering. It’s important to recognize the differences between these two categories: 

  • Economic Damages: These include damages that can be mathematically calculated. They are generally easier to prove, such as property damage, lost wages, medical bills and lost earning capacity. 
  • Non-Economic Damages: These damages can be harder to quantify since they don’t involve any specific monetary loss. You may obtain non-economic damages for pain, mental suffering, disfigurement and losing the ability to enjoy life. 

Discuss Your Case With an Attorney

Dealing with a personal injury can be overwhelming on its own, but when you add in the legal complexities and factors like damages caps, it can be even more daunting. However, by working with a knowledgeable personal injury attorney who understands Ohio’s damages cap laws, you can navigate the legal system and fight for fair compensation. Remember, even with damages caps in place, you are entitled to receive compensation for your losses and an attorney at Lafferty, Gallagher & Scott can help ensure you are not taken advantage of during settlement negotiations. Don’t hesitate to seek legal representation and get the support you need during this difficult time.










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