Pain and suffering in Ohio injury cases is calculated in several different ways. These damages cover non-economic harm, such as physical pain, emotional distress, and loss of enjoyment of life, which do not have a specific monetary value.
Every personal injury case is unique, and no two injury victims experience pain and suffering the same way. Since these calculations can vary, a Springfield personal injury lawyer can help ensure you seek the full compensation you deserve, including for pain and suffering.
What Is Considered Pain and Suffering in Ohio Injury Cases?
Pain and suffering encompass the non-economic, intangible damages a person endures after an injury. While economic damages like medical bills and lost wages are quantifiable, pain and suffering focus on the physical and emotional harm caused by the accident or injury.
Physical Pain
This includes the physical discomfort or limitations resulting from an injury. Examples of physical pain include:
- Chronic pain or ongoing discomfort.
- Temporary or permanent physical impairments.
- Loss of mobility or other physical abilities.
- Pain from medical treatments or surgeries.
Emotional and Mental Suffering
Emotional pain and suffering cover the psychological impact of the injury. Examples include:
- Anxiety, depression, or post-traumatic stress disorder (PTSD) caused by the accident.
- Loss of enjoyment of life, such as being unable to engage in hobbies, sports, or other activities.
- Emotional distress from visible scars or disfigurement.
- Strained relationships with family or friends due to mood changes or physical limitations.
It’s important to note that pain and suffering damages are subjective, meaning they vary by individual and depend on the circumstances of the case.
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Factors That Affect Pain and Suffering Calculations in Ohio Injury Cases
Several factors influence the amount of compensation a person can receive for pain and suffering damages. Since these damages are subjective, the final amount depends on the unique details of the injury and its impact on the victim.
Key factors that affect how pain and suffering is calculated in Ohio injury cases include:
- The severity of the injury: Serious, permanent, or life-altering injuries (like paralysis or loss of a limb) typically result in higher pain and suffering damages. Minor injuries with short recovery periods may result in lower compensation.
- Length of recovery period: The longer it takes for a person to recover, the higher their pain and suffering damages are likely to be. If the injury results in a permanent condition or lifelong pain, this significantly increases the damages awarded.
- Impact on daily life: If the injury prevents the person from working, participating in hobbies, or maintaining a normal routine, this will increase the value of pain and suffering damages. Loss of enjoyment of life is a major factor considered when calculating non-economic damages.
- Evidence provided: Strong evidence, including medical records, expert testimony, and personal journals, can illustrate the severity of pain and suffering. Testimony from family and friends about how the injury has impacted the victim’s life can also be persuasive.
- Comparative negligence: Ohio follows a modified comparative negligence rule, meaning compensation may be reduced if the injured person is partially at fault for the accident. This law applies to both economic and non-economic damages.
Ohio Revised Code § 2315.18 places limits on noneconomic damages, such as pain and suffering, in certain personal injury cases. These damages can be capped at $250,000 or three times the economic damages, up to $350,000 per plaintiff in certain circumstances.
Hiring a skilled personal injury attorney at The Stuckey Firm can help you understand the exceptions to these limitations.
Calculating Pain and Suffering Is Unique in Each Personal Injury Case
Determining the value of pain and suffering in a personal injury case is a highly individualized process. It requires a thorough understanding of how the client’s injuries affect their unique circumstances and daily life.
Each person experiences pain and suffering differently, and what might be a minor inconvenience for one individual could be a significant hardship for another.
By considering these unique factors, a lawyer can more accurately assess the value of pain and suffering for each client. This case-specific approach ensures that the compensation sought truly reflects the personal and emotional toll the injury has taken on the individual.
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Client | Auto AccidentWe Can Explain More About How Pain and Suffering Is Calculated in Ohio Injury Cases
Pain and suffering damages can be complex to calculate, but with our legal guidance, you can pursue the compensation you deserve. We can explain how pain and suffering is calculated in Ohio injury cases and build the foundation to maximize your recovery.
Our team of attorneys at The Stuckey Firm, LLC, have over three decades of combined experience helping clients seek the justice and compensation they deserve. Call us today to learn more about us and how we can help during a free consultation.
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