How Ohio Courts Calculate Pain and Suffering in a Sandusky Personal Injury Claim
When personal injuries in Sandusky happen due to someone’s negligence, losses often go beyond medical bills and missed paychecks. The physical pain, emotional distress, and impact on your daily life are all too real, and you have the right to seek compensation for them.
There’s a lot of mystery surrounding pain and suffering damages in Ohio. Our experienced Sandusky personal injury lawyers explain what they actually cover and how courts and insurers put a dollar amount on it.
What Counts As Pain And Suffering In A Sandusky Personal Injury Claim
Pain and suffering falls under what Ohio law calls noneconomic damages. These are intangible losses that don’t come with a receipt but are very real.
Under Section 2315.18 of the Ohio Revised Code, noneconomic damages include physical and emotional harm that goes beyond your out-of-pocket costs. Types of losses that qualify as pain and suffering in a Sandusky personal injury claim include:
- Physical pain from your injuries, including during treatment, recovery, and any ongoing chronic pain.
- Mental anguish, such as the distress of losing independence, not being able to care for your children, or facing a long and uncertain recovery.
- Emotional suffering, including anxiety, depression, or post-traumatic stress.
- Lost enjoyment in life due to long-term impairments, and loss of consortium for your spouse.
- Disfigurement and scarring, which Ohio courts recognize as a distinct and ongoing harm.
Ohio does not cap medical bills, lost income, or other economic damages that compensate for tangible losses. Noneconomic damages, however, are capped at $250,000 or three times your economic damages, with a maximum $350,000 per plaintiff, whichever is greater. (This cap doesn’t apply in cases of catastrophic injuries or wrongful death.)
Evidence That Supports A Sandusky Pain And Suffering Claim
The Healthy Policy Institute of Ohio reports that personal injuries continue to be a leading cause of death and disability in the state, and the numbers increase each year. When others are at fault, you have the right to hold them accountable.
However, insurers (and civil court judges, in the event of a personal injury lawsuit in Sandusky) do not simply take your word when it comes to pain and suffering. You’ll need evidence, such as:
- Medical records documenting your injuries, prognosis for recovery, and any long-term impacts.
- A personal journal documenting daily symptoms, limitations, and how your injuries affect your life.
- Statements from family members, friends, or coworkers.
- Testimony from vocational experts, therapists, and other professionals.
To determine the amount of compensation you are entitled to for pain and suffering in a Sandusky personal injury claim, insurers may apply a multiplier to your total economic damages or take a per diem approach, which assigns a daily dollar amount.
Talk To Our Experienced Sandusky Personal Injury Lawyers
Pain and suffering is often the most contested part of a Sandusky injury claim. At Murray & Murray, our experienced Sandusky personal injury lawyers provide the fierce legal representation you need to get the compensation you deserve.
We help injury victims throughout Sandusky, Ohio, and the surrounding areas. Contact us today to request a consultation.
Source:
codes.ohio.gov/ohio-revised-code/section-2315.18