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What Types of Damages Can Be Claimed in a Personal Injury Case Filed in Ohio?

  • June 3, 2019
What Types of Damages Can Be Claimed in a Personal Injury Case Filed in Ohio

Understanding which types of monetary damages you can claim for a personal injury in Ohio requires understanding when a person can file personal injury claims. Let’s look at that first. Common Types of Personal Injury Cases

When Filing a Personal Injury Claim Is Possible

An accident victim’s right to demand monetary damages from the person or company that is responsible for inflicting an injury is spelled out in section 2305.10 of the Ohio Revised Code. The law is titled “Bodily injury or injury to personal property,” and it begins by explaining that anyone with claims arising from a traffic accident, a slip or fall, or an intentional act like an assault must file an insurance claim or civil lawsuit within two years of the date on which the injury occurred.

Ohio personal injury law also states that, for the purposes of seeking monetary damages, “’Harm’ means injury, death or loss to personal property.” In other words, the same rules that apply to personal injury cases also generally apply to wrongful death cases.

Medical malpractice claims must be filed within a year of the date on which the harm occurred or within a year of the date on which the harm was discovered. Since it can take years to clearly identify a missed diagnosis or surgical error as the cause of disability or death, starting the statute of limitations clock from the date of discovery can help a medical malpractice victim.

The statute of limitations for seeking personal injury damages from a company that made or sold a defective or dangerous product can extend to 10 years. Consulting with a knowledgeable Cleveland personal injury attorney will help victims know when they need to take legal action.

Who Can File Personal Injury Claims in Ohio

Typically, accident victims take legal action on their own behalf. State and federal laws, as well as the Sixth Amendment to the U.S. Constitution, guarantees the injured person’s right to obtain advice and representation from a Columbus personal injury attorney.

When the accident victim is incapable of completing paperwork or speaking for themselves in court, applicable laws allow legal executors to act for them. For instance, parents can file claims on behalf of children younger than 18 years of age, and family members can file claims for disabled or deceased victims.

What Can Be Claimed in a Personal Injury Case Filed in Ohio

People or businesses that cause personal injuries can be held liable for paying compensatory and punitive damages. Compensatory damages are further broken down into the categories of compensation for economic losses and noneconomic losses. Punitive damages are only available in certain cases.

Compensation for Economic Losses

These types of damages can be calculated directly. Items that fall into this category include

  • Medical bills
  • Expenses for therapy and ongoing health care or assistance with the activities of daily living
  • Lost wages
  • Loss of lifetime earning capacity
  • Repair or replacement of property

Ohio does not impose statutory limits, or caps, on the amount of economic damages that can be claimed or awarded.

Compensation for Noneconomic Losses

These types of damages can only be estimated, but they represent real harms inflicted by negligence or recklessness. Some noneconomic losses can only be claimed in wrongful death classes, so consulting with an experienced personal injury attorney can help clarify what options exist.

As listed in various sections of Ohio state law, plaintiffs in personal injury and wrongful death cases can claim compensatory damages for

  • Physical and emotional pain and suffering
  • Loss of society in no longer being able to maintain relationships or friendships
  • Loss of consortium in no longer being able to be intimate with a spouse or life partner
  • Loss of companionship in no longer being able to rely on the injured or deceased person just to be physically, mentally, and emotionally present
  • Loss of care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education such as a parent or caregiver would provide

Ohio caps noneconomic damage awards in most cases at the greater of $250,000 or three times the economic damages (typically up to $350,000).

Punitive Damages

In a personal injury case, punitive damages represent noncriminal penalties for recklessly or maliciously causing harm. Generally, only victims of drunk or drugged drivers and victims of defective products can claim punitive damages.

Receiving punitive damages requires going to court for a civil jury trial and proving that the defendant knew they could have prevented the harm but took no action to do so. Under current Ohio law, punitive damages are capped at twice the economic damages.

If you or a loved one suffered injuries or died in a preventable accident caused by someone else, you may have grounds for seeking monetary damages. Personal injury and wrongful death attorneys in the Columbus offices of Agee Clymer Mitchell & Portman are available for no-cost, no-pressure consultations.

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