When someone gets injured due to someone else’s negligence, they can file a personal injury claim against the responsible party. Personal injury claims are a way to recover compensation for various damages, including both economic and non-economic damages. Economic damages refer to the tangible losses incurred by the victim, such as medical bills, lost wages, and property damage. On the other hand, non-economic damages refer to intangible losses, such as pain and suffering.
Understanding what pain and suffering damages entail is critical in Ohio, as it can make a notable difference in your personal injury claim. Let’s dive deeper into pain and suffering damages and how they are calculated.
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What are Pain and Suffering Damages?
Pain and suffering damages (compensatory damages) are awarded in personal injury cases that result in non-economic losses. Non-economic losses include all physical and emotional pain and suffering caused by an accident. For instance, a victim of a car accident may recover compensation for:
- Physical pain and suffering
- Emotional distress
- Disfigurement
- Disability
- Loss of enjoyment of life
In Ohio, there is no specific formula to calculate non-economic damages. The process involves examining evidence and data provided by the plaintiff to estimate the extent of the losses.
Factors Affecting Pain and Suffering Damages
Several factors are used to assess the worth of pain and suffering damages. They include:
Severity of Injury
The more severe the injury, the higher the claim for pain and suffering damages. Ohio courts generally understand that more severe injuries result in more physical and emotional distress.
Type of Injury
Different types of injury cause varying degrees of pain, suffering, and impairment. The category of injury is a crucial factor in determining the amount of compensation a victim can recover.
Length of Recovery
The duration of recovery dictates the level of agony and emotional distress the injured party goes through. Victims must prove that their recovery period is extensive enough to warrant pain and suffering damages.
Pre-existing Conditions
Pre-existing conditions, health issues, or injuries before the accident can reduce the amount of compensation. Insurance companies tend to argue that the victim’s pain and suffering stem from their pre-existing condition and not from the accident.
Impact on Daily Life
The court will consider how the injury affects the victim’s daily life. Activities they enjoyed before the accident, like playing sports or hobbies, can strengthen a claim for pain and suffering damages.
Proving Pain and Suffering Damages
Evidence and documentation are essential in determining appropriate pain and suffering awards. To recover such damages, it’s necessary to prove that the injury resulted in physical or emotional issues that have negatively impacted your quality of life. Fortunately, several means of proving pain and suffering damages exist, including:
- Medical documents: These include medical records, prescriptions, x-rays, and MRI scans. They are critical in showing the type and extent of injury sustained.
- Witness Testimony: Eyewitnesses can provide testimony to establish the severity and extent of the injury.
- Expert Testimony: Experts, such as accident reconstructionists, can use scientific information like skid marks, property damage, and car data to demonstrate the severity of an injury.
- Diaries and Records: Keeping a diary or record of pain symptoms is useful in establishing the extent of pain and suffering.
Consult a Personal Injury Lawyer
It can be challenging to determine the appropriate value of pain and suffering damages, especially without legal expertise. An experienced Ohio personal injury lawyer can help you understand the ins and outs of pain and suffering damages and how they affect the overall value of your claim.
In conclusion, personal injury claims can be challenging, especially for those seeking pain and suffering damages. It’s always best to consult an expert personal injury attorney who can guide you through the process and help you recover appropriate compensation for your losses.