Ohio car accidents leave in their trail various damages. The law requires that the at-fault party compensate the other driver for the injuries they suffered in the collision. The compensation paid is often for the economic damages the accident caused. However, in Ohio, you can also receive compensation for non-economic losses such as pain and suffering.
Most people face the challenge of quantifying and calculating these non-economic losses. An excellent Ohio car accident lawyer will ensure that you accurately estimate the compensation due to you for your pain and suffering from an accident.
What Is Pain and Suffering?
Pain and suffering have no exact legal definition. However, we can understand the words to mean any physical pain and emotional or mental distress following an accident. Suppose you suffered a leg injury in an accident. In that case, you can claim for any discomfort you feel in that leg. Through a claim, you can recover damages for:
- Physical pain and aches
- Reduced life expectancy and quality of life
- Physical limitations
- Depression, anxiety, bad sleeping and eating habits
3 Ways of Calculating a Pain and Suffering Settlement
Pain and suffering are intangible damages, so they aren’t easy to calculate like other types of injuries. However, below are three acceptable means of determining the value of a claim in Ohio.
- The Multiplier Model
The most popular method insurance companies use in calculating damages in a claim is the multiplier approach. In this method, you multiply the total value of your economic losses (usually medical bills and loss of earnings) by a number. This number ranges from one to five.
For instance, if the sum of your economic losses is $10 000, it will be multiplied by 3, making the value of your pain and suffering settlement $30 000. Some factors determine the number the insurer or judge uses to multiply your economic damages.
These factors include:
- The severity of your injuries,
- Your recovery prospects
- The at-fault party
- The impact of the injury on your life activities
- Similar settlements and judgments
- The Daily Rate Method
With the per diem (daily) method, you get a definite dollar amount for every day you live with your pain from the accident. You can then multiply this amount by the number of days you endured the pain.
This method is especially suited for situations where the insurance adjuster unreasonably drags out the settlement negotiation. It will most likely motivate your insurer to settle the claim quickly.
It is often challenging to justify the daily amount. One approach that guarantees that you reach a reasonable figure is to use your daily earnings. For instance, if you earn $100/day, after a hundred days, your pain and suffering claim should be worth about $10 000.
- Ohio Recovery Limits on Non-Economic Damages
The last formula for calculating pain and suffering in Ohio is to demand the law’s maximum payable amount. Pain and suffering are listed under Ohio’s non-economic damages, subject to the money cap for such losses.
The maximum amount payable for pain and suffering is $250 000, or the total amount of your economic damages multiplied by three. This money cap will be inapplicable where the victim’s injury prevents them from taking care of themselves, results in a permanent deformity or the loss of a limb and its function.
Establishing Pain and Suffering
Proving pain and suffering isn’t exactly straightforward. You will have to rely a lot on medical evidence and experts. Furthermore, it would also be best to record your medical history following the accident. Sources of evidence for pain and suffering include:
- Prescription records for pain medication
- Opinions of medical personnel
- The testimony of your painful journey following the accident
- Testimony of family and friends who have observed how the accident affected you for some time
Ohio Car Accident Lawyers Can Get You Compensation for Your Pain and Suffering
Suppose you’ve been in an accident that has caused you significant pain and emotional suffering; the at-fault driver should compensate you for your distress. Calculating the compensation due to you may look easy, but the tricky part is collecting it. That is why you need the best car accident lawyers in Ohio.
Our law firm has built its purpose around getting compensation for Ohio car accident victims, and we have done this for many years. We are confident that we can get you a fair settlement if you let us represent you. Call us today for a consultation on your case.