Car crashes can be a traumatic experience that often leaves victims with physical and emotional scars. In addition to medical bills and property damage, many car accident victims may also suffer from PTSD, mental anguish, and emotional trauma. But how do you determine the amount of compensation you should seek for your pain and suffering in Ohio? Is there a limit on how much you can receive?
This article will explain everything you need to know about seeking compensation for pain and suffering after a car wreck. Plus, we’ll show you why hiring an experienced Ohio car accident lawyer is crucial in winning fair compensation.
What Are Pain and Suffering Damages?
Pain and suffering damages refer to the physical and emotional distress a person experiences after an accident. This can include chronic pain, anxiety, depression, or loss of enjoyment in life. Unlike medical bills or property damage, pain and suffering damages are not easily quantifiable.
It’s important to note that every case is unique when it comes to calculating pain and suffering damages. Factors such as age, occupation, severity of injuries all play a role in determining compensation for this type of damage.
However, there are three methods all Ohio car accident lawyers rely on in evaluating our clients’ pain and suffering damages.
1. The Per Diem Method
The per diem method is one of the two common ways to calculate pain and suffering damages after a car accident in Ohio. This method calculates a daily rate of compensation for every day that you suffered pain and emotional distress due to the accident.
To use this method, your attorney will multiply your daily rate by the number of days you have suffered from your injuries. The amount awarded will depend on factors such as the severity of your injury, recovery time, and how much pain you experienced.
The per diem method can be an effective way to determine the value of non-economic losses like emotional distress or loss of enjoyment of life. However, it may not always be easy to accurately estimate these losses.
2. The Multiplier Method
When it comes to determining the amount of compensation for pain and suffering after a car accident in Ohio, one method commonly used is the multiplier method. This approach involves multiplying your total economic damages, such as medical bills and lost wages, by a certain number.
The multiplier number will depend on various factors related to your case such as the severity of your injuries and how they have impacted your life. For example, if you suffered severe injuries that have caused permanent disability or chronic pain, the multiplier may be higher.
On the other hand, if you sustained minor injuries with no long-term effects on your health or daily activities, then the multiplier may be lower. The goal is to arrive at a fair settlement amount that takes into account both economic and non-economic damages.
While this method can be effective in estimating compensation amounts for pain and suffering after an auto accident in Ohio, it’s important to work with an experienced car accident lawyer who understands how to apply this formula accurately. They can help ensure that all relevant factors are considered when calculating damages so that you receive maximum compensation allowed by law.
Seeking the Maximum Compensation Allowed by Law
Finally, an experienced Ohio car accident lawyer can determine your pain and suffering damages as the maximum amount allowed by law. It is important to know that, unlike non-economic damages, our state places a cap on the maximum amount you can seek in non-economic damages.
In cases where our client suffered severe injuries with a long-term impact on their quality of life, the lawyer will opt for this method of calculating damages.
Ohio Caps on Pain and Suffering Damages
Ohio caps on pain and suffering damages are laws that limit the amount of compensation a car accident victim can receive for their non-economic losses. This means that you cannot seek an unlimited amount of money for your emotional distress, mental anguish, or physical pain.
The current cap in Ohio is the greater amount between:
- Three times the value of the economic damages.
It is essential to understand that this cap applies only to non-economic damages such as pain and suffering. As explained above, economic damages like medical expenses and lost wages do not have a cap limit set by law.
If you’re seeking maximum compensation after a car accident in Ohio for your non-economic losses such as pain and suffering or emotional distress due to someone else’s negligence behind the wheel – having an expert attorney by your side can make all the difference!
There Is an Exception to the Pain and Suffering Damages Cap
Ohio legislators understand that there are situations when an accident victim deserves significant compensation for pain and suffering. Thus, the law includes an exception to the cap.
There are no limitations to the amount in pain and suffering which an Ohio car accident lawyer may seek if the crash left you:
- With a permanent and substantial physical deformity, such as loss of limb or loss of a bodily organ system
- With a permanent physical injury which prevents you from caring for yourself independently.
These are the most severe types of injury, and an experienced Ohio car accident lawyer will fight to win a sufficient amount of money to cover your needs for long-term care and compensate you for the permanent loss of ability to enjoy life.
Let an Experienced Ohio Car Accident Lawyer Win Your Fair Compensation!
Pain and suffering damages can be a significant part of your compensation after a car accident in Ohio. The amount you can seek depends on various factors, such as the severity of your injuries and the method used to calculate them.
However, navigating these legal waters alone can be challenging, especially when dealing with insurance companies that will try to pay you less than what you deserve. That’s why it’s crucial to consult an experienced Ohio car accident lawyer who understands the system well enough to fight for your rights.
A skilled attorney can help you gather evidence, negotiate with insurers and maximize your compensation while taking into account any applicable caps or exceptions.
Therefore, if you’ve been injured in a car crash in Ohio and need help seeking fair compensation for your pain and suffering damages, you will need professional legal representation. We offer each new client a free case review, so you don’t have to worry about any extra expenses.