If you were injured in a slip and fall, car accident, or some other type of accident, the at-fault party may be liable for your injuries.
You may be able to recover compensation for your losses in the form of damages. There are two main types of damages available to personal injury victims: economic and non-economic damages.
To discuss the potential damages in your case, contact an experienced personal injury lawyer. Continue reading to learn more about non-economic damages in Ohio.
What Are Non-Economic Damages in Ohio?
Damages are intended to compensate personal injury victims for their losses suffered as a result of the accident. The primary categories of damages are economic damages and non-economic damages.
Economic damages relate to the financial costs of an accident or injury. They include past and future medical costs, lost wages, property damages, loss of earning potential, and other out-of-pocket expenses.
Non-economic damages, on the other hand, relate to the other costs of an accident or injury. They are often emotional or psychological in nature. Due to their subjective nature, non-economic damages can be harder to calculate than economic damages. However, they can amount to a significant portion of your overall financial award.
Common Types of Non-Economic Damages in Ohio
Ohio residents may be able to recover the following types of non-economic damages:
Pain and Suffering
Damages for pain and suffering are meant to compensate injured victims for the physical and mental suffering caused by their injuries.
Emotional Anguish
Damages for emotional anguish may include anxiety, depression, sleep loss, embarrassment, and grief, which an accident victim might experience.
Loss of Quality of Life
In some cases, an accident victim is unable to engage in and enjoy the hobbies or other activities they once enjoyed. For example, someone who once enjoyed playing basketball regularly may be unable to do so. These changes are referred to as loss of quality of life.
Loss of Consortium
Loss of consortium means that, because of one’s injuries, one’s loved ones are deprived of the companionship, affection, support, or sexual relations that existed prior to the accident.
Is There a Limit on Non-Economic Damages in Ohio?
Yes. Ohio limits non-economic damages to the greater amount of $250,000 or three times the amount of a plaintiff’s economic damages. However, non-economic damages are also capped at $350,000 if there is one plaintiff or $500,000 per incident if there is more than one plaintiff.
There is no cap on non-economic damages in cases where the plaintiff suffered from one of the following:
- Permanent and significant physical deformity
- Loss of the use of a limb
- Loss of bodily organ system
- Permanent physical functional injury that prevents the victim from being able to independently care for himself or herself and perform life-sustaining activities
These caps do not apply in cases where the State is the defendant or wrongful death cases.
Who Is Eligible To Receive Non-Economic Damages in Ohio?
Not every Ohio resident who is injured in an accident can recover damages. You must have been injured in an accident that was caused by someone else’s negligent conduct.
To succeed in your case and prove that the defendant’s conduct was negligent, a plaintiff must prove the following four elements:
- The defendant had a duty of care;
- The defendant breached that duty of care;
- The plaintiff suffered injuries; and
- The defendant’s actions were the direct and proximate cause of the plaintiff’s injuries.
Even if a plaintiff can prove these elements, there are other factors that may impact their ability to recover damages. For example, if the plaintiff was partly to blame for the accident, they may be prohibited from recovering damages, or their damages may be reduced.
Is There a Deadline for Pursuing Non-Economic Damages?
Each state provides a deadline for filing a personal injury lawsuit, which is known as the statute of limitations. In Ohio, personal injury victims generally have two years within which to file their case. If your case isn’t filed on time, your ability to recover economic and non-economic damages will be hindered.
Many cases will settle before a case proceeds to the filing of a lawsuit or to trial. Nonetheless, it’s crucial to be aware of the filing deadline in your case.
How a Columbus Personal Injury Lawyer Can Help You Recover Non-Economic Damages
An experienced Columbus personal injury lawyer can guide you through the personal injury claim process and fight for damages on your behalf.
A personal injury attorney may take the following steps in your case:
- Investigate your case
- Contact the insurance company to negotiate a settlement on your behalf
- Gather evidence to support the extent of your injuries
- Hire expert witnesses to bolster your claims
- Take your case to civil court, if necessary
- Ensure that your lawsuit is filed on time.
Hiring a knowledgeable personal injury lawyer to focus on your case will also give you more time to focus on your recovery.
Contact a Columbus Personal Injury LawyerTo Discuss Your Non-Economic Damages Claim Today
If you were injured in a personal injury accident in Columbus, OH, caused by someone else’s negligence, you may be able to recover compensation for your injuries. Reach out to an experienced personal injury attorney to discuss the potential economic and non-economic damages in your case.
Contact our office today to schedule a free consultation.
