If you’ve been injured in an accident caused by someone else, you could be entitled to compensation for all of your losses or damages. There are two categories of damages available to Ohio accident victims: compensatory and punitive damages.
While compensatory damages are available in all cases, punitive damages are not commonly awarded. To help you determine whether you’re entitled to punitive damages, here’s an overview of Ohio punitive damages laws.
What are the Differences Between Compensatory Damages & Punitive Damages?
Compensatory damages are awarded in personal injury cases to compensate victims for their losses. Their aim is to make victims “whole.”
Compensatory damages reimburse victims for economic damages and non-economic damages. Examples of compensatory damages in Ohio include:
- Medical bills
- Home care and nursing care
- Long-term nursing care
- Lost wages and lost income
- Lost earning capacity
- Property damage
- Decreased quality of life
- Mental anguish and emotional distress
- Pain and suffering
- Disfigurement and scarring
In contrast, punitive damages are not intended to compensate the plaintiff. Instead, they’re used to:
- Punish the defendant for bad behavior
- Deter the defendant from repeating their bad conduct
- Deter others from engaging in similar conduct
When Are Punitive Damages Awarded in Ohio?
Before bringing a claim for punitive damages, a plaintiff must first successfully bring a claim for compensatory damages. After being awarded compensatory damages, a plaintiff can seek punitive damages.
To successfully bring a claim for punitive damages in Ohio, the plaintiff must show, with clear and convincing evidence, that the defendant:
- Acted with malice or aggravated or egregious fraud OR
- Knowingly acted, participated in, or ratified actions or omissions of an agent that were malicious or egregious
This is a high bar for plaintiffs, and Ohio courts rarely award punitive damages. That said, they can be awarded in all types of personal injury cases, including:
- Car accidents
- Truck accidents
- Medical malpractice cases
- Bicycle accidents
- Construction accidents
- Wrongful death cases
Cases involving punitive damages are complicated, and plaintiffs have a high bar to meet to recover punitive damages in Ohio. A personal injury lawyer can help you determine whether you should seek punitive damages and can help build a case to support your claim.
What is the Ohio Cap on Punitive Damages Awards?
Ohio law limits the amount of punitive damages that courts can award. Punitive damages cannot be more than twice the amount of compensatory damages.
There are additional limits if the defendant is an individual or small business.
For these defendants, punitive damages cannot exceed the lesser of twice the amount of punitive damages or 10% of the defendant’s net worth, up to a maximum of $350,000.
If attorney fees are included in the punitive damages claim, they do not have to be considered in the capped amount.
How Can a Personal Injury Lawyer Can Help With Your Punitive Damages Claim?
While punitive damages are not commonly awarded in Ohio, there are some personal injury cases where they apply. If you’ve been injured as the result of malicious or egregiously fraudulent conduct, you could be entitled to punitive damages.
A personal injury lawyer can help you recover punitive damages by:
- Evaluating your case to see whether punitive damages are applicable
- Investigating your case to support your claim for compensatory and punitive damages
- Gathering evidence to support your damages
- Working with expert witnesses to calculate and document damages
- Negotiating with insurance companies and opposing counsel to get a fair settlement that includes compensatory and punitive damages
Cases involving punitive damages are complex. An experienced Columbus personal injury lawyer can help you navigate the process and ensure you get the compensation you deserve.
Schedule a Free Consultation With a Columbus Personal Injury Lawyer Today
If you or a loved one are navigating a personal injury in Columbus, consult with a Mani Ellis & Layne Accident & Injury Lawyers personal injury lawyer. Contact us at (614) 858 3918 to schedule a free consultation.
