People who have been injured in an Ohio personal injury case usually question what types of damages they can seek to financially recover while they recover physically, emotionally, and mentally. In Ohio, there are primarily three different types of money damages that you can sue for with a personal injury claim.
In our article, we will discuss these different damages and the evidence you need to claim them. We have done this because, at The Henry Law Firm, we care about those who have been injured and sustained damages because of someone else’s negligence or misconduct.
Although there are other damages you could potentially sue for, we have listed the most common damages often sought during personal injury claims. If you have a personal injury case and need assistance filing your claim and don’t know what damages you can seek, you should call for a free consultation with our law firm.
Here are the basics of the Ohio damage categories:
- Economic Damages
Economic damages are always the easiest to recover. Unlike other damages, economic damages are far easier to calculate with help from your attorney. If you have suffered physical injuries or damages, you will claim economic damages when filing a lawsuit against a negligent party.
Economic damages will help to relieve your financial burdens since the compensation is directed to your financial losses. Usually, economic damages are calculated on the fair market price when your accident occurred. Some of the economic damages you could claim to include:
- The costs associated with living with a disability
- Past and future medical expenses
- Loss of income, both past, and future.
- Property damage
- Personal care costs
- Funeral costs
Economic damages are any expense or bill you have incurred (or will incur) as a result of your injury.
2. Non-Economic Damages
Non-economic damages are harder to assess because they are not easy to assign a monetary value to. This is because they can encompass many things that are not visible, like pain and suffering.
Essentially non-economic damages are less tangible losses resulting from your injury. Some of the non-economic damages you could seek to include the following:
- Pain and suffering
- Loss of reputation
- Mental distress
- Loss of companionship
- Loss of enjoyment of life
In addition, Ohio has laws that limit the amount of non-economic damages you can recover depending on the specifics of your case. Since non-economic damages are challenging to navigate, it’s best to have a lawyer help you calculate them. A skilled Ohio personal injury attorney can evaluate your personal injury case and determine what non-economic damages you can claim and what monetary value you can assign them.
3. Punitive Damages
Punitive damages are not often awarded in Ohio, but they are appropriate when a defendant has injured you after acting with a conscious disregard for your safety. Unlike economic and non-economic damages – which are designed to compensate you for your losses – punitive damages are designed to punish the wrongdoer for malicious conduct.
For example, if a person intentionally cut your car’s brake lines in the hopes that you would get into an accident, this behavior would count as wrongful and despicable. In addition to this example, some of the other acts that could be deemed atrocious enough for punitive damages include:
- Drunk Driving
- Sexual assault
- Battery
- Child abuse
Punitive damages must typically be awarded by a jury following a trial in your case. You are also able to recover your attorneys’ fees if you are awarded punitive damages.
What Evidence Do You Need To Obtain Damages When Filing A Personal Injury Case?
If you hope to obtain any of the damages we spoke about above, you will need evidence to prove your damages (just like you must prove the defendant is at fault). Below are some of the evidence you will need to win compensation.
- Testimony from experts: Getting testimonies from expert witnesses will strengthen your case because they can give professional insight that will make your claim more valid. For example, a medical doctor is an expert witness who can testify that your injuries were caused by the accident you were involved in. In addition, an expert witness can help others (like a jury) fully understand the specifics of your case.
- Videos and photographs: Taking photos and video footage of your injuries, other damages, and the accident scene are crucial to building a case that could win. Photos and video footage can help show that your injuries were sustained in the accident. It can also show that someone else’s negligence caused your accident.
- Eyewitness statements: If you aren’t too injured at the scene of the accident, you must get the contact information and statements of eyewitnesses. With eyewitness statements backing up your claims, you won’t need to worry about a situation where it’s your word against someone else’s.
- Medical records: Your medical records show that your injuries were caused by the accident you were involved in. Medical records can prove that you require special equipment, counseling, and rehabilitative care. With medical records, you can claim back for the medical expenses you incurred because of your accident.
Get In Touch With An Ohio Personal Injury Attorney Today To Discuss Your Case
If you have recently been involved in an accident and would like to file a personal injury case to receive compensation for your emotional, physical, and mental injuries, you should speak with an Ohio personal injury lawyer.
At The Henry Law Firm, our team can help you determine which damages you could seek depending on your case circumstances. We can also increase your chances of building a strong case by gathering the evidence you need to gain a fair settlement. Get in contact with our Ohio firm today for a free case evaluation. We’re eager to help you.