Can I Get Compensation for Pain and Suffering After a Car Accident?
The Ohio Department of Public Safety (ODPS) collects data on car accidents in Ohio. In 2015, there were more than 300,000 car accidents in the state. Collectively, these crashes led to at least 108,394 injuries, many of which were very serious.
All Ohio car accident victims have the right to hold the negligent party responsible. That means victims may seek compensation for pain and suffering. This includes recovery for pain and suffering.
You Must Prove Your Pain and Suffering Damages
Personal injury victims can only recover compensation if they can prove their damages. If you are unable to support the value of your losses with compelling evidence, then the insurance company (and the courts) will not award you the compensation that you are seeking. For some types of damages, the documentation is straightforward. For example, say you received a large medical bill due to treatment after your crash. Afterward, that bill will itself be ‘documentation’ of your damage. The medical bill is evidence. However, pain and suffering is a non-economic (intangible) loss. Establishing the true value of that loss can be far more challenging. To protect your claims rights, it is imperative that you get an experienced Cleveland auto accident attorney. You’ll want to talk to someone as soon as possible after your crash.
Ohio has Damages Caps for Non-Catastrophic Injuries
Under Section 2315.18 of the Ohio Revised Code, personal injury claims are subject to certain damage caps. Specifically, claims involving ‘non-catastrophic’ injuries. The state limits non-economic damages, including your pain and suffering damages to:
$250,000 or three times your total economic damages, whichever figure is greater.
Further, your recovery for pain and suffering is limited to a maximum of $350,000 total. This cap only applies to cases where the victim sustained ‘non-catastrophic’ injuries. If you or a loved one suffered a catastrophic injury, such as loss of limb or paralysis, you can seek additional compensation for your pain and suffering.