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Receiving Compensation For Personal Injury Expenses

Personal injury lawsuits can sometimes be the only way for an injured person to seek compensation that covers the real losses he suffers as a result of negligence caused by another person. In some cases, the party at fault may have insurance that offers to pay part of the expenses the injured person suffers, but insurance payments may not always cover all the injured person loses.

Generally, there are two main categories under which an injured person filing a personal injury lawsuit can be compensated in Ohio. An injured person may be compensated for economic and non-economic damages; together these are known as compensatory damages.

Compensatory Damages

Economic damages refer to financial damages such as:

  • All loss of income that results from the injury or loss that leads to the lawsuit;
  • All medical expenses resulting from the injury or loss, including treatment and rehabilitation and any needed products and accommodations; and,
  • Any other expenses the injured person suffers.

Note that attorney’s fees are not included in the definition of economic loss.

Non-economic damages apply to losses that are less quantifiable and can be more difficult to prove. Non-economic losses are non-financial losses that include pain and suffering, disfigurement or permanent disability, mental anguish, loss of society or companionship, and similar claims.

Statutory Limits on the Amount Received

While the law allows the injured person to recover for all their economic damages proven at trial, there are certain limits for the amount of non-economic damages a person can receive. Under the law, non-economic damages are generally capped at either $250,000 or three times the amount awarded in economic damages, whichever amount is greater.

There are some exceptions to the cap on non-economic damages where the injured person suffers injuries that result in permanent disability or the loss of a limb or organ, and cases in which the injury leaves the injured person incapable of independently taking care of themselves or carrying out life-sustaining activities.

In some cases, if the judge or jury hears the case and awards the plaintiff other damages, and finds the defendant to have acted maliciously or fraudulently, the judge or jury may “punish” the defendant by ordering the defendant to pay an additional sum of money known as punitive damages. As with the compensatory damages discussed above, there are limitations on the amount that can be awarded in punitive damages.

The best way to assess your case is to consult with an experienced attorney who can walk you through all the different considerations that you need to weigh in your case. Additionally, an experienced attorney can guide you on what documentation and evidence you need to gather in order to ensure you receive all the compensation you deserve.

Contact a Columbus Personal Injury Attorney

If you have been injured as a result of another person’s negligence, you need an experienced personal injury attorney to handle your claim while you concentrate on recovery. Contact Columbus personal injury attorney Ed Schottenstein of the Schottenstein Law Offices. Put Ed and his dedicated and experienced staff to work for you! Call TODAY at (614) 467-8474 to schedule your free and confidential consultation.