When someone suffers an injury due to another party’s negligence, the personal injury victim is entitled to compensation to help pay for medical bills and out-of-pocket expenses related to the injury. However, in some cases, a state may limit just how much compensation one is able to receive. Ohio is one of the many states that has damage caps for a personal injury claim. As the caps limit the compensation amount that an injured person can recover from the at-fault party, this may prevent some injury victims from recovering the full cost of their damages from an accident.
Our Cleveland personal injury attorneys at Joseph Law Group are equipped with the knowledge required when dealing with damage caps in Ohio and are prepared to help you recover the maximum amount of economic damages and non-economic damages allowed under Ohio law. Call us at (216) 522-1600 today for your free consultation.
Is There a Cap on Personal Injury Damages in Ohio?
In 2005, Ohio implemented tort reform measures to limit certain damages in lawsuits. This reform placed caps on both non-economic damages and punitive damages in personal injury cases. Some other factors that may impact the available compensation in personal injury claims include insurance policy limits, any pre-existing injuries, and if the plaintiff is partially at-fault.
Damage caps don’t apply to cases where the state is the defendant, a personal injury case is brought against a political entity of the state, or the claim is the result of a wrongful death case.
What are Economic Damages?
Economic damages cover the losses that can be measured monetarily. This includes:
- Past, present, and future medical expenses related to the accident
- Rehabilitation expenses
- Lost wages during your recovery
- Lost income
- Loss of earning capacity
What are Non-Economic Damages?
Non-economic damages cover losses that cannot be measured monetarily, such as:
- Physical and mental pain and suffering
- Loss of consortium
- Permanent disability or disfigurement
- Loss of enjoyment of life
If death of a loved one is the result of an accident, the surviving family members may be able to pursue economic and non-economic damages caused by death, such as:
- Funeral expenses
- Burial expenses
- Final medical expenses
- Loss of support
- Loss of services
- Loss of consortium
- Loss of companionship
What are Punitive Damages?
Punitive damages are considered punishment to the defendant for their reckless behavior and are typically rewarded at the discretion of the jury. The jury sends a message to the defendant that the regular compensation amount is not enough to make up for what they’ve done. Punitive damages typically occur when corporations or large companies turn a blind eye or consciously dismiss human life.
Cap for Economic Damages in Ohio
While economic damages are not subject to caps, Ohio limits non-economic damages to accident victims. For example, there are no damage caps on the medical expenses that you can recover after a car accident. However, there is a limit on what you can expect for the mental suffering that is a result of the accident.
Cap for Non-Economic and Punitive Damages in Ohio
Ohio limits the amount of compensation you can recover for noneconomic damages to $250,000 or three times your economic damages, which is set at a maximum of $350,000 per person and $500,000 per accident. However, there is an exception in cases where the victim has suffered catastrophic injuries.
Limitations on non-economic damages do not apply when the victim has sustained a permanent and substantial physical deformity, such as a lost limb, a permanent physical injury that prevents them from caring for themselves, or the loss of a bodily organ system.
Punitive damages are capped at a rate that is twice the value of compensatory damages. Although, if the defendant is a that of a small employer or individual, the punitive damages are limited to ten percent of the net worth up to a maximum of $350,000.
Injured Due To Another’s Negligence? Call the Cleveland Personal Injury Attorneys at Joseph Law Group Today
If you’ve been injured due to another person’s negligence, give the experienced personal injury attorneys at Joseph Law Group a call. Our Cleveland, OH attorneys have extensive experience litigating personal injury cases and helping our clients receive the justice they deserve. Our attorneys are well-versed in the damage caps in Ohio and can guide you through your case with ease. Call Joseph Law Group at (216) 522-1600 today for your free consultation.
