Can You Sue for Pain and Suffering in Ohio?

Post By Corey Heit

When you have been injured in an accident due to someone else’s negligence, you are able to seek financial compensation for your injuries and losses. Compensation that you might receive from a personal injury claim can include a few different things, including medical expenses and lost income.

Both medical expenses and lost income are considered to be economic damages, which are damages where an exact financial amount can be applied.

Other damages may fall under the non-economic umbrella, which are damages that do not have a clear financial value. Pain and suffering falls under this category.

Below, we answer a few questions about if you can sue for pain and suffering in Ohio and how pain and suffering may be calculated.

Can You Sue for Pain and Suffering?

The short and long answer here is yes, you can sue for pain and suffering in Ohio if you have been injured in an accident due to another person’s negligence.

In any personal injury case, you will need to be able to establish that the liable party’s actions contributed to your injuries and associated losses, including your pain and suffering. Establishing that liability is done by showing that the responsible party:

  • Owed a duty of care
  • That they breached that duty
  • That their breach caused or contributed to your injuries and losses

Pain and suffering are the physical and mental pain that can result from an accident. So, just as with other injuries and losses, you have the right to seek compensation for pain and suffering after an accident.

How Much Money Can You Sue for Pain and Suffering?

The amount of financial compensation that you may receive for pain and suffering will vary case to case. Typically, the more severe your injuries, the higher the settlement you can expect. But there is no general range we can provide since each case and claim will be different.

One thing to note is that Ohio has a cap on non-economic damages. That cap is set at $250,000 or three times the amount of an individual’s economic damages – whichever is the greater amount of the two.

There is a maximum amount of $350,000 per individual and $500,000 per case.

If you have questions about the cap related to your case, please consult with a Columbus pain and suffering lawyer.

How Much Do Insurance Companies Pay for Pain and Suffering?

The amount that insurance companies will offer to pay for pain and suffering will differ depending on the details of the case. Details like the type of injuries you have, the severity of your injuries, and the resulting pain and suffering will be used to determine the amount that an insurance company will offer.

Working with a lawyer for pain and suffering in Columbus, Ohio can help ensure that you are offered a fair amount.

How Do You Calculate Pain and Suffering?

Pain and suffering can be calculated in a number of different ways, depending on the insurance companies involved and their preferred methods to calculate that information. And while we cannot speak to specific ways that insurance companies may calculate pain and suffering, we can look at the information that will be used to help establish your pain and suffering.

Insurance companies will look at some of the following to help calculate a financial value related to your pain and suffering:

  • Medical bills
  • Medical records
  • Photos and other documentation of your injuries
  • Photos and videos of the scene of the accident
  • Receipts and other financial records associated with your injuries and pain and suffering
  • Testimony from family members, friends, and even coworkers who can speak on how you have been affected
  • Your own testimony

The above is not a fully exhaustive list of what might be considered when calculating pain and suffering, but it does give a better idea of what insurance companies may look at.

Further Questions? Speak with a Lawyer for Pain and Suffering in Columbus, OH

If you or a loved one has been involved in an accident caused by another person’s negligence, you may have grounds for a personal injury claim. You may also find yourself with specific questions following the accident, such as how much money you can sue for pain and suffering and other related damages.

Speaking with a Columbus pain and suffering lawyer should be your next step! Here at Heit Law, LLC, Corey Heit offers free and confidential consultations. He can look over the details of your case and explain your rights to you in terms of pursuing compensation.

To schedule a consultation with our lawyer for pain and suffering in Columbus, Ohio, feel free to call us at 614-898-5300 or by contacting us online.

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