How is Pain And Suffering Calculated in Ohio?

Post By Corey Heit

Following an accident where you have suffered injuries through no fault of your own, you are entitled to compensation for said injuries and related losses like lost income and pain and suffering.

And for certain losses, like pain and suffering, you may wonder how much money you can get from a car accident for pain and suffering in the aftermath.

We answer that and a few related questions below to help you better understand what a pain and suffering settlement may look like.

What Kind of Compensation is Available Following a Car Wreck?

Oftentimes you will receive two different kinds of compensation from a settlement – economic and non-economic.

Economic losses are typically defined as things like:

  • Lost income (both present and future)
  • Cost of medical care and treatment
  • Property losses
  • Lost or destroyed capacity to earn

Non-economic damages are defined by the American College of Surgeons as compensation for “subjective, non-monetary losses” such as:

  • Pain and suffering
  • Emotional distress
  • Loss of society and companionship
  • Loss of enjoyment

Pain and suffering is considered to be a non-economic loss – meaning that it is not something that has a 1-to-1 monetary value such as an economic loss like lost income.

Can You Sue for Pain and Suffering in Ohio?

Yes, you can sue for pain and suffering in Ohio.

After a car accident, you are able to seek compensation from the liable party that caused your injuries.

Typically pain and suffering will be included in your overall personal injury lawsuit that you file following a car accident. So, when you file a personal injury lawsuit, pain and suffering will be an element of the lawsuit that you and your lawyer will be able to include related to other losses you have suffered.

How Much Can You Get Out of Pain and Suffering?

This is a question that a lot of people ask. There is never really an exact answer to provide because the way pain and suffering is determined varies in each and every case.

Since pain and suffering are non-economic losses, it can be fairly difficult to place a certain monetary value on it.

Pain and suffering compensation will be determined based on a number of factors meant to compensate for what was lost. And while there is no exact amount of financial compensation that we can pin down, the amount you receive can be greatly impacted by the severity of your injuries.

If you have further questions about how pain and suffering are handled in Ohio, consult with an experienced Columbus car wreck attorney.

How Much is Pain and Suffering in Ohio?

As discussed above, there is no set amount of pain and suffering that can be established.

But something important to note about pain and suffering that is specific to Ohio is the fact that under Ohio law, there is a cap amount for car wreck settlement pain and suffering in certain circumstances.

In Section 2315.18 of the Ohio Revised Code, it is laid out that the amount of compensation for the non-economic loss that can be recovered can be capped depending on the situation.

For example, for injuries the cap for non-catastrophic injury damages is at $250,000 or 3 times the economic damages awarded; whichever is the greater number will be used.

What is the Formula for Pain and Suffering?

While there is no way to know how much an insurance company may determine your pain and suffering to be worth until the settlement or lawsuit process is underway, there are some important pieces of evidence that will be considered in calculating pain and suffering.

Evidence that will be reviewed includes:

  • Medical records
  • Bills that tie to your medical needs including physical and mental health
  • Photographs of your injuries and the accident
  • Statements from family and friends on the impact the accident has had
  • Your own written account of the accident and injuries

This evidence will be key during the settlement process.

Consult with a Car Wreck Attorney for Pain and Suffering Assistance

While we have answered a few questions about seeking a car wreck settlement for pain and suffering here, you may find yourself with more that pertain to your individual case. For further guidance on your specific car wreck settlement, reach out to Heit Law, LLC today.

Corey Heit handles all types of accident cases and is ready to help guide you through the process of seeking a settlement for pain and suffering following an accident.

You can contact us online or over the phone at 614-898-5300 to schedule a free consultation with Corey Heit today.

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