After a car accident in Ohio, you may be able to recover compensation for medical bills, lost wages, property damage, pain and suffering, and other losses caused by the crash. These losses are known as Ohio car accident damages, and understanding what you may be entitled to recover can help ensure your settlement reflects the full scope of your losses.
At Lawrence & Associates Accident and Injury Lawyers, LLC, our Cincinnati car accident attorneys can help you understand what damages may be available and what is needed to pursue the compensation you deserve.
Damages in Ohio Car Accident Claims
In legal terms, damages refer to the compensation an injured person may seek to recover after a car accident. These damages are intended to address both the financial losses caused by the crash and the personal harm that does not come with a fixed dollar value.
Ohio is an at-fault state for car accidents. This means the driver who caused the collision is financially responsible for the losses suffered by others. Injury victims typically pursue recovery through the at-fault driver’s insurance company or, in some cases, through a lawsuit. To recover damages, the injured person must show that the other driver’s negligence caused the crash and the resulting losses.
Video Transcript
In a motor vehicle collision, you can recover damages for medical billing, lost wages or lost earning capacity, pain and suffering, or loss of consortium, which is a claim that belongs to a spouse or to parents or children of someone that’s injured.
Types of Economic Damages in Ohio Car Accident Cases
Economic damages are the financial losses tied directly to your car accident and injuries. These are the costs that show up on bills, pay stubs, and repair estimates. The purpose of economic damages is to help cover the real expenses and income losses caused by the crash.
Ohio does not place a general cap on economic damages in car accident cases. That means you may seek compensation for the full amount of your proven financial losses.
Medical Expenses
You may be able to recover compensation for all medical care related to your injuries, including emergency treatment, hospital stays, surgeries, doctor visits, prescriptions, physical therapy, rehabilitation, and any future care your injuries may require.
Lost Wages and Lost Earning Capacity
If your injuries prevented you from working, you may seek compensation for the income you lost during your recovery. If your injuries limit your ability to return to your former job or reduce your future earning potential, you may also be able to recover damages for that long-term financial impact.
Property Damage
Property damage typically includes the cost to repair your vehicle or the value of your car if it was totaled in the accident. You may also recover the cost of replacing or repairing other personal property damaged in the crash.
Out-of-Pocket Costs
You may recover additional accident-related costs you paid yourself, such as travel to medical appointments, medical equipment, in-home assistance, or necessary home modifications.
What Non-Economic Damages Can You Recover After an Ohio Car Accident?
Non-economic damages address the personal, human impact of a car accident that does not come with a clear price tag. These losses reflect how your injuries affect your daily life, your emotional well-being, and your relationships. When injuries are serious or life-altering, non-economic damages can make up a significant part of your overall claim. Because these losses are harder to measure, insurance companies often challenge or undervalue them.
Under Ohio law, non-economic damages are generally capped at $250,000 or three times the amount of economic damages, with a maximum of $350,000 per person. However, higher limits may apply in cases involving catastrophic or permanently disabling injuries. In those situations, non-economic damages may increase to up to $500,000 per person or $1 million per accident.
Pain and Suffering
Pain and suffering compensation reflects the physical pain, discomfort, and limitations caused by your injuries. This can include ongoing pain, reduced mobility, scarring or disfigurement, and the loss of the ability to take part in activities you once enjoyed.
Emotional Distress and Mental Anguish
A serious crash can also take a toll on your mental health. Emotional distress damages may cover conditions such as anxiety, depression, post-traumatic stress disorder, sleep problems, or emotional shock that developed after the accident.
Loss of Consortium
If a car accident results in the death of a loved one or causes serious injuries that change a relationship, damages may be available for loss of consortium. This reflects the loss of companionship, affection, guidance, protection, assistance, and emotional support that relationship once provided.
Punitive Damages in Ohio Car Accident Cases
Punitive damages are not awarded to compensate an injured person for losses. Instead, they are reserved for situations where the evidence shows that the at-fault party acted with malice, aggravated fraud, or egregious misconduct, or knowingly authorized or participated in conduct that rises to that level. These types of damages are intended to punish that type of conduct and deter similar behavior in the future.
Under Ohio law, punitive damages generally may not exceed twice the amount of compensatory damages awarded. If the defendant is an individual or a small employer, additional limits may apply, including caps based on net worth and an overall maximum of $350,000. Punitive damages are awarded only in rare cases, and the injured person must prove entitlement by clear and convincing evidence.
How Ohio Calculates Car Accident Damages
Ohio follows a modified comparative negligence rule. This means you can still recover compensation if you were partly at fault for the accident, as long as your share of fault does not exceed 50%. If the insurance company tries to shift blame to reduce what it pays, you may need to dispute car accident fault using evidence from the crash. Your final compensation is reduced by your percentage of responsibility.
Example: If your total damages equal $250,000 and you are found to be 30 percent at fault, your compensation would be reduced by 30 percent. In that case, you could recover up to $175,000.
How Ohio Calculates Economic Damages
Economic damages are based on clear financial documentation that shows your actual monetary losses. This may include:
- Medical bills and treatment records
- Proof of lost wages and reduced earning capacity
- Repair estimates or total-loss valuations for your vehicle
These records are used to calculate the full financial impact of the crash.
How Ohio Evaluates Non-Economic Damages
Non-economic damages are assessed based on how your injuries have affected your daily life. Courts and insurers may consider:
- Medical records describing pain levels and physical limitations
- Testimony about emotional distress and lifestyle changes
- Evidence showing how the injury affects relationships, work, and independence
How Ohio Courts Determine Punitive Damages
If punitive damages are pursued, the court must determine whether the legal standard for punitive damages has been met under Ohio law. These damages are not based on financial loss, but on the nature and severity of the at-fault party’s conduct.
Lawrence & Associates Will Help You Recover Every Dollar You’re Owed
Identifying the full value of your Ohio car accident damages and proving those losses takes more than submitting a claim. Insurance companies often minimize payouts and pressure injured people to accept the first settlement offer before the full impact of their injuries is clear. Having the right legal guidance in place can help protect you from being underpaid.
At Lawrence & Associates Accident and Injury Lawyers, LLC, we step in to handle the phone calls, paperwork, and back-and-forth with the insurance company so you don’t have to deal with it alone. Working with our Cincinnati auto injury lawyers means having someone in your corner who’s focused on helping you move forward and recover fair compensation for all of your losses.
Call us today at (513) 951-6723 for a free, confidential consultation or fill out our online form to get started. Let us fight for the compensation you deserve while you focus on healing.
