If you’ve been in an Ohio accident, you could be entitled to compensation for your injuries. In Ohio, there are two broad categories of damages available to accident victims: compensatory damages and punitive damages.
Punitive damages are rarely awarded, but compensatory damages are commonly awarded in Ohio personal injury cases.
Compensatory damages are used to compensate victims for their losses and to make them “whole” after an accident. There are two types of compensatory damages: economic damages and non-economic damages.
To help accident victims understand the compensation they’re entitled to after an accident, here’s an in-depth look at economic damages. Contact a Sandusky personal injury lawyer to learn more about economic damages or discuss your case.
What Are Economic Damages?
Economic damages are expenses that victims have incurred and are used to reimburse accident victims for all injuries after an accident. They can be calculated and documented.
Examples of economic damages include:
- Past medical expenses: Hospital stays, emergency room visits, X-rays, MRIs, surgeries, doctors appointments
- Rehabilitation costs: Physical therapy and occupational therapy expenses
- Property damage: The cost of vehicle repair or replacement
- Lost income and diminished earning capacity: missed work, reduced hours, inability to do the same type of work
- Mental health treatment: Treatment for PTSD or depression after an accident
- Household services: Home care or home services like cleaning, cooking, and yard work
- Lost earning capacity: Missed opportunities for future work or promotions
When another person causes an accident, they are usually responsible for paying for the victim’s injuries.
Are There Limits to the Economic Damages Victims Can Recover?
Ohio does not have any statutory limits on economic damages. There are, however, limits on non-economic damages and punitive damages.
Non-economic damages in Ohio are capped at:
- $250,000 or three times the economic damages, whichever is greater;
- A maximum of $350,000 per person and $500,000 per accident
Punitive damages are capped at:
- Twice the amount of compensatory damages;
- In cases involving individuals or small employers, punitive damages are limited to 10% of the defendant’s net worth up to $350,000
Punitive damages are only awarded in rare circumstances.
How Long Do You Have to Recover Economic Damages in Ohio?
The statute of limitations for Ohio personal injury cases is two years. This means that accident victims have two years from the time of their accident to file a lawsuit against the responsible party.
If a victim fails to file a lawsuit within this timeframe, the court will dismiss the case. This means victims lose the right to recover. Once the statute of limitations has run, there is no way for victims to recover economic damages.
An Ohio personal injury lawyer can help victims understand and track the statute of limitations. Experienced personal injury lawyers pay attention to the statute of limitations and ensure that clients file their lawsuits before the statute of limitations expires.
How Do You Recover Economic Damages in Ohio Personal Injury Cases?
Most personal injury cases are negligence cases.
There are four things that victims must prove to recover damages in a negligence case:
- Duty. The victim, or plaintiff, must establish that the defendant, or at-fault party, had a duty of care to the plaintiff.
- Breach. The defendant breached the duty of care. Plaintiffs can prove this by showing that the defendant did not act as a reasonable person would under the same circumstances.
- Causation. The defendant was the direct and proximate cause of the accident.
- Injuries. The plaintiff suffered injuries in the accident. These don’t have to be physical injuries, but the plaintiff must have some sort of loss.
A personal injury lawyer helps accident victims prove these elements.
First, your lawyer will investigate your case to determine who was at fault. Your lawyer will also gather evidence to prove who was at fault.
This evidence includes:
- Accident reports and police reports
- Photos and videos from the accident scene
- CCTV footage or other video footage of the accident
- Eyewitness testimony
- Expert witness testimony
- Accident reconstructionists
Once your lawyer has proven who is responsible for the accident. The next step is proving damages.
To recover economic damages, victims must provide evidence of their losses.
Evidence gathered to support economic damages includes:
- Medical bills
- Medical receipts
- Invoices
- Receipts
- Pay stubs
- Employment records
- Tax returns
- Employer testimony
- Physician testimony
- Expert witness testimony
Plaintiffs who establish all of the elements of negligence using strong evidence may be entitled to recover compensation for their injuries.
Contact a Sandusky Personal Injury Lawyer to Discuss Your Case
If you’ve been injured in an accident, you could be entitled to compensation for all of your losses. This includes both economic damages and non-economic damages. To learn more about your rights, schedule a free consultation with a Sandusky personal injury lawyer.
Your attorney can evaluate your case, discuss your rights, and give you a personalized strategy for getting the compensation you deserve. They will also fight hard to make sure the responsible party pays you what you deserve.