Valuing Pain and Suffering in an Ohio Personal Injury Claim

If you’ve been injured or are facing the wrongful death of a loved one, you may be entitled to a type of compensation known as pain and suffering. 

These are damages that are calculated based on physical, emotional and mental pain and other potential non-economic, long-lasting effects of an injury.

There are two methods that are commonly used to value pain and suffering in personal injury cases in Ohio. They are:

• Daily rate method: A daily figure is assigned to your pain and suffering, and then it is multiplied by the number of days you endured said pain (usually the length of your recovery period).
• Multiplier method: This method takes into account the economic damages. A variable is assigned between one and five to assess your pain and suffering. The value of the economic damages is then multiplied by that variable to give you the amount of your pain and suffering settlement.

Pain and suffering can be difficult to value without the aid of an experienced personal injury lawyer and healthcare professionals. Oftentimes, it requires a team to accurately evaluate (and justify) an appropriate settlement amount.

What Counts as Pain and Suffering?

Pain and suffering are an assessment of the non-economic damages that come with traumatic events and injuries. They can include:

• Physical injuries
• Reduced life expectancy
• Physical limitations
• Mental health conditions, such as anxiety and depression
• Disfigurement
• Reduced quality of life
• Grief
• Emotional anguish

As long as the pain is proven to be directly caused by your injury, it may count towards pain and suffering. Evidence to help justify your pain suffering damages may include medical records, testimonies and the opinions of medical and psychological experts.

Pain and Suffering in Ohio Law

Ohio has a limit on the amount of compensation a person may receive under non-economic damages. The damage limit in Ohio is $250,000 or three times the amount of the total of your economic damages. The maximum for these is $350,000 per plaintiff and $500,000 per incident.

There are a few exemptions to Ohio damage limits. In these scenarios, injured people may be able to receive more than the standard cap for damages.

• If your injury resulted in you being unable to care for yourself 
• If you have sustained permanent physical deformity
• If you have lost a limb

There’s also a statute of limitations in place for all types of damages, including pain and suffering. If you intend to seek damages for an injury, you have two years from the time of the accident to file a claim.

Pain and Suffering Settlement Examples

Pain and suffering settlements may be determined using the daily rate or multiplier method. Injuries, once accounted for, may increase pain and suffering settlement amounts in the event they cause lifelong disability.

Car Accident Pain and Suffering

If you get into a car accident, a pain and suffering settlement example may be claiming compensation for broken bones sustained during impact. Many factors will be taken into consideration along with the cost of treating the injury, such as:

• How the injury will affect your ability to perform everyday tasks
• Potential treatment for PTSD from the event
• Whether the loss of use of the limb will make it difficult for you to pursue hobbies, care for your children or participate fully in the things that give your life meaning and joy

The combination of these factors can result in a pain and suffering settlement claim if they are pursued with the help of a personal injury lawyer.

Medical Malpractice Pain and Suffering

In a medical malpractice case involving a drug overdose leading to wrongful death, a pain and suffering settlement example would be the damages for the loved ones of the person who died from the overdose.

When valuing the pain and suffering settlement in the wrongful death case, litigators may consider how the loved one’s lives will be impacted physically, mentally and emotionally including:

• Associated responsibilities of the person that now fall on the family, resulting in an emotional burden
• Grieving or other emotional distress
• Mental health support for depression

Cases That May Result in Pain and Suffering Settlements

Pain and suffering damages are possible in any situation where you or a loved one has been caused harm as a result of a dramatic injury or event and liability of an involved third party can be established. Cases we often see that result in pain and suffering compensation include:

• Auto accidents
• Medical malpractice
• Premises liability cases
• Defective products
• Drugs and medical devices

In extreme cases, dangerous and traumatic events may result in wrongful death. It may be in your best interest to consult with an experienced wrongful death attorney to determine how to potentially maximize your payment and evaluate options for recovery.

Pursuing Justice for People and Grieving Families After Injuries and Wrongful Death in Ohio

Money may not resolve the grief that comes with the untimely passing or severe injury of a family member, but it may lessen the financial burden that arises in wake of the accident. The Buckeye Law Group represents those who are suffering as a result of wrongful death, and we pursue fair compensation packages to help deal with the loss. 

If you have concerns about making ends meet after a serious injury or wrongful death, contact us at 1-800-411-PAIN for a free case evaluation to see how we can help.