Compensatory Versus Punitive Damages in a Personal Injury Case

If someone’s negligence caused you to suffer injuries and incur unexpected expenses, you have the right to file a personal injury claim and pursue compensation. Plaintiffs (injured victims) can potentially seek two types of damages—compensatory and punitive—although punitive damages are somewhat rare.

While compensatory damages aim to compensate you for actual damages, such as medical bills and property damage, punitive damages are intended to punish the defendant for their reckless actions. Within compensatory damages are two additional categories—economic and non-economic.

In Ohio, punitive damages are usually only available in cases where the defendant’s conduct is deemed particularly appalling or even malicious. 

If you’re looking to file a personal injury claim in Ohio, it’s important to work with an experienced attorney who can help you determine and pursue the damages you’re entitled to and ensure a fair outcome.

What Are Compensatory Damages in a Personal Injury Claim?

Compensatory damages are meant to reimburse you for the actual losses you suffered as a result of your injuries. They are generally divided into two subcategories: economic and non-economic.

Economic damages represent the quantifiable financial losses you incurred after your accident, including:

• Medical bills
• Salarios perdidos
• Property damage
• Ongoing medical care
• Cost of transportation to and from your medical appointments

These damages are tangible and are usually easy to prove with documentation like invoices and past pay stubs.

Non-economic damages are intended to address the intangible losses that can be more challenging to quantify but are equally impactful. These may include:

• Dolor y sufrimiento
• Angustia emocional
• Pérdida del disfrute de la vida
• Disfigurement or permanent disability

Unlike economic damages, non-economic damages are subjective and often vary from person to person. They take into account the physical and emotional toll the injury has had on the plaintiff’s life. While they don’t come with straightforward receipts, they are just as vital in providing a full measure of compensation.

Determining the appropriate amount for non-economic damages requires the expertise of a skilled personal injury lawyer who can use applicable formulas and calculate a monetary value of your losses. This is typically done via the multiplier or per diem method and often involves extensive negotiations with insurance companies.

What Are Punitive Damages in a Personal Injury Claim?

Punitive damages, also known as vindictive or exemplary damages, are awarded in cases where the defendant’s actions were particularly outrageous and damaging.

The amount of punitive damages can vary widely and is often determined by factors like the severity of the misconduct, the financial resources of the defendant and the impact of the misconduct on the victim and society as a whole.

Examples of personal injury scenarios that may be eligible for punitive damages include:

• Drunk driving accidents: If a driver causes a serious accident while under the influence of alcohol or drugs and their conduct is found to be reckless and willful.
• Product liability: If a manufacturer knowingly releases a defective product that poses a significant risk to consumers and this defect leads to severe injuries or fatalities.
• Medical malpractice: In cases where a healthcare provider’s deliberate or grossly negligent actions result in severe harm or death to a patient.
• Sexual assault and abuse: In cases of sexual assault or abuse where the defendant’s actions are particularly malicious or involve a pattern of deliberate misconduct.
• Environmental contamination: When companies knowingly engage in practices that lead to environmental contamination and harm to nearby communities.

Is There a Cap on Compensatory and Punitive Damages in Ohio?

The State of Ohio places caps on both non-economic and punitive damages.

• Non-economic damages: A maximum of $350,000 per plaintiff. The exception are cases where the plaintiff suffers from a catastrophic injury, such as the loss of a limb or an injury that prevents them from working or being independent. In such cases, there’s no cap for non-economic damages.

• Punitive damages: A maximum of $350,000 per plaintiff.

There is currently no cap set for economic damages, as it could potentially undermine the ability of injured parties to fully recover the actual costs incurred due to their injuries.

Get the Compensation You Deserve with the Help of an Ohio Personal Injury Lawyer

Over the years, the personal injury attorneys at the Buckeye Law Group have helped hundreds of Ohioans claim the compensation needed to heal from their injuries and move forward with life.

Whether you’ve suffered harm from the negligent actions of a drunk driver, healthcare provider or neighbor, we’re here to help.

Call us today at 1-800-411-PAIN to schedule your free consultation. We proudly serve residents located in the greater Cleveland, Columbus, Cincinnati, Dayton, Toledo and Akron areas.