Pain and suffering are defined as both mental and physical distress felt by a victim of an accident that resulted in personal injury. These non-economic damages can be severe and catastrophic for any person that was injured due to someone else’s negligence, recklessness, or dangerous behavior. Under the legal definition of pain and suffering, a victim may recover compensation for pain and suffering as a plaintiff in the state of Ohio.
Types of Pain and Suffering
Pain and suffering after an accident can take many forms. Non-economic damages will include both the physical pain and the mental anguish suffered from the accident. Common types of physical and mental suffering include the following:
Physical Pain and Suffering
When a victim has been injured due to someone else’s negligence, they often suffer physical pain stemming from those injuries. Discomfort and physical a victim endures can be presented to the court to obtain compensation. While no amount of money can remove the actual physical pain, this is one way the victim can be compensated for their suffering.
Mental Pain and Suffering
Suffering a physical injury can lead to intense mental anguish. Any negative emotion that stems from the accident and injury can be included in the damages a court awards. Emotional distress, worry, fear, anxiety, loss of enjoyment of life, grief, humiliation, and shock are all damages. Oftentimes after an accident, victims can be depressed, have post-traumatic stress disorder, insomnia, lack of energy, and anger. This type of suffering is usually chronic, and a victim can suffer a long time emotionally and mentally from their injuries.
Determining Pain and Suffering Costs in Ohio
If you were injured in any type of accident in Ohio, you may have the right to compensation for your medical bills and lost wages, and also for pain and suffering. In a court of law, the judge or jury will determine the amount of pain and suffering and total non-economic damages to be awarded in a personal injury case. The calculation of pain and suffering for a victim with personal injuries can be challenging and complex. Suffering and pain, both physically and mentally, vary from person to person, and each accident is unique.
Additionally, there are certain caps that the state of Ohio places on pain and suffering compensation for personal injury victims. Typically, OH § 2315.18 will limit the amount you can receive for pain and suffering and other non-economic damages to the greater of $250,000 or three times your economic damages. In catastrophic cases, there is an exception to the damages cap according to Ohio law, and a victim can attempt to seek any damages they believe are appropriate. Additionally, OH § 2305.10 states that you generally have two years to bring a case to an Ohio court of law regarding any personal injury lawsuit.
Contact a Personal Injury Attorney for Your Pain and Suffering Claim
A serious examination of all facts and circumstances will be warranted in any personal injury claim. We can help you build your case to illustrate to the court the genuine pain and suffering you have endured due to someone else’s negligence. While it is complicated to assign an exact monetary value to pain and suffering, the attorneys at Bressman Law will help you understand your rights, and help you understand the compensation you are owed beyond just medical bills and lost wages.
For more information on how you can receive monetary damages for pain and suffering in the state of Ohio, contact our legal team for a free online consultation at
(877) 538-1116 or online today.
