Damages in Accident Lawsuits

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Damages in Accident Lawsuits

Car Accident Damage Awards

Nobody expects to get hurt in an accident, but when an accident happens, it is extremely important to make sure you file a claim so that you can be eligible to recover damages. There are various types of damages that can be awarded in accident lawsuits. As a highly experienced accident lawyer in Cleveland, I want to tell you more about the types of damages that may be available to you under Ohio law.

Economic Compensatory Damages in Ohio

Compensatory damages are available in nearly all types of accident cases. An injured plaintiff will need to seek compensatory damages in order to receive them, but most plaintiffs typically seek this type of damage award.

Like the name indicates, compensatory damages are aimed at compensating a person for losses. Compensatory damages can compensate you for economic and non-economic losses. What do these terms mean? Economic losses are direct, objective, monetary losses. For example, hospital bills and lost wages are examples of economic damages. Below is a list of economic compensatory damages:

Medical Expenses

Victims involved in a car accident case may be entitled to compensation for all reasonable and necessary medical expenses incurred as a result of the car accident. These expenses are crucial components of car accident claims, and they play a significant role in determining the average car accident settlement. Medical expenses include hospital bills, doctor’s fees, surgery costs, medication, rehabilitation, and any future medical treatment related to the car accident lawsuit.

Property Damage

This covers the cost of repairing or replacing the victim’s vehicle or other damaged property, such as personal belongings damaged in the car accident. Property damage is a common component of car accident claims, and is typically included in the calculation of the car accident settlement. I work with a team of experts who help determine the damages you should be awarded. Do not simply rely on the insurance company to justly compensate you!

Lost Wages

Victims can receive compensation for income they’ve lost due to the car accident. This loss of income is a significant factor in car accident claims, and can have a substantial impact on the average car accident settlement. Documentation, such as pay stubs and work records, is often required to prove this loss.

Loss of Earning Capacity

In cases where the victim’s future earning capacity is impaired because of the accident, they may be entitled to compensation for their diminished earning potential. Loss of earning capacity is a critical consideration in car accident claims and can significantly influence the outcome of a car accident lawsuit. Current and future wages that may be lost must be taken into account.

Rehabilitation Costs

If the victim involved in a car accident case requires physical therapy, occupational therapy, or other forms of rehabilitation as a result of the car accident, they are entitled to be compensated. The cost of these services can be included in compensatory damages. Rehabilitation costs are an essential part of car accident claims.

Transportation Expenses

Some car accident victims may be compensated for reasonable costs related to transportation for medical appointments, therapy, or other necessary services resulting from the car accident. It is important that the additional transportation costs are covered in your lawsuit.

Home Modifications

In serious cases, where the victim’s injuries require modifications to their home to accommodate disabilities or mobility issues, the cost of these modifications may be included in damages. Too often, accidents can be life-changing events. I am here to make sure you get the help you need!

Caregiver Expenses

Sometimes the accident victim requires assistance with daily activities due to injuries sustained in the car accident. Compensation for the cost of hiring a caregiver, or for the time and effort provided by family members are all taken into account when damage awards are determined.

Funeral and Burial Expenses

In the unfortunate event of a fatal car accident, the victim’s family may receive compensation for funeral and burial expenses. These expenses are an integral part of a car accident case.

With over 40 years of experience as a personal injury attorney, I’ve helped thousands of injured victims in Cleveland obtain the compensation they need after an accident. If you were severely hurt in an accident caused by a negligent driver, I can help you too. A serious accident can change your life, but filing a personal injury lawsuit can get you what you need to make that change easier. Call me today, and I’ll Make Them Pay!®

Non-Economic Compensatory Damages

Non-economic damages compensate for subjective losses such as pain and suffering. These can be difficult to quantify. Non-economic damages can vary widely depending upon the specific circumstances. Here are some examples of non-economic damages:

Pain and Suffering

Car accident victims often experience physical pain and emotional distress, making it a vital component in a personal injury claim. I will assess the extent of the pain and suffering endured by the victim, which significantly impacts the outcome of the personal injury lawsuit and typical car accident settlement.

Emotional Distress

Accidents can lead to emotional trauma, such as anxiety, depression, PTSD, and other mental health issues for car accident victims. These emotional distress damages are critical aspects of a personal injury case, and require careful consideration. Emotional distress can be just as difficult to manage as physical injuries

Loss of Consortium

In a personal injury lawsuit, loss of consortium damages may be sought on behalf of the spouse or partner of the injured victim. Loss of consortium recognizes the impact of the accident on personal relationships and companionship.

Loss of Enjoyment of Life

Injured victims may be deprived of their ability to participate in activities they once enjoyed. This is a key point emphasized in a personal injury claim. It can be devastating when someone is no longer able to do what they once really, truly enjoyed. If this applies to you, I will certainly seek compensation on your behalf.

Disfigurement or Scarring

Personal injury lawsuits often address disfigurement or scarring caused by car accidents. These damages reflect not only the physical changes, but also the emotional distress associated with appearance alterations. Sadly, I have handled car accident lawsuits for many victims who have been horribly disfigured.


Personal injury cases frequently include claims for the inconvenience suffered by car accident victims. I can help establish the extent of inconvenience caused by ongoing medical treatment, therapy sessions, and disruptions to daily routines.

Sleep Disturbances

In personal injury lawsuits, sleep disturbances, such as insomnia, nightmares, or disrupted sleep patterns, are essential factors to be considered for damage recovery. The impact of sleep-related issues, such as sleep deprivation, can impact the victims overall well-being.

Post-Accident Anxiety

Post-accident anxiety is a common issue for car accident victims, and is often addressed in personal injury claims. I work with a team of experts who help victims seek compensation for anxiety and its negative effects on their daily lives.

Physical injuries are painful, and the medical bills compiled during the healing process help quantify the damages you may recover in a lawsuit. The emotional toll involved in the aftermath of a car accident is not as easy to quantify. Often times, the emotional toll is even harder to deal with than the physical toll. Dealing with the emotional effects of a car accident is difficult, and you should seek and get the help help you need without worrying about paying for it. That’s why you need to call me and I’ll Make Them Pay!®

Punitive or Exemplary Damages

 Ohio law sometimes allows an accident victim to seek punitive damages. This type of award is not aimed at providing an accident victim with compensation, but rather punitive or exemplary damages are aimed at punishing the at-fault party for especially reckless or egregious behavior. Examples of punitive damages include:

  1. Recklessness: Punitive damages may be imposed when the at-fault party in a motor vehicle accident demonstrates a reckless disregard for the safety of others on the road. This could include behaviors such as excessive speeding, driving under the influence of alcohol or drugs, or aggressive driving. I can help you pursue punitive damages when such recklessness is evident.

  2. Intoxication: If the at-fault party caused the car crash while driving under the influence of alcohol or drugs, punitive damages may be warranted in the car accident claim. Driving while intoxicated is a clear example of willful misconduct that endangers other drivers and justifies punitive damages.

  3. Distracted Driving: Punitive damages may be sought in a car accident claim if the at-fault party was engaged in distracting behavior, such as texting, using a phone, or other activities that significantly contributed to the accident.

  4. Street Racing: Engaging in illegal street racing or other forms of dangerous racing activities can result in punitive damages. Such behavior poses an extreme risk to the public.

  5. Hit and Run: Fleeing the scene of an accident without providing necessary information or assistance to the injured party is considered an accident caused by willful negligence. Punitive damages may be sought in a car accident claim to hold the at-fault party accountable for their actions.

  6. Driving Without a License: If the at-fault party caused the car crash while driving without a valid driver’s license or with a suspended or revoked license, punitive damages may be appropriate in a car accident case. Such behavior reflects a disregard for legal requirements and public safety.

  7. Road Rage: Engaging in aggressive behavior on the road, such as road rage incidents that lead to accidents, may result in punitive damages be awarded. Such behavior is not only dangerous but also intentional and malicious.

  8. Violating Traffic Laws: Repeated and intentional violations of traffic laws that directly result in a car accident may be grounds for punitive damages. This includes actions such as running red lights, stop signs, or driving the wrong way on a one-way street.

  9. Evading Law Enforcement: Attempting to evade law enforcement by engaging in a high-speed chase or other dangerous maneuvers is incredibly dangerous. This conduct puts innocent bystanders at risk.

  10. Previous Convictions: If the at-fault party has a history of dangerous driving behavior or previous convictions related to reckless driving, punitive damages may be sought and awarded to discourage further misconduct.

According to Ohio law, if the defendant is an individual or a small business, punitive damages are capped at “the lesser of two times the amount of the compensatory damages awarded to the plaintiff from the defendant or 10% of the employer’s or individual’s net worth when the [accident] was committed.”

As a member of the Cleveland community, I want to feel safe when I drive, and I want you to feel safe too. Punitive damages are important to help discourage drivers from being irresponsible. Keeping our roads safe is incredibly important. Making Cleveland a safer place is a huge reason why I became a personal injury lawyer!

Reduced Damages Due to Contributory Fault

Ohio’s contributory fault law says that a plaintiff can still receive damages even if she or he is at fault, but that fault cannot exceed 51%. Once a plaintiff is deemed 51% at fault or more, the plaintiff is barred from obtaining damages. As long as the plaintiff is less than 50% at fault, he/she can receive damages, but the award will be reduced by the percentage of fault.

Contact Me for Assistance with Your Accident Claim

I know how important it is to be able to seek damages after a serious accident that has left you with medical bills and the inability to work. I will do everything I can to help ensure you receive compensation for your losses.

Depending upon the specific facts of your case, you may be eligible to seek punitive damages for particularly reckless conduct. Accident lawsuits can vary widely in terms of the underlying source of injury, but plaintiffs typically can be eligible to seek the compensatory damages I explained above.

As an experienced Ohio accident lawyer, I know what it takes to win a settlement and a jury verdict. Do not hesitate to get in touch with me to learn more about how I can help you get the compensation you need. I’ll Make Them Pay!® Call my office at 800-556-4769 for assistance today.


Krystle Banks
Krystle Banks
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Christine Filippelli
Christine Filippelli
01:55 18 May 23
DeAndre Merritt
DeAndre Merritt
06:58 23 Mar 23
Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.read more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God Bless.read more
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.read more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.read more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.read more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.read more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.read more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.read more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.read more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.read more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.read more
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.