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Tim Misny

Damages in Accident Lawsuits

PROUDLY REPRESENTING VICTIMS OF BIRTH INJURY, MEDICAL MISTAKES, AND CATASTROPHIC ACCIDENTS THROUGHOUT THE UNITED STATES FOR 38 YEARS

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

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 get them, but most plaintiffs will seek this type of damages award.

Like the name indicates, compensatory damages are aimed at compensating a person for losses. Compensatory damages can compensate you for both 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. Non-economic damages compensate for subjective losses like pain and suffering, which are not so easy to put a dollar figure on. Instead, non-economic damages can vary widely depending upon the specific plaintiff’s circumstances.

 Punitive or Exemplary Damages in Certain Cases

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

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.”

 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 be 51% or more. Once a plaintiff is 51% at fault or more, that plaintiff is barred from obtaining damages. As long as the plaintiff is less than 50% at fault, she can receive damages, but the award will be reduced by her percentage of the 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 that you receive compensation for the full amount of 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 kinds of compensatory damages I explained above in most personal injury cases.

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 877.944.4373 for assistance.

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