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Personal injury cases are some of the most sensitive cases that involve legal compensation. In Ohio, a personal injury case could arise from a car accident, slip and fall accidents, product liability, medical malpractice, and more. When someone is injured due to someone else's negligence, the victim is entitled to compensation for the injuries, damages, and losses they incurred. The process of calculating compensation in a personal injury case is essential as it determines the damages to be awarded to the victim. In this blog post, we'll take an in-depth look at how compensation is calculated in a personal injury case in Ohio.
To start with, compensation in a personal injury case in Ohio, is calculated depending on the economic and non-economic damages the victim sustained. Economic damages, which are tangible losses that can be measured, include medical expenses, property damage, and loss of earnings. Non-economic damages refer to intangible losses such as pain, suffering, emotional distress, disfigurement, and loss of quality of life.
Ohio courts consider several factors when determining the amount of compensation to award the victim. One of the main criteria is the extent of the victim's injuries. Injuries that are more severe and will result in future medical expenses and lost earnings deserve a higher compensation amount. For instance, a victim who has sustained a traumatic brain injury and will require ongoing medical care for the rest of their life will be given a higher compensation amount than someone who broke their leg in a car accident.
Another criterion is the financial losses incurred by the victim due to the accident, such as medical bills, loss of earning capacity, and the cost of rehabilitation. If the victim has lost their ability to earn an income or support their family, these factors will be considered when calculating compensation.
Ohio courts also consider the fault of each party in the accident. Ohio follows the comparative negligence rule, which means that the compensation amount can be reduced according to the victim's level of fault in the accident. If the victim is found to be partially responsible for the accident that caused their injuries, this will reduce the compensation amount awarded.
Finally, the defendant's ability to pay also plays a crucial role in determining compensation. The defendant’s insurance will typically cover the compensation amount awarded to the victim, but it's worth noting that the defendant may have a limited insurance coverage limit. If the victim is awarded a compensation amount that exceeds the defendant's insurance coverage, they can pursue compensation from the defendant's assets.
Calculated the compensation amount in a personal injury case can be a complex and daunting task. However, with the right personal injury attorney, Ohio residents can navigate this process with ease. At Michael Tremoulis, we believe that everyone deserves fair legal representation after a personal injury. Our experienced attorneys will investigate your case, and gather evidence to build a strong case on your behalf. We understand that every case is unique, and we'll endeavor to ensure the compensation amount awarded reflects your unique circumstances. Don't hesitate to contact us if you've sustained personal injuries due to someone else's negligence.
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