If you have been hurt in an auto accident or some other type of accident in Ohio, you are generally entitled to recover two types of damages. The damages available after an accident include both economic damages and non-economic damages. Economic damages include losses that are purely financial, such as medical bills, lost wages, and property damage.
On the other hand, non-economic damages are more subjective and intangible. Putting a value on these damages and proving that value can be more difficult. Understanding exactly what these damages are and some common calculation methods can help you ensure you get full and fair compensation for your injuries.
What Are Non-Economic Damages?
Not all losses suffered after an accident are financial in nature. Though they do not have a direct financial impact, injury victims deserve to be compensated for the physical and emotional trauma they had to endure because of their injury. Here are some of the most common types of non-economic damages in personal injury cases.
Pain and Suffering
Pain and suffering damages compensate you for the physical pain and discomfort associated with your injury. Severe injuries often result in substantial pain, and that pain can last weeks, months, or even years in some cases. Some victims may be left dealing with chronic pain for the rest of their life.
There are two methods that are commonly used to calculate the value of your pain and suffering damages. These methods are:
- Multiplier method: The multiplier method is the most common way to put a value on pain and suffering damages. Using this method, a multiplier from 1 to 5 is assigned to your case based on the severity of your injuries, length of your recovery, and other relevant factors. The more severe your injuries, the higher the multiplier will be. The value of your non-economic damages is then estimated by multiplying your economic damages by the assigned multiplier.
- Per Diem method: The per diem method is less common, but it is still sometimes used in personal injury cases. A daily value is assigned to your case based on the severity of your injuries. This value is then multiplied by the number of days it took you to recover from your injuries. For instance, $100 per day times 30 days of recovery would equal $3,000 in pain and suffering damages.
Remember that pain and suffering damages are intended to compensate for the physical effects of your injury. Purely emotional or mental trauma is calculated separately.
Mental Anguish & Emotional Distress
Many accident victims experience emotional trauma after their accident. This can include anxiety, depression, PTSD, and other forms of emotional trauma. For instance, imagine you are involved in a dog bite accident. You could be left with permanent anxiety and PTSD around dogs because of that accident.
Permanent Scarring or Disfigurement
Some accident victims may be left with scarring or disfigurement that they have to deal with permanently. This type of injury would be very painful, thus they would be entitled to collect pain and suffering damages. However, think about how the scarring or disfigurement would affect them even after they had reached their maximum medical improvement.
How would their social life be affected by these injuries? Depending on their age, their marriage prospects could be greatly affected by scarring. In these situations, the victim is likely entitled to recover compensation for the scarring and disfigurement beyond just their pain and suffering.
Loss of Consortium
Loss of consortium is a special type of loss that is recoverable by your spouse. Children may also be entitled to loss of consortium damages in some situations, including the wrongful death of a parent. Typically, loss of consortium damages are awarded to the spouse of the injured party.
These damages compensate the victim’s spouse for the support, love, and companionship they lost because of the accident. Although your spouse may be legally entitled to these damages, proving them can sometimes be difficult. Know that the defense may have to ask you some very personal questions as you go through the process of obtaining compensation for loss of consortium.
Loss of Enjoyment of Life
After an accident, you might no longer be able to do some of the activities you once enjoyed. For this reason, your life may not be as enjoyable as it once was. Some examples of activities you may have to give up include:
- Playing golf with friends
- Lifting weights
- Hiking on the weekends
- Playing catch with your kids
Proving these damages can include testimony about your life and activities before the accident. You might also use an expert who can testify about how your injury limits your ability to perform these activities.
Is There a Limit on Non-Economic Damages?
Ohio law puts a limit on the amount of non-economic damages that may be recovered in most personal injury cases. In most cases, the non-economic damages you can recover are limited to the greater of three times your economic losses or $250,000. In some special situations, this limit may not apply.
If you have been injured in an accident, let the Law Office of Michael J. Tremoulis help you recover all the damages to which you are entitled. Our experienced team can help you calculate the value of all the non-economic damages you have suffered. Contact us online or call us today at (419) 404-4444 to schedule a free consultation and let us go to work to get you compensation.
