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Understanding non-economic damages for catastrophic injuries

On Behalf of | Dec 9, 2024 | Personal Injury

When you get serious injuries from an accident, the impact goes beyond just medical bills and lost wages. A person may not be able to play with their kids, enjoy their favorite hobby or even sleep through the night without pain. These are the kinds of issues non-economic damages try to cover.

However, Ohio has specific guidelines for this type of compensation. The law typically allows you to receive either $250,000 or triple your economic damages, whichever is greater. Moreover, there’s usually a cap: for each person, the maximum is $350,000, while for each incident, it’s $500,000.

There are exceptions

Ohio law makes exceptions for catastrophic injuries, such as:

  • Major, permanent changes to your physical appearance, like significant scarring
  • Inability to use an arm or leg
  • Failure of an important body system, such as your digestive or nervous system
  • Long-term inability to perform basic self-care tasks, like eating or getting dressed

These injuries can change every part of your life. They drastically affect your ability to work, enjoy hobbies or even do simple tasks. For these cases, the limits on non-economic damages do not apply, and a jury may decide to give you any amount they think is fair.

Several factors can come into play

When deciding on the amount, courts consider various factors, including:

  • The severity of your injury
  • How long your recovery takes
  • How the injury impacts your daily life
  • The permanence of your condition

Judges and juries use their judgment to assign a value based on the evidence presented. This might include medical records, expert testimony and your own account of how the injury has affected you.

Take note that while these guidelines provide a general overview, each case is different. The specific circumstances of your injury will determine how these factors apply to your situation.

Get the support you need

Dealing with a life-changing injury is hard enough without worrying about legal complexities. Consider reaching out to an attorney who can help guide you through the process.