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What Types of Damages Can I Claim in an Ohio Personal Injury Lawsuit?

Types of Damages Can I Claim in an Ohio Personal Injury Lawsuit

The laws of Ohio allow a personal injury victim to seek multiple forms of compensation from the person or organization that injured them. The rules for seeking monetary damages apply to all types of personal injury cases, such as

  • Car and truck accidents
  • Motorcycle and scooter accidents
  • Pedestrian and bike crashes
  • Bus and train wrecks
  • Slips and falls
  • Medical malpractice
  • Dog bites and animal attacks
  • Electric shocks
  • Drownings
  • Dangerous and defective products
  • Assaults, which are also called intentional torts

People who have grounds for filing personal injury lawsuits can seek compensatory damages for economic losses and noneconomic damages. Depending on the circumstances, a victim may also be able to seek punitive damages.

Usually, a person hurt on the job can only recover for their injuries through the Ohio workers’ compensation system. However, if the injuries were caused by a third-party, the injured party may also have a negligence claim against that third-party. Consulting with an attorney who has experience handling workers’ comp claims and personal injury lawsuit will clarify whether pursing both legal options makes sense.

Explaining Compensatory Damages

Economic damages, which are also called compensatory damages, reflect the direct cost of recovering from an injury inflicted by another party’s negligence or recklessness. Items that Ohio law treats as economic damages include, but are not limited to, the following:

  • Past and future medical bills for emergency care, surgeries, prescription medications, and therapy;
  • Loss of wages and future earning from time missed at work and a persistent disability;
  • Out-of-pocket expenses for goods and services related to recovering from the injury; and
  • Travel and relocation expenses related to seeking health care or making changes to where and how one lives.

Ohio does not impose a cap on economic damage settlements or jury awards.

Noneconomic damages, which are also called general damages for a personal injury, reflect the toll that an injury takes in terms of:

  • Physical pain and suffering,
  • Mental anguish and emotional distress, and
  • Loss of companionship

Except in cases involving catastrophic injuries, Ohio law imposes a cap on noneconomic damages to an individual that is the greater of $250,000 or three times the total of the economic damages. By statute—section 2315.18 of the Ohio Revised Code, specifically—a catastrophic injury is one that leaves the victim suffering a “permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system” or which “permanently prevents the injured person from being able to independently care for self and perform life-sustaining activities.”

Explaining Punitive Damages

Punitive damages are noncriminal monetary penalties assessed against the person or organization that inflicted an injury. They are also called exemplary damages because they are meant to serve as an example of the price to be paid for acting without regard to others’ health, safety, and well-being.

Although punitive damages are not awarded in every case, when they are they are subject to caps as well. In Ohio, punitive damages are capped at twice the value of compensatory damages. If the defendant is an individual or a small employer, however, that cap is limited to 10% of their net worth, up to a maximum of $350,000.

What About Attorneys’ Fees?

Generally, a personal injury lawyer will take a percentage of the final settlement or court award as payment for services. If no recovery is made, there is no attorney fee. Attorneys with Barkan Meizlish DeRose Cox, LLP, advise and represent plaintiffs in all types of personal injury cases throughout Ohio. We offer free consultations to potential clients, and we work hard to maximize recoveries of specific and general damages for personal injury victims. Call us at (614) 221-4221 or schedule an appointment online to learn what we can do for you.

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What To Do After a Trucking Accident in Columbus, OH

After a trucking accident, it is normal to feel overwhelmed, shaken, or unsure of what to do next. Large truck crashes often involve serious injuries, commercial insurance companies, trucking company representatives, and evidence that can disappear quickly. Taking the right steps early can help protect your health, your claim, and your ability to pursue compensation. If you were hurt in a truck crash in Columbus, OH, call Barkan Meizlish DeRose Cox, LLP at 740-204-2125 or visit our contact us page to speak with our team. You can also learn more about how we handle these cases on our trucking accidents page. more Essential First Steps After a Trucking Accident in Columbus, OH Get to Safety and Call 911 Your first priority after a trucking accident is safety. Move out of traffic if you can do so without causing more harm. If your vehicle is drivable, move it to a safe location and turn on your hazard lights. Call 911 immediately, especially if anyone appears injured or if the crash involves a commercial truck. Even if you feel fine, get medical care as soon as possible. Truck accident injuries such as concussions, whiplash, back injuries, internal injuries, and soft tissue damage may not show symptoms right away. A medical evaluation also creates important documentation that may help connect your injuries to the crash. After you receive medical attention, call 740-204-2125 or reach out through our contact us page so Barkan Meizlish DeRose Cox, LLP can explain your next steps. Talk to the Police and Request a Report Law enforcement should come to the scene and create an official accident report. Cooperate with the officers and answer their questions honestly, but avoid guessing about what happened or admitting fault. Stick to the facts you know. Before you leave the scene, ask for the police report number. Once the report becomes available, request a copy and keep it with your records. This report may become an important part of your claim, especially when dealing with trucking companies and insurance carriers. If you are unsure how to get the report or what to do with it, contact our Columbus truck accident team at 740-204-2125 or use our contact us page. Gather Evidence at the Scene If you are physically able, collect as much evidence as you can while waiting for help. Use your phone to take photos and videos of: Vehicle damage The truck and trailer License plates Company names or DOT numbers on the truck Skid marks or debris Traffic signals and road conditions Visible injuries Weather and lighting conditions The overall crash scene You should also exchange basic information with the truck driver, including their name, license information, insurance details, employer, and trucking company information. If witnesses saw the crash, ask for their names and contact information. Commercial trucking accident claims can involve driver logs, maintenance records, inspection reports, black box data, and company safety records. These details are not always easy to obtain without legal help. Our trucking accidents page explains more about these cases and why early action matters. Avoid Speaking With the Trucking Company’s Insurance Carrier Alone After a truck accident, you may hear from an insurance adjuster quickly. Be careful. The trucking company’s insurer may ask for a recorded statement, push you to settle early, or look for ways to shift blame. You do not have to handle those conversations alone. Before speaking in detail with an insurance company, call Barkan Meizlish DeRose Cox, LLP at 740-204-2125 or submit a message through our contact us page. A lawyer can step in to protect your rights, preserve key evidence, and deal directly with the insurance companies on your behalf. Call a Columbus Trucking Accident Attorney Trucking accident cases are often more complex than regular car accident claims. A crash may involve the truck driver, trucking company, maintenance provider, cargo loading company, parts manufacturer, or multiple insurance policies. An attorney who handles commercial vehicle accidents can investigate the cause of the crash and pursue the compensation you deserve. At Barkan Meizlish DeRose Cox, LLP, we have stood beside injured Ohioans for more than 65 years and bring more than 166 years of combined experience to the people we represent. We understand how trucking companies and insurers work to limit responsibility, and we know how to build strong claims for injured clients. If you or someone you love was hurt in a trucking accident in Columbus, OH, call 740-204-2125 today or visit our contact us page. You can also review our trucking accidents page to learn more about how we help truck crash victims. You do not have to face this process alone. Contact Barkan Meizlish DeRose Cox, LLP today. We also have an office in Pittsburgh, PA, and we only take a fee if we win for you. Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship.

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5 Mistakes People Make After A Car Accident

The immediate aftermath of a car accident is a bewildering time for anyone. You’re dealing with a lot of emotions - often some combination of shock, fear, anger, pain, and confusion. In a state like that, it’s no surprise that you might not handle those few minutes perfectly, especially if you don’t know what you should be doing. But as experienced personal injury lawyers in Ohio, Barkan Meizlish DeRose Cox, LLP have gone through a number of car accident cases, and we have a good sense of what may help - and what doesn’t - after a car accident. Hopefully, you never need these tips, but if you ever do, we hope you find it helpful to avoid these five common mistakes people make after a car accident. 1. Not Calling the Police Legally, the police should be called out to nearly any car accident, regardless of whether you think you’ll be calling a car accident attorney in Ohio to file a claim or not. The police will record what happened at the accident, which will include your testimony and that of the other driver (assuming there is one), and other relevant evidence at the scene. This evidence isn’t just for you to use in a claim if you choose to hire a car accident attorney in Ohio. Having this information on record also protects you from potential false claims the other driver and their car accident attorney may raise against you later. Having the police record to dispute such claims is a powerful tool, and is just the legally appropriate thing to do. 2. Admitting Guilt For the Accident Any car accident lawyer will tell you that one of the most important aspects of a car accident personal injury case is establishing liability and fault. So, if you get out of your car and say something like, “I’m sorry, it’s my fault,” or “I didn’t see you there,” you’re potentially shifting the blame onto yourself. Even if hiring a car accident attorney in Ohio isn’t in your plans, even casually admitting fault for the accident may signal to the other driver that they could hire a car accident attorney against you, and win. 3. Not Getting Medical Attention Much in the same way calling the police to the site of an accident is a great way to make sure there is an accurate record of the event, making sure you see a doctor is the best way to get ahead of any health problems that may arise from your accident. Often, people in car accidents think they feel fine, but once the adrenaline wears off, injury symptoms can start to show themselves. If you wait too long after an accident to be examined for these conditions, it can be difficult for a personal injury attorney to link those conditions or injuries to the accident itself. The personal injury lawyers at Barkan Meizlish DeRose Cox, LLP must be able to prove the accident proximately caused your injuries. Therefore, timely treatment is very important if you are injured. 4. Posting On Social Media Generally speaking, you’re going to want to offer as little information as possible on your social media channels about the accident. You should offer accurate information to the police, but only as much as they ask for. Oversharing information about your accident is a great way to have that information turned around on you in a court of law. Your Facebook posts about the cause of the accident, your injuries, or even your activities after the accident, can all be detrimental to a case if you’re looking to hire a personal injury attorney to file a claim. 5. Not Hiring a Personal Injury Attorney for your Car Accident There are a lot of things a car accident attorney can help you with in the immediate aftermath of a car accident. There are insurance forms and claims to fill out, medical considerations, and communication with the at-fault party. In most cases, the above will consume your time, attempt to gain an advantage over you, and possibly ignore your rights. At Barkan Meizlish DeRose Cox, LLP, our personal injury attorneys won’t let anyone trample on your rights when you’re at your most vulnerable. Contact us at 614-221-4221 if you or a loved one has been in a car accident, and let us help you heal and get back to normal.

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When to Contact a Columbus Personal Injury Lawyer

The decision to talk to a Columbus personal injury attorney is never one made lightly. After an accident or injury, most people consider the possibility of contacting a personal injury lawyer at least once or twice. Sadly, many will talk themselves out of the process before they even start, thinking that they don’t have a good case, or it’s too much hassle. We’re here to tell you not to ignore your rights. At Barkan Meizlish DeRose Cox, LLP, our role is to help you navigate a post-injury process that is often stressful, confusing, and all-important. Here’s why you shouldn’t delay in contacting a Columbus personal injury attorney. Contacting a Columbus Personal Injury Attorney is Free and No-Risk You likely hear the words “ free consultation” thrown around so often it ends up just sounding like noise. So let’s talk about what that actually means. If you’ve been in an accident that wasn’t your fault, there’s a decent chance that you are at least considering the possibility of talking to a Columbus personal injury attorney, but aren’t sure if it’s the right move. You might be asking yourself questions like: “Will I be able to afford it?” “Can they actually help me in my situation?” “Is this going to be more trouble than it’s worth?” “Do I even have a case?” You don’t have to ponder these questions yourself. These are all very natural, normal questions to ask, and you deserve answers to them. A free consultation is where you can get those answers. You don’t have to stress about them on your own - an experienced personal injury attorney will listen to your situation, learn of the factual circumstances, and help lay out what your options are for the next steps. That may consist of retaining our personal injury lawyers to fight for you, and it may not. We will be upfront about your standing, and what your options are. If we are not the right choice to help you, we will point you toward resources that can. If we are the right choice to help you, then we will. The choice is ultimately yours, and we want to empower you to make the one that’s right for you. In either case, the free consultation is an opportunity for you to arm yourself with information about your options and make the best decision. The Earlier You Contact a Columbus Personal Injury Attorney, the Better If you’ve recently been in a car accident, truck accident, slip-and-fall accident, bicycle or pedestrian accident, or been otherwise injured by negligence from another person or people, the best time to contact a Columbus personal injury attorney is “right now.” That’s because our job as personal injury lawyers isn’t only to help you recover damages and compensation. We also help you deal with uncooperative insurance companies and sort out confusing and often predatory paperwork. One of our most important jobs is to make a difficult time in your life easier, alleviating your stress and letting you focus on healing. The earlier you contact a Columbus personal injury attorney, the sooner we can aid you during your recovery. If you have been injured by another’s negligence, you are being wrongfully blamed for an accident that wasn’t your fault, or you’re dealing with an insurance company that won’t cover your claim, contact the personal injury lawyers at Barkan Meizlish DeRose Cox, LLP as soon as you can so we can get on your side and start fighting for you.