If you suffered personal injuries through no fault of your own, you deserve compensation for your losses.
You may be wondering, How much will I get for pain and suffering from a car accident?
The amount of pain and suffering in a car accident you endured, plus other factors can determine how much you recover.
You have only one chance to recover financial damages from your crash.
Our attorneys have experienced tremendous success winning cases for clients who sustained injuries in Ohio car accidents through no fault of their own.
Unlike other law firms, we have a proven track record of success along with the resources to help you maximize your recovery.
How Much for Pain and Suffering in a Car Accident Claim in Ohio?
Monetary damage awards in Ohio may be broken down into two categories: economic and noneconomic losses. Economic losses—often referred to as compensatory damages—refer to the amount of money you lost because of your accident.
Section 2315.18 of the Ohio Revised Code defines economic losses as any monetary loss relating to:
- Reduced salary, wages, or other employee compensation;
- Property losses;
- Expenditures for medical care, treatment, rehabilitation, services, medication, and accommodations for injuries; and
- All other expenditures for losses relating to your damage claim.
Additionally, economic losses include future economic losses or medical expenses. It is important to note that Section 2315.18 explicitly states that Ohio law does not cap compensation for economic losses.
How Much Pain and Suffering for a Car Accident?
Unlike economic losses, Section 2315.18 caps car accident pain and suffering compensation in certain situations. Section 2315.18 refers to these damages as noneconomic losses.
Noneconomic losses include any physical, mental, psychological, or emotional damage that you suffered because of your car accident.
Examples of non-economic losses include:
- The physical pain you experienced from your injuries, which includes pain from surgery, rehabilitation, and chronic pain you feel;
- Any mental anguish you endured, like the pain of not being able to play with your kids after your accident or not being able to enjoy your favorite hobby;
- Any depression, anxiety, or stress you experienced after your accident; and
- Loss of enjoyment of life.
As you can see, there is no easy way to place a dollar figure on these losses.
However, you should claim compensation for noneconomic losses because they are part of the losses you endured as a result of your car accident.
How Much Will I Get for Pain and Suffering from a Car Accident?
Calculating pain and suffering from a car accident is not easy. There is no one right way to figure out how much your suffering is worth.
For example, you might have reached a medical end result after treatment, but you still have a sore back.
If your sore back makes doing chores around the house harder and sleeping more difficult, then you should receive compensation. It’s not your fault your back hurts. But how do you put a number on pain and suffering?
One way to calculate pain and suffering damages is to multiply your economic losses by a number between one and five—with the average claim using a multiplier of three.
Thus, if you have $20,000 in economic losses and multiply that number by three, then your pain and suffering damage claim would be $60,000.
In some instances, a multiplier of three would not be sufficient because your pain and suffering is more severe. In that case, multiplying your economic losses by five might give you a fair result.
Another method commonly used to calculate pain and suffering is the daily rate theory. Under this theory, you claim pain and suffering damages for every day you experience pain from your accident.
Coming up with a justifiable number is not easy in this situation. Therefore, using your daily wage or salary can be a good guide.
For instance, if you make $200 per day at work. You would multiply $200 for every day you endured pain from your accident.
Ohio Law Caps Pain and Suffering Damages in Some Situations
Section 2315.18 caps noneconomic damages at $250,000 or three times the compensatory damages, whichever is greater.
The law also says that the noneconomic damages cannot exceed $350,000 per claimant or $500,000 per occurrence. There is an exception to this rule.
There is no cap on damages if you suffered:
- A loss of a limb;
- A loss of an organ;
- Substantial physical deformity; or
- A permanent injury that prevents you from caring for yourself and performing life-sustaining activities.
These limitations only apply to non-fatal car accidents. Other limitations may apply to claims filed against the government and wrongful death suits.
Maximize Your Pain and Suffering Award with Help From Successful Car Accident Lawyers
They have a track record of success because they dedicate all of their resources and skill toward maximizing your damage award.