In the Ohio legal system, the amount compensated for personal injury lawsuits depends upon various factors. The injured person takes away the compensation from the legally responsible person for the accidental damages. There is no specific formula for calculating the compensating amount in Ohio law.
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Generally, the following factors are considered to calculate actual compensation costs:
- Medical Expenses – This entitles the injured person to personal injury damages reimbursement for all medical expenses. It includes medical treatment, medicines, and surgery. Due to an accident, an estimated compensation cost may be given for the medical care you may need in the future.
- Severity of Injury – While calculating the cost of personal injury damages, the level of injuries like temporary injury or permanent disability of the injured person is taken as a factor. Some Ohio states also consider the impact of the injuries on the relationship with their spouse and the loss of any close companion.
- Past and Future Income – The compensation also includes any impact on your salary and wages. You are entitled to the money you would have been able to earn in the future. In Ohio, your insurance deductibles and any other copayments are also compensated.
- Repair or Replacement Of Any Damaged Property – If any vehicles or other valuables were damaged during the accident, you get reimbursement for repairs or replacement for the cost of damaged property.
- Wrongful Death – In case of loss of the plaintiff’s life during the accident, their family gets compensation. It includes funeral expenses and the cost of living of their family.
- Emotional Distress – Any emotional distress of the plaintiff like fear, anxiety, and anemia is to be compensated to a personal injury plaintiff.
- Punitive Damages – Exemplary damages or punitive damages are presented to the plaintiff in addition to the actual damages while the defendant is found to act recklessly, malice, deceit, or outrageous. Punitive damages are a kind of punishment to the defendant for their conduct and not to repeat in the future.
If an injured person in Ohio is found guilty and negligent in causing an accident, they will not be awarded any amount of personal injury damages.