What’s Considered “Pain & Suffering” In My Lawsuit?
If you’ve been injured in an accident, depending on the severity of your injuries, it could alter your life for months, years, or forever. Also, many injuries include a myriad of physical and (even worse) emotional scars that are much more difficult to treat medically and recover from.
All personal injury lawsuits focus on the physical pain of your inflicted injuries, which is commonly the more direct avenue most personal injury law teams will pursue. However, suppose your experienced Ohio personal injury law team feels it’s achievable; in that case, they will aggressively argue that you deserve more compensation for your less visible injuries, such as depression, broken family ties, forced changes in your life, etc.
Some common examples of conditions that would warrant compensation for pain and suffering include:
- Chronic and often debilitating pain.
- Constant migraines and headaches resulting from a head or neck injury.
- Fatigue, lack of stamina, and general loss of energy.
- Inability to pursue your present career, life-long hobby, or other activities you enjoyed but can no longer do because of constant pain or limited mobility.
- Sexual dysfunction results in a lack of intimacy.
- Anxiety and various forms of depression.
- Post-traumatic stress disorder (PTSD).
- Insomnia and diminished cognitive function.
So, it’s true that under current Ohio law concerning damages for pain and suffering, you (as the plaintiff) can sue for non-economic loss such as pain and suffering. Still, it’s usually always a challenging legal path to follow.
Your personal injury lawyer will explain that various disorders may qualify for compensation but are not as easily diagnosed, treated, or able to put a monetary number on.
So, if you are to be successful in this type of lawsuit and wish to obtain the total compensation needed, you must work with an experienced, knowledgeable, aggressive, and trial-tested Ohio personal injury law team. Many personal injury lawyers rarely go to trial, but cases involving compensation for pain & suffering often must.
Your trial-tested personal injury lawyer will know exactly what’s needed to ensure you and your family have the total compensation you must have to move forward with your lives.
Do the Ohio Laws For “Pain & Suffering” Differ From Other States?
The simple answer is yes; in some ways, they do. Commonly, in Ohio, the court (or the jury) will determine separate verdicts and findings for the following:
- The total compensatory damages recoverable.
- The total economic damage incurred.
- And the total noneconomic damages incurred, including those for future medical care, recovery costs, and much more.
The court, when determining your noneconomic damages, will not consider the following:
- The negligent party’s wrongdoing or guilt.
- Any evidence of your opponent’s wealth or financial resources.
- And all other evidence that is offered to punish your opponent.
In all cases, the court will consider the totality of the circumstances that surround your accident and the credibility of all the pertinent and convincing evidence gathered by your law team.
Of course, each personal injury lawsuit is unique, but your case becomes far more complex when attempting to obtain substantial damages for pain & suffering. Your empathetic, thorough, and diligent local personal injury law team may work months (or more) to gather the evidence needed to obtain total compensation for you and your family.
Are There Any Limitations On Non-Economic Damages in Ohio?
Again, yes, this is a factor that your law team must contend with.
In Ohio, if you are seeking noneconomic damages, there are several limitations to what you can receive, for example;
First, there is the “statute of limitations.” This refers to the time you and your lawyer must file your lawsuit. This varies but is typically two years beginning on the date your accident occurred or your injuries manifested themselves.
Another limitation is “Damages caps.” These Ohio laws may limit the amount of damages you can receive. Commonly in Ohio non-economic damages lawsuits, the court applies damages caps on all monetary awards (some exceptions may apply).
Finally, there are “negligence standards” to contend with. These standards are applied to your case when you and the negligent party may share fault. Commonly, in Ohio, you will only receive compensation if you were at most 50 percent at fault.
The complexities are numerous, and another reason to only use a local Dayton or Cincinnati personal injury law team with the necessary experience and winning history in these cases.
How May My Personal Injury Lawyer Prove “Pain & Suffering?”
Commonly, physical pain caused by injury can be easily diagnosed and proven. However non-economic damages (such as pain & suffering) are much more subjective. Therefore, “proving” them is directly affected by the case that your empathetic and aggressive personal injury law team mounts to convince the jury (or the defendant’s insurance company or lawyer) to award you the compensation you are due.
Some common means your lawyer will provide proof of “pain and suffering may include:
- Your medical records – X-rays and other visual test results can be compelling in making a valid case for your injury and very plausible for the jury. That said, the more complete and comprehensive your medical records are, the more likely you will be awarded damages for pain and suffering.
- Your previous social media posts, texts, and emails – Social media can be a “double-edged sword” and often make or break your case for non-economic damages. You experienced personal injury trial lawyer will know when and how to use them correctly.
For example, posting a video of yourself water skiing on vacation can undermine your claim that you are suffering. Alternatively, evidence that you joined a group to deal with a particular type of pain, recovery, or psychological issue could enhance your doctor’s testimony.
There are a few examples, but your lawyer will use many legal tactics to help you win your case. The strength, depth, trial experience, and thorough knowledge of proving and winning these cases by your aggressive personal injury lawyer will make all the difference in the outcome of your case.
I Feel I’m Due Damages for Pain & Suffering; What Should I Do?
You must only attempt to file these complex legal cases with professional help. Also, remember that the trial experience of your personal injury law team is paramount in helping you obtain all the compensation you are entitled to.
Usually, obtaining a free consultation on your case is your best path to understanding how to proceed. The winning, empathetic, and trial-hardened personal injury law team at the Attkisson Law Firm possesses the skills to help you and your family with the money you deserve.
Call them today at 937-918-7555, and they will provide you with the personal service you expect and fight diligently to get you what you deserve. Don’t wait; start today, and get the professional help you must have at this critical time for you and your family’s future.