When you’re in an accident, physical pain isn’t the only suffering you experience—you also have to bear the burden of hospital bills, changes to your quality of life, and ongoing medical care. If someone else was to blame for your injuries, you can pursue compensation to cover those losses. Accident victims can seek two types of damages in Ohio personal injury cases: compensatory and punitive.
Although compensatory damages are more common, you may also qualify for punitive damages depending on the specifics of your case. The attorneys at Gervelis Law Firm can help you understand the differences between compensatory and punitive damages in Ohio and file a personal injury claim.
What Are Compensatory Damages in Ohio?
Compensatory damages make up for the losses suffered due to a personal injury. They generally encompass multiple aspects of your experience, including physical, emotional, and economic hardships.
Economic Damages
Under Ohio Revised Code Section 2315.18, you can seek certain compensatory damages to address different kinds of losses from an accident. You can seek compensation for the following economic damages in personal injury claims:
- Medical expenses: You can seek the recovery of any past, present, and future medical expenses due to your injuries, including hospital bills, medications, physical therapy, and home modifications.
- Lost wages and loss of earning capacity: Economic damages cover wages you would have earned if you weren’t a victim of an accident, both in the past and future.
- Property damage: Your claim may also reimburse you for damaged personal property resulting from your accident, such as a damaged or totaled car.
Economic damages are generally easy to quantify using documents, such as bills, receipts, bank records, and paystubs.
Non-Economic Damages
Many personal injury cases also involve non-economic damages, which include the following:
- Pain and suffering: These damages cover the physical suffering you experience due to the accident.
- Emotional distress: If you struggle with emotional anguish, such as post-traumatic stress, anxiety, depression, or insomnia, you can seek compensation for those in your claim.
- Loss of consortium: The negative effects on your relationships are also non-economic damages.
- Loss of quality of life: You can claim damages if your accident prevents you from participating in activities you previously enjoyed.
These losses are more difficult to calculate because they’re intangible but can constitute a large portion of your verdict or settlement. However, non-economic damages in Ohio cannot exceed $250,000 or three times the economic damages, whichever is greater. There is also a maximum limit of $350,000 in non-economic damages per plaintiff and $500,000 per accident.
When Are Compensatory Damages Awarded?
During a civil lawsuit, such as a personal injury claim, the court can award compensatory damages if your losses have resulted from someone else’s reckless or negligent behavior. For example, if you were in a car accident caused by another driver’s inattention, you can pursue compensatory damages.
To receive compensatory damages, you have to show the other party had a duty of care or responsibility to act in a way that won’t harm others. In addition, you must demonstrate the other party breached that duty, causing an accident and your injuries. An attorney with Gervelis Law Firm can walk you through this process and calculate the total compensatory damages you deserve.
What Are Punitive Damages in Ohio?
Punitive damages, also known as exemplary damages, are reserved for rare cases where someone acted especially egregiously. They punish the defendant accountable beyond basic compensation while also deterring future wrongful behavior.
Legal Standards in Ohio
The court only awards punitive damages in extreme situations where the accident was more than a mistake or error in judgment. To receive punitive damages in a personal injury case, you must provide clear and convincing evidence that the responsible party committed fraud or acted with malicious intent or reckless indifference for the rights and safety of others.
The law limits the amount of punitive damages you can receive. Ohio Revised Code Section 2315.21 imposes a punitive damages cap when an individual or small business is the defendant. Punitive damages cannot exceed twice the amount of your compensatory damages or 10 percent of the defendant’s net worth, whichever is less, with a $350,000 maximum.
Examples of When Punitive Damages May Apply
You deserve justice no matter how or why someone caused an accident that injured you. However, certain cases demand additional damages because the at-fault party’s behavior went beyond mere carelessness.
The court might award you punitive benefits if the responsible party’s actions fall into one of these categories:
- Intentional torts, such as assault or battery
- Malicious misconduct
- Reckless indifference to the rights and safety of other persons
- Fraud
- Drunk driving accidents
If you’re unsure whether the other party in your accident acted in a way that would warrant punitive damages, the skilled attorneys at Gervelis Law Firm can help. We will review the details of your case and look closely at evidence, such as police reports and medical records, to determine whether punitive damages might be available.
Compensatory vs Punitive Damages: Key Differences
| Compensatory Damages | Punitive Damages | |
|---|---|---|
| Purpose | To compensate victims for financial losses related to their injuries | To punish the responsible party and discourage the behavior |
| Types | Economic damages, which cover quantifiable losses, and non-economic damages, such as pain and suffering | All punitive damages fall into a single category, separate from economic and non-economic damages |
| When Awarded | When you suffer injuries in an accident resulting from someone else's negligence or recklessness | In severe cases where the responsible party showed a reckless disregard for safety or intentionally harmed you |
| Calculation |
Economic damages: the total of your financial losses, including medical bills and lost wages
Non-economic damages: typically the total amount of economic damages multiplied by a factor between 1.5 and 3 |
Punitive damages do not have a set formula; the court typically determines the amount based on the seriousness of the at-fault party's behavior and the severity of your injuries. |
| Cap in Ohio |
Economic damages have no cap.
Non-economic damages cannot exceed $250,000 or three times the economic damages, whichever is greater, with a maximum of $350,000 per plaintiff and $500,000 per accident. |
The lesser amount of twice the compensatory damages or 10 percent of the at-fault party’s net worth, capped at $350,000 |
Why Understanding These Differences Matters in Your Personal Injury Case
As a personal injury victim, distinguishing between compensatory vs. punitive damages in Ohio is vital for helping you set realistic expectations. Punitive damages often make up a significant portion of large settlements. As a result, victims sometimes go into their cases believing they’ll receive a similar amount, failing to recognize the special circumstances necessary for punitive damages.
On the other hand, if you don’t have support from an experienced attorney and aren’t familiar with punitive damages, you may not receive the full compensation you deserve. You can pursue the maximum compensation available under Ohio Law during your personal injury case, but punitive damages require a specific approach when building your case.
A knowledgeable personal injury attorney can develop a strategy based on your accident’s unique circumstances. A skilled and experienced attorney will know how to establish your eligibility for punitive damages by demonstrating the extreme nature of the responsible party’s behavior.
Contact Gervelis Law Firm Today
After an accident, many people worry about keeping up with bills, paying for medical treatment, and getting back to work. That stress can slow your physical and emotional healing and make it more difficult to enjoy your everyday life. Recovering damages can put you on the path toward a brighter, more stable future by helping with your financial concerns.
At Gervelis Law, we provide aggressive, experienced, and effective legal representation. As our client testimonials reflect, we are dedicated to supporting personal injury victims in their pursuit of justice.
Contact us online or call 866-792-2728 to schedule a free consultation.
