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What Damages Are You Entitled To?
West Chester, Mason, and Cincinnati Ohio
Generally speaking, under Ohio State Law, if you are injured as a result of someone else’s negligence, you are entitled to recover the following damages. (Even if you are partially at fault, you may be entitled to recover part of your damages!):
- Pain and Suffering: A “valuable” element of your bodily injury claim is the right to compensation for all “pain and suffering” you have sustained and will endure as a proximate result of your injury. These are your “general damages” and may run far in excess of your “special damages” (e.g., earnings loss and medical expenses).
- Loss of Enjoyment of Life: You are entitled to recover compensation if your injury affects your ability to perform usual activities of life or it affects your ability to perform special activities that you enjoy such as hobbies, sports or other activities.
- Loss of Earning: You are also entitled to recover the reasonable value of working time lost on account of the injury. Thus, wages, commissions, bonuses and all other earning and fringe benefits are recoverable.
- Medical Expenses: You are entitled to recover the reasonable value of your medical expenses that have been incurred and that are reasonably certain to be incurred in the future as a result of the injury. These expenses include past (already – incurred) medical expenses as well as future medical expenses, which are the product of the original injury.
- Impaired Earning Capacity: “Impaired earning capacity” damages are closely related to loss of future earning damages. It is often simply an alternative way of compensating you for future earnings loss. “Earning capacity” refers to the difference in your ability to earn money in your impaired state as opposed to your ability to earn money before you were injured. The damages in effect compensate you for injury to your earning power. This often needs vocational and economic expert evidence.
- Disfigurement: If the injury causes scarring or other unsightly marks, you are entitled to recover for the disfigurement and humiliation or embarrassment associated with the disfigurement.
- Damage to the Marital Relationship: Serous injuries to one spouse may cause damage to the marital relationship. If this occurs, you are entitled to recover for the loss of society, affection, assistance, conjugal fellowship and loss or impairment of sexual relations that occurs.
- Death: Damages for “wrongful death” are available for the spouse, parent, child, even the grandchild of the deceased person. Sometimes other persons related or who were dependent upon the deceased, may recover. Damages are not limited to economic loss and may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance or education. Damages are available for the deceased’s estate, as well, if the deceased survived for a period of time. The beneficiaries’ own auto policy may provide for compensation as well as of the deceased.
- Damage to Your Vehicle or Other Personal Property: You are entitled to be made whole for any damage to your personal property. You are entitled to recover the reasonable cost of restoring the vehicle to its condition before the collision. In addition, you may recover the cost of substitute transportation necessarily incurred while they are repairing your vehicle. If the cost of repair is more than the value of your vehicle (a “total loss”), you are entitled to recover the full value of your vehicle before it was damaged.
CAUTION: RECOVERY FOR THESE DAMAGES IS SUBJECT TO PROOF. YOU SHOULD CONSULT WITH AN ATTORNEY WITH RESPECT TO THE ITEMS RECOVERABLE IN YOUR CASE.
Additional Office Locations
9277 Centre Point Drive, Suite 350
West Chester, Ohio 45069Meeting location by appointment only