Ohio Pain and suffering Settlement Calculator

Attorney Serving Cincinnati, Mason, Hamilton & Nearby Areas in Ohio

Authored by:


Pain and Suffering Injury Settlement Calculator Ohio by Anthony Castelli Personal Injury Attorney

How to Determine How Much Your Ohio Personal Injury Claim is Worth

If you have been wrongfully injured and are seeking compensation for your injury from an insurance company or big business or other entity you need to know what your injury is worth.

You need to have some method of calculating your damages and converting that to a dollar figure. You need a settlement calculator to determine a range of what your case is worth. What follows is a free calculator directed to persons injured in Ohio. As each state is different, it is important to know how to calculate damages in Ohio

.I will show you the method how the ultimate damage calculator, the civil jury, calculates damages. In order to know what your case is worth, you need to have some idea what a jury would do in your case. In fact, this method has been used by me in many jury trials and I venture to say by many good personal trial lawyers through out the state of Ohio.

These are the very questions I ask the Judge to give to the jury to answer. Only some juries are more generous than others and there are extraneous variables that can cause verdicts to vary in amount either higher or lower than expected.

So your goal should be putting the most money in your pocket to make up for your injuries and losses. Even if you come up with a fair figure in your calculation do not expect the insurance company to write you a check for that amount. After all, their goal is to take in premiums and pay out as little as possible.


In order to calculate your damages you must know what damages under Ohio law you are entitled to recover. Your case may not have all of these damages. But you must know them, so you know what to calculate and ask for. These are called compensatory damages and are meant to make up for your injury. We will not deal with punitive damages as they are meant to punish and are rarely given . Plus they are not payable by insurance.


1.Medical Bills

You are entitled to recover the reasonable and necessary value of the medical expenses that were incurred for the treatment of your injury in the past and what is reasonably certain to be incurred in the future as a result of your injury. The amount accepted as full payment may be admitted as the amount you are entitled to recover

2 Lost Earnings

You are entitled to recover the reasonable value of the earnings that were lost as a direct result of your injury. Thus wages, vacation time, overtime, and fringe benefits are recoverable. If you used sick time or vacation time you should be paid for that as well. You are also entitled to recover loss of future earnings that you can prove that were likely to occur

3. Impairment of Earning Capacity

Impaired earning capacity is an alternative way to compensate you if you can do some work but your injury prevents you from doing the work you used to be able to do or were working towards. It’s the destruction of your earning power. This often requires vocational and economic experts.


4. Pain and Suffering

A valuable element of your bodily injury claim is the right to compensation for pain and suffering you were caused and will be caused in the future. This includes physical pain and mental suffering. I like to use a per day approach comparing the pain you endure to a job you have been given, but did not ask for.

5. Loss of Enjoyment of Life

You are entitled compensation if your injury affects your ability to perform your usual activities of life or if it affects special activities such as hobbies, sports, or just lifting your child in your arms.

If your injury disfigured you or left a scar you deserve compensation. 7. Damage to the Marital Relationship If your spouse is affected by your injuries such that your marriage is damages your spouse can recover. This is only awarded in the most serious of cases.


If there is a dispute about who was at fault or how much they were at fault then your damages can be reduced. If you are more than 50% at fault you recover nothing. So if you think you can prove 100% fault on the wrongdoer and the insurance company agrees, then your damages should not be reduced. But if there is an argument that you could have prevented your injury then you may have to reduce your damages by that percentage of fault. If there is any question of fault you should consult an experienced personal injury lawyer right away.


It is critical to proof that your injuries were caused by the wrongful event. It could be a motor vehicle accident, or fall in a store, or product related injury that was the cause of your harm. But your proof must be strong in connecting your injury to the event. If it is not your injury may not even be considered as a cause of harm. Thus an item of damage may be entirely excluded from consideration. There are many ways big insurance will attempt to discredit you and your injury as being connected to the wrongdoers conduct.


Here is the way you put together your damage calculator to add up you injury. The same way a jury does it.

Past Medical Expense $____________________

Future Medical Expense $___________________

Past Loss of earnings $____________________

Future Loss of earnings $___________________

Past Pain and Suffering $_________________

Future Pain and Suffering$__________________

Past Loss of Enjoyment$_____________________

Future Loss of Enjoyment $__________________

Past Disfigurement$_______________________

Future Disfigurement $____________________

TOTAL DAMAGES $__________________

If your injury is permanent and will last the rest of your life you should calculate your life expectancy and run your future damages to that point. For future loss of earnings use your work life expectancy reduced to present value.


Ohio has a cap on pain and suffering damages. The lower limit cap is $250,000 for non-economic damages. This alone should be reason enough to see if there are "loopholes" to get around the minimum cap. 

Would you be against a free consultation to protect your rights. If not  Call Anthony Castelli  today for a free consult to protect your rights 513-621-2345


Citations of Authority

Brandt v Pompa Ohio Supreme Court 2022

Compensatory Damages in Tort Actions

How Much Is The Average Amount  for a Neck Injury Settlement