A serious accident, injury, or wrongful death can impact your life physically, emotionally, and financially. It’s common for accident victims to suffer multiple injuries and losses. Victims can receive compensation for their losses or damages by filing a personal injury claim.
There are three types of damages you can recover in a personal injury case: economic, non-economic, and punitive. Understanding the different types of damages available can help you receive the full compensation you deserve. The experienced personal injury lawyers at Lawrence & Associates understand the Ohio and Kentucky injury laws that apply to your claim and will fight for maximum recovery in your case.
Types of Compensatory Personal Injury Damages
If you can show that the other party’s negligence caused your injuries, filing a claim for personal injury damages is the next step. There are two main categories of damages in a personal injury lawsuit: compensatory and punitive.
Economic Damages: Covering Tangible Losses
Economic damages are the actual financial losses you suffered because of the injury. Economic damages include:
- Medical bills: Medical expenses in personal injury claims can include doctor visits, hospitalization, medication, physical therapy, and other related expenses.
- Lost wages: A personal injury claim can include damages for lost wages when the injury prevents you from working.
- Property damage: Damage caused to your vehicle or personal belongings that also resulted in your physical injury.
Other potential economic damages include reimbursement for transportation to medical appointments and the cost of home or vehicle modifications due to permanent limitations.
Non-Economic Damages: Addressing Pain and Suffering
Unlike economic losses, these non-economic damages are more challenging to calculate because there are no invoices or receipts. Some of the damages that are considered non-economic include:
- Pain and suffering: Serious physical pain or discomfort related to your injuries
- Emotional distress: Trauma resulting from an injury, such as fear, anxiety, or loss of sleep
- Loss of consortium: Loss of the benefits of married life, such as companionship, affection, and comfort
- Loss of enjoyment: Loss of enjoyment of hobbies and everyday activities
- Physical impairment or disfigurement: Impairment or disfigurement due to injuries like brain damage, paralysis, and burns
There is no magic formula for calculating pain and suffering or other non-economic damages. Your personal injury attorney can help place a fair value on these damages based on many factors.
Punitive Damages: When Negligence Goes Beyond Compensation
A third type of damages, punitive damages, exists when extreme recklessness causes injury. Punitive damages in a personal injury lawsuit are far less common than compensatory damages.
Punitive damages are awarded to a plaintiff to punish a defendant’s extremely harmful behavior. For example, punitive damages may be awarded if a company knew about a product defect that caused multiple injuries or deaths.
Ohio and Kentucky laws cover punitive damages in a personal injury case. For example, Ohio law caps punitive damages at $350,000 or two times compensatory damages, whichever is higher. Kentucky law has no caps on compensation for punitive damages, but in Kentucky, a court can only award punitive damages where a defendant’s behavior is severe.
Factors That Affect Personal Injury Compensation
Understanding what affects your personal injury claim can help you to navigate the legal process. Some of the factors that can affect the value of your claim include:
- Type and Severity of Injuries: Severe injuries such as traumatic brain injuries that require expensive medical care and result in permanent limitations can increase the value of a personal injury case
- Emotional and Mental Distress: Emotional and mental distress caused by your injuries will also play a role in your compensation.
- Strength of Evidence: Evidence is critical in personal injury cases. You’ll need medical records, witness statements, and expert witnesses to build the strongest possible case.
- Your Attorney’s Experience: A knowledgeable lawyer can help you secure the most favorable Ohio or Kentucky personal injury settlement.
- Shared Fault: If you are found partially responsible for your accident, the court could reduce your compensation. For example, in Kentucky, a court might reduce the compensation received in a personal injury settlement by the plaintiff’s percentage of fault. In Ohio, a court could also reduce compensation by the percentage of fault assigned to the plaintiff and prevent compensation in cases where the plaintiff was 51% or more at fault.
What Types of Personal Injuries Qualify for Compensation?
Many different types of personal injuries qualify for compensation. The party responsible depends on the circumstances of the accident. An experienced attorney can help you understand your rights and how to file a claim in your circumstances.
Some of the most common types of personal injury claims include:
How Long Do I Have to File a Personal Injury Claim for Damages?
Every state has laws that limit how long a person has to bring a personal injury claim, called the statutes of limitations. In Ohio, you have two years from the accident or injury to file a lawsuit for personal injury damages.
In Kentucky, you have one year for most personal injury claims, except for motor vehicle accidents, where you have two years. It’s important to file your claim within this timeframe to avoid losing your right to the compensation you need and deserve.
How a Personal Injury Lawyer Can Maximize Your Compensation for Damages
A skilled personal injury attorney can provide you with invaluable service by:
- Identifying the party that should be held responsible for your injuries
- Gathering critical evidence to support your claim
- Calculating the right amount and type of damages ask for based on the facts of your case
- Negotiating a fair settlement with the insurance company
- Filing your lawsuit and representing you in court if necessary
When you work with Lawrence & Associates, our experienced attorneys have the skill and knowledge to fight for the compensation you deserve. We care so deeply about our clients that we’ve set up a Client Bill of Rights for your peace of mind. Our seasoned attorneys will answer your questions and help you better understand your legal rights.
Get the Compensation You Deserve for Your Personal Injury Claim
Suffering from an injury can be overwhelming, but you don’t have to face it alone. You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more—and we’re here to fight for you. At Lawrence & Associates Accident and Injury Lawyers, LLC, we’ve helped injury victims across Ohio and Kentucky recover the damages they deserve.
Let us review your case and explain your options at no cost. Your recovery matters. Let us help you secure the financial support you need to move forward. Contact our experienced personal injury lawyers today for a FREE consultation.
Call us at (513) 960 5503 in Ohio and (859) 251-3045 in Kentucky, or contact us online to schedule your appointment.
