When you’re injured in an accident caused by someone else’s negligence, the financial impact can be overwhelming—medical bills, lost wages, and long-term treatment costs quickly add up. But not all damages are financial. Victims also experience physical pain, emotional distress, and loss of enjoyment of life. These non-economic damages fall under “pain and suffering.”
At The Richards Firm, an experienced attorney in Hamilton, Ohio, we often hear questions like: How is pain and suffering calculated in a personal injury case? Below, we’ll explain what counts as pain and suffering, how Ohio courts approach these damages, and why legal representation matters.
What Counts as Pain and Suffering in Ohio?
Pain and suffering damages cover more than just physical discomfort. They can include:
- Physical pain: Ongoing discomfort, chronic pain, or long-term impairment caused by the injury.
- Emotional distress: Anxiety, depression, PTSD, or mental anguish related to the accident.
- Loss of enjoyment of life: Inability to participate in hobbies, sports, or daily activities you once enjoyed.
- Loss of companionship or intimacy: injuries may impact personal relationships.
Since these damages are non-economic, they don’t come with a clear price tag like a hospital bill would—making calculation more complex.
How Ohio Courts Calculate Pain and Suffering
Unlike medical bills or lost wages, there’s no fixed formula for calculating pain and suffering in Ohio. However, attorneys and courts may use common methods to estimate a fair value:
1. Multiplier Method
While this approach can be viewed as lazy, we do hear from clients of others using this approach. Quite simply, the injured person’s economic damages (like medical bills and lost wages) are multiplied by a number depending on the severity of the injury.
- Example: $50,000 in economic damages × 3 (for serious, lasting injuries) = $150,000 for pain and suffering.
Again, we find this approach lazy, but Ohio law does not set out any formula.
2. Per Diem Method
This method assigns a daily dollar amount to the victim’s pain and multiplies it by the number of days they’ve suffered.
- Example: $200/day × 300 days = $60,000 for pain and suffering.
3. Factors Courts Consider
Judges and juries may also look at:
- Severity and permanence of the injury.
- Impact on work and daily life.
- Testimony from medical experts and mental health professionals.
- Credibility of the victim’s testimony.
Ohio’s Legal Limits on Pain and Suffering
Ohio places caps on non-economic damages in many personal injury cases. Generally, pain and suffering damages are limited to the greater of:
- $250,000, or
- Three times the amount of economic damages, up to $350,000 per plaintiff and $500,000 per case.
However, Ohio law does provide for limited exceptions to the cap on damages. For example, if the victim suffers permanent and substantial physical deformity, loss of limb, or other catastrophic injuries, these limits may not apply.
Why You Need an Experienced Attorney
Calculating pain and suffering is not straightforward. Insurance companies often undervalue these damages, focusing only on medical bills while ignoring the true impact on your life. A skilled attorney in Hamilton, Ohio can:
- Gather strong medical evidence and expert testimony.
- Build a compelling case to demonstrate your suffering.
- Negotiate with insurers for full and fair compensation.
- Take your case to trial if needed to fight for your rights.
Protecting Your Right to Full Compensation
Pain and suffering is a vital part of personal injury claims in Ohio, but they are often the hardest to prove and recover. If you’ve been injured in an accident, don’t leave compensation for your physical and emotional suffering to chance.
Contact The Richards Firm, a trusted attorney in Hamilton, Ohio, for a free consultation. We’ll review your case, explain how damages may be calculated, and fight to secure the justice and compensation you deserve.