A car accident can change everything in an instant. You might be driving on I-75 or crossing the Brent Spence Bridge when you suddenly face medical bills, lost income, and injuries that affect your daily life.
If another driver caused the crash, Ohio law may allow you to recover compensation for those losses. But not every loss is treated the same way. Ohio recognizes different categories of damages, each with its own rules and, in some cases, limits on how much you can recover.
This guide will help you understand the types of damages you can claim after a car accident in Ohio and how to protect your right to get them.
Economic damages pay for the financial losses caused by a crash. Many economic damages can be documented through bills, receipts, wage records, and other financial evidence.
Medical costs are often the largest part of an injury claim. These can include:
If you need ongoing treatment for your injuries, your claim can also include the cost of future medical care.
If your injuries keep you from working, you may be able to recover the income you lost while you recover. If your injuries affect your ability to work in the future, your claim can also include lost future earning potential.
Economic damages also cover the cost of repairing or replacing your car. Other accident-related expenses may also count, like rental cars, rides to medical appointments, or medical equipment you needed.
Some of the hardest losses after a crash cannot be measured in money. Non-economic damages cover the physical and emotional effects an accident has on your life.
A serious injury can cause pain that affects every part of your day. It can change how you sleep, work, exercise, and do everyday tasks you once did easily.
Car accidents can leave lasting emotional effects. Anxiety while driving, fear, trouble sleeping, and other emotional struggles during recovery can all be part of your claim.
If your injuries prevent you from enjoying hobbies, sports, family time, or other activities you liked before the crash, you may be able to recover for that loss too.
There is no receipt for pain or lost quality of life, so courts look at these damages differently. They consider how serious your injury is, how long it lasts, and how much it affects your daily life.
Ohio limits non-economic damages in many injury cases. Under Ohio Revised Code § 2315.18, these damages are generally capped at the greater of $250,000 or three times your economic losses, with a maximum of $350,000 per plaintiff or $500,000 per occurrence.
There is an important exception. The caps do not apply to certain catastrophic injuries, such as permanent and substantial physical deformity, loss of use of a limb or bodily organ system, or a permanent injury that prevents a person from caring for themselves independently. An experienced attorney at The Cochran Firm Cincinnati can help determine whether your injuries may fall outside the cap.
Punitive damages differ from other types of damages. They do not pay you for a specific loss. Instead, they punish especially bad behavior and discourage others from acting the same way.
Punitive damages are not available in every car accident case. Under Ohio Revised Code § 2315.21, you generally must show that the at-fault party acted with malice or with aggravated or egregious fraud. Ordinary carelessness, like a momentary lapse in attention, usually isn't enough.
You also must prove you deserve punitive damages with clear and convincing evidence, a higher standard than most civil cases. Punitive damages are only available if you are awarded compensatory damages first.
If punitive damages are awarded, Ohio law limits how much a court can enter:
Exceptions exist, so the exact limit depends on your situation.
Many people worry that a previous injury will hurt their claim. A pre-existing condition does not automatically stop you from recovering damages. However, it can make it harder to tell what the accident caused and what was already there.
For example, if you had back or neck problems before the crash and the accident made them worse, Ohio law may allow you to recover damages for the aggravation of a pre-existing condition that was proximately caused by the crash, but not for the underlying condition itself.
This is why medical records matter so much. Records from before and after the crash can show how your symptoms, treatment, and abilities changed because of the accident. Insurance companies will review your medical history closely, so be ready to show the difference clearly.
The better your records, the stronger your claim. Without good documentation, insurance companies can more easily question or reduce your losses.
Start keeping records as soon as possible after the crash, including:
Documentation is more than just keeping receipts. Medical records show what injuries you have and how serious they are. Records of ongoing treatment show how long your injuries have lasted. Many people also find it helpful to keep a simple journal of their pain, limits, and missed activities to help show non-economic losses.
Keep everything organized in one place from the beginning. It will make building your claim much easier.
Depending on your case, an Ohio car accident claim may include economic damages, non-economic damages, and sometimes punitive damages. Economic damages pay for financial losses like medical bills and lost wages. Non-economic damages cover things like pain and suffering. Ohio law only allows punitive damages for certain serious misconduct.
How much you can recover depends on how serious your injuries are, your financial losses, the evidence you have, and the details of the crash. Knowing what each type of damage covers helps you understand what your claim might be worth.
You should not have to deal with insurance companies on your own while you recover. The Cochran Firm Cincinnati has helped injured clients across the state for over 20 years, with the support of the national Cochran Firm.
Our attorneys can look at your case, explain what damages you may be able to recover, and advocate for the compensation that may be available under Ohio law. Call us at 513-381-4878 or contact us to set up a free consultation. Our call center is open 24/7 to hear your case.
Depending on your situation, you can claim economic damages such as medical bills and lost wages, non-economic damages like pain and suffering, and sometimes punitive damages.
Yes, in most cases, Ohio caps non-economic damages at the higher of $250,000 or three times your economic loss, not to exceed $350,000 per person and $500,000 per accident. However, certain serious and permanent injuries are exempt from these limitations under § 2315.18.
Possibly. Having a pre-existing condition does not automatically stop you from recovering damages. If the accident worsened an existing injury or condition, you may be able to recover for the measurable worsening caused by the crash.
No. Under § 2315.21, the at-fault party's actions must usually show malice or serious fraud, and you must prove your right to punitive damages with clear and convincing evidence. Even when Ohio allows punitive damages, the law limits the amount.
