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Limits on Your Personal Injury Compensation

Attorney Gary Cowan explains caps on pain and suffering in Ohio lawsuits.


After being injured in a personal injury accident, you have only one chance to become made whole again and this is to bring a lawsuit against the person who caused you harm.

The amount you may be awarded, either by a jury or through a settlement, is primarily based on the types of injuries you sustained in the accident. While some accidents leave only a few scratches and bruises, other times you may suffer much more severe injuries which can be permanent.

Normally, the more severe the injury is and the greater impact it has on your life, the more compensation is awarded. Our main goal is to seek enough recovery money for you to take care of your health and the consequences of your injuries — not just currently but in the future. You may also be able to receive another type of compensation called ‘pain and suffering.’ Also known non-economic damages, this type of claim is based on intangible injuries.

In Ohio, there are caps or limits on non-economic damages. This can range between $250,000 and $350,000 per each accident lawsuit. However, it is possible to go beyond these limits and receive more for your accident case. In cases regarding physical deformities and other permanent injuries your attorney may be able to break through the caps of pain and suffering limits. Not all injuries will lead to damages for pain and suffering. In general, damages for pain and suffering can be awarded for past, present, and future physical distress in a personal injury case.

To learn more about personal injury law, I encourage you to watch the video above and to explore our educational website at https://www.elkandelk.com. If you have legal questions, please call us at 1-800-ELK-OHIO. I welcome your call.

Gary Cowan joined Elk & Elk Co., Ltd. in 2000 as a trial attorney and litigator. He has been involved in personal injury and medical malpractice litigation since 1988, and has been lead trial counsel in over 80 jury trials.