When an accident disrupts your life in Wadsworth, it’s important to have a legal team that understands your needs. Obral Silk & Pal Personal Injury Lawyers are here to help you pursue justice and compensation for your injuries. Our firm offers free consultations and personalized guidance for each client. Call us at 216-529-9377 to speak with a personal injury lawyer about your case.
Our personal injury services include:
Understanding the Types of Compensation You Can Seek in a Personal Injury Case
If you’ve been injured in an accident in Wadsworth, Ohio, you may be wondering what types of compensation you can pursue through a personal injury claim. The goal of any personal injury lawsuit is to make the injured party as whole as possible by recovering damages that reflect the harm they have suffered. The damages you can recover will depend on the specifics of your case, but generally, there are several categories of compensation available.
Economic Damages
Economic damages, also known as “special damages,” are designed to reimburse you for verifiable financial losses caused by your injury. These damages are based on actual expenses and losses that can be documented. Economic damages include:
Medical Expenses
One of the primary forms of compensation in a personal injury case is for medical expenses. This includes all costs associated with treating your injuries, such as hospital bills, surgeries, doctor’s appointments, physical therapy, and prescription medications. Even if you have insurance, your medical expenses can quickly add up, and you may be entitled to recover those costs through your claim.
If your injury requires long-term care or future medical treatment, you can also seek compensation for these future expenses. For example, if you require ongoing physical therapy or have a permanent injury that will need medical attention for years to come, your attorney can help you estimate these costs and include them in your claim.
Lost Wages
If your injury keeps you out of work, you may be entitled to recover the wages you lost during your recovery. This includes both short-term and long-term income loss. For example, if you are unable to work for several weeks due to hospitalization or rehabilitation, you can claim those lost wages.
In more severe cases, where your injury results in permanent disability or an inability to return to your previous job, you may be able to claim compensation for future lost earnings. Your attorney may work with vocational experts or economists to calculate these future losses.
Property Damage
In some personal injury cases, such as car accidents, your property may also be damaged. If your vehicle or personal belongings were damaged during the accident, you could seek compensation for repairs or replacement. This is typically part of the overall claim if the damage was caused by someone else’s negligence.
Other Out-of-Pocket Expenses
There are other expenses related to your injury that can be recovered as part of your claim. This includes things like transportation costs for medical appointments, necessary home modifications (e.g., installing a ramp if you’ve suffered a mobility impairment), or special medical equipment (such as wheelchairs, crutches, or braces). If you had to hire help for things like household chores or child care due to your injury, you could be reimbursed for those costs as well.
Non-Economic Damages
Non-economic damages, also known as “general damages,” are designed to compensate for intangible losses that are more difficult to quantify but are no less significant. These damages focus on the pain, suffering, and emotional distress caused by your injury. Non-economic damages include:
Pain and Suffering
Pain and suffering is one of the most common non-economic damages claimed in personal injury cases. This type of compensation reflects the physical pain and emotional distress you have endured as a result of your injury. It accounts for the suffering you experience from the injury itself, the recovery process, and any long-term pain that persists.
The amount you can recover for pain and suffering varies depending on the severity of your injury, the impact on your daily life, and how long the pain lasts. In many cases, insurance companies or juries will assign a multiplier to the economic damages (like medical bills or lost wages) to calculate the pain and suffering award. More severe injuries generally lead to higher pain and suffering awards.
Emotional Distress
Emotional distress damages compensate for the psychological impact of an injury. This includes feelings of anxiety, depression, fear, and trauma that arise due to the accident and its aftermath. If you are unable to participate in activities you once enjoyed, suffer from post-traumatic stress disorder (PTSD), or experience ongoing emotional challenges, you may be entitled to emotional distress compensation.
Loss of Consortium
If your injury has affected your relationship with your spouse, you may be able to seek compensation for loss of consortium. This refers to the loss of companionship, affection, and intimacy due to the injury. If the injury has caused significant strain on your marital relationship, your spouse may also be entitled to seek damages for this loss.
Punitive Damages
Punitive damages are awarded in cases where the defendant’s conduct was particularly reckless, malicious, or fraudulent. These damages are not meant to compensate the injured party for their losses, but rather to punish the wrongdoer and deter others from engaging in similar behavior. Punitive damages are relatively rare in personal injury cases and are usually only awarded in cases of extreme negligence or intentional misconduct.
For example, if someone causes an accident while driving drunk or engages in grossly negligent behavior that causes harm to others, a court may decide to award punitive damages in addition to the other damages.
Factors That Affect the Amount of Damages
The amount of compensation you can recover will depend on several factors, including:
Severity of Your Injury
The more severe your injury, the higher the potential for compensation. Permanent injuries or those that require extensive medical treatment often result in higher damage awards. Injuries that affect your ability to work, enjoy daily activities, or lead to long-term disability typically result in larger settlements or verdicts.
Impact on Your Life
If your injury significantly disrupts your quality of life, this can increase the amount of damages you can claim. For example, if you can no longer engage in hobbies or activities you once enjoyed, or if your injury prevents you from working in the same capacity, these factors will influence the damages.
Liability
The degree to which the other party is at fault will affect the amount of damages you can recover. Ohio follows a comparative negligence rule, which means that if you were partially at fault for the accident, your damages may be reduced by your percentage of fault. However, if you are found to be more than 50% at fault for the accident, you may not be able to recover any damages at all.
Insurance Coverage
The amount of compensation you can recover may also depend on the at-fault party’s insurance coverage. If the responsible party has a substantial insurance policy, you may be able to recover more in damages. However, if the at-fault party is underinsured or uninsured, it may be necessary to explore other sources of compensation, such as your own insurance policy or a lawsuit.
Wadsworth Personal Injury Attorney Advocating for Justice
Understanding the types of damages you may be able to recover is crucial to your personal injury claim, but navigating the claims process can be complex. If you’ve been injured in an accident in Wadsworth, consulting with a personal injury lawyer can help you assess the full value of your claim and ensure you are pursuing all available compensation. Let the experienced personal injury attorneys at Obral Silk & Pal Personal Injury Lawyers help you seek the justice and compensation you deserve. We’re here to stand up for your rights every step of the way. Call 216-529-9377 today for a free consultation and personalized legal support.