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We often hear stories about plaintiffs in personal injury cases winning millions of dollars in court cases. In most circumstances, however, a judge or jury will be required by law to institute limitations or caps on the amount of money a plaintiff is rewarded. Below are a few important details to know about limits on personal injury damages.

3 Facts to Know About Limits on Personal Injury Damages

1. There Is a $250,000 Cap on Non-Economic Damages

The state of Ohio has clear rules about how much an injured party can receive in compensation. In the majority of injury claims that did not result in death, the state limit for non-economic damages is $250,000 or three times the amount of economic damages, whichever sum is more substantial. Examples of non-economic damages include pain, suffering, emotional distress, and any other type of loss that is not easily quantifiable.

2. Punitive Damages Cannot Be Greater Than Twice the Amount of Economic Damages

personal injuryPunitive damages are monies awarded to the plaintiff as a means of punishing the person responsible for the personal injury. These types of damages are not awarded in every injury claim; in general, the extent of the injury and the abject negligence or the intentional, malicious behavior of the defendant will help determine if punitive damages are an option. The limit in an Ohio personal injury case is twice the amount of economic damages.

3. Awards Could Be Capped in Relation to Contributory Negligence

Say you were involved in a car accident. You were making a left at a stoplight that had already turned yellow, and an oncoming driver hit your car. If the case went to court, the judge or jury might decide that both parties are responsible in unequal measure — you because the light had turned yellow, and the other driver because they hit you. The verdict might split responsibility by saying that the other driver is 70% liable and you are 30% liable. In a case like this, you wouldn't be able to seek 100% of the damages you may have initially hoped for.

 

If you are concerned about damage limits impacting your personal injury case, or you are in need of quality legal representation, trust the Law Offices of Lawrence W. Henke, III in Dayton, OH. Call (937) 461-9330, visit the firm's website, or connect with them via Facebook or Google+ to schedule a consultation. By knowing how limits can affect your injury claim, you can seek the appropriate amount of compensation necessary to help you move forward with your life.

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