Determining Damage For An Injury

Damage recovery is possible for any injuries you sustain if another was responsible for it

. Timely and competent legal counsel and representation is essential for this. One of the chief tasks of your injury lawyer is to assess the extent of the injury and its impact on the victim and his/her family.

Though assessment of all injury cases require legal help, catastrophic injuries are a little more difficult to deal with. Why is this so? In most cases, such an injury leaves an individual with a permanent problem, e.g. dismemberment, disfigurement, et al. There is also the chance of shortening of lifespan because of the injury.

Ohio laws give an injury victim the right to sue and obtain adequate damage recovery. This is more important in case of catastrophic injuries because the long-term or permanent effects of these may mean a life of disability and dependency. There is the need to have adequate financial support for medical treatment and care throughout life.

Assessing damage requires expert testimonials. A medical practitioner would be able to testify regarding the physical and psychological impact of the injuries while a therapist would be able to understand the changes in behavioral patterns, social skills, etc. A vocational expert would help assess how the injuries affect the earning capability.

Proper assessment is imperative to determine the right amount of compensation that would be fair and adequate for the victim, i.e. the plaintiff. Ohio has no limit on the economic damages a plaintiff can obtain. This may include present and future medical expenses, lost wages and benefits, and such others.

However, a cap on the non-economic damages you can recover from the defendant exists. The maximum limit is either $250,000 or three times the plaintiffs economic loss, whichever is more. There is a maximum limit of $350,000 for each plaintiff or $500,000 for each occurrence.

This differs when the plaintiff is a victim of catastrophic injuries. The maximum limit increases to $500,000 for each plaintiff or $1,000,000 for each occurrence in two circumstances

1.A loss of the use of a limb, loss of a bodily organ/function/system, or permanent consequential deformity

2.A permanent functional injury prevents from performing daily activities on your own

Calculating what the damages cost you requires competence in this area of law. You need a capable Ohio injury lawyer to deal with this task. He/she has the necessary knowledge and the right experts to determine the degree of injury and calculate compensation.

by: Orlando Matsota

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