The Damages That You Are Entitled To Receive In Your Personal Injury Case

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Under Ohio law, a personal injury claimant is entitled to be paid by the insurance company for full, fair and just compensation for all of the following damage categories:

  • The nature, and extent of your injuries. This includes the nature of your injuries, the severity and extent of your injuries and the effect that your injuries have had on your physical health.
  • Physical pain.
  • Physical impairments. This includes either a whole or partial loss of function of any use of any of your body parts whether temporary or permanent.
  • Pain and suffering or anxiety or mental suffering. This damage category is a very important category that includes anxiety or worries concerning your injuries, limitations and restrictions and concerns about your ongoing pain including worries about your future pain and suffering that is reasonably expected to occur. Mental suffering or anxiety is the emotional distress of your mind that includes frustration, embarrassment or indignity caused by your Personal injuries, restrictions and limitations.
  • Loss of enjoyment of life. This damage category involves a loss caused by a total or partial reduction in all of the activities that brought you joy and satisfaction.
  • Inability to perform your usual activities. This damage category includes all of your restrictions and limitations that are limiting your ability to perform all of your usual activities including your ability to walk, jog, feed yourself, drive a car, take care of your family, cook, perform household and yard work and care for your pets. 
  • Humiliation. This damage category includes how your injuries and limitations have caused you embarrassment.
  • Loss of earnings. The damage category includes all of your lost wages and future lost wages in the event your employment was impaired from the accident.
  • Hospital and medical expenses. This includes all reasonable and necessary charges for hospital care, treatments from your treating doctors, surgeons, psychologists, physical therapists, occupational therapists and any other reasonable and necessary medical care and treatment.
  •  Permanent injuries and future medical care and expenses. This is the most important damage category. Under Ohio law, if any of your injuries or restrictions and limitations are permanently impaired, you can recover the medical costs and expenses of all future medical care and treatment. Your treating physician must provide documentation that outlines their opinion, within a reasonable degree of medical probability or certainty that the injures you sustained as a result of the incident are permanent and it is probable that as a result of your permanent injuries that you will likely sustain future medical expenses. 

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