When you are injured in an accident caused by someone else’s negligence, you have the right to recover financial compensation. Your economic damages include items like your medical expenses and loss of earnings. You may also be wondering how much money can you sue for pain and suffering. Ohio law is complicated when it comes to compensation for non-economic damages like pain and suffering. To better understand your potential claim value, you need to speak with a Northwest Ohio personal injury lawyer. Determining If You Can Sue for Pain and Suffering Damages To determine whether you can sue for pain and suffering damages, you must first look at liability in your case. Before you can recover any compensation for your injuries, you must be able to prove liability against the defendant. That means the defendant must have: Owed a duty to you; Breached that duty; and Proximately caused your injuries through the breach of duty. Once you have successfully met the burden of proof for liability, you still have to prove your damages. You must be able to show you endured pain and suffering physically and/or emotionally. Factors courts look at when calculating your pain and suffering damages include: The severity of your injuries; How your injuries impacted your career, daily life, family, and relationships; The length of time it took you to heal; Whether future treatment is needed; and What your overall discomfort levels and pain were. These are all subjective figures. To help support your claim for pain and suffering, you want to have documentation from your medical providers as to your physical and emotional state of mind. They should discuss your pain and suffering, what medications you are taking or were previously prescribed, etc. It’s helpful to have family or friends who can write down or give testimony on your behalf. Your own written statement or testimony is also vital in helping others understand what you were going through. How Much Money Can You Sue for Pain and Suffering? The amount of financial compensation you can get for pain and suffering will vary. The more serious your injuries are, the larger settlement you are likely to receive. Ohio does not have a cap on the amount of compensation you can recover for non-economic damages in catastrophic injury cases. Catastrophic injuries would be things like an amputated limb, permanent disabilities, or a physical deformity. However, for non-catastrophic injuries, Ohio caps damages at $250,000 or three times the economic damages, whichever is greater. However, there is a maximum cap of $350,000 per plaintiff, or $500,000 for multiple plaintiffs. Steps to Take After Your Injury If you were not transported from the scene via ambulance, you still need to seek medical treatment right away. If you wait two or three weeks to seek medical treatment, the defendant’s insurance company may claim you were not that injured or that something happened after the initial accident. You do not want to give the defense any opportunity to poke holes in your case or raise doubt about how seriously you were injured. Resolving Your Pain and Suffering Case Out of Court Understandably, you might be wondering whether it’s better to go to trial and how much do insurance companies pay for pain and suffering? There is no exact amount, but they often use some variation of a formula. It could be something like three times your economic damages for moderate to severe cases or five times your economic losses in catastrophic cases. However, every carrier values claims differently. This is why you want an experienced Northwest Ohio personal injury attorney on your side. We will advise you whether it makes more sense to resolve your case out of court or whether it’s worth taking your case to trial. Many personal injury cases resolve out of court, even before a lawsuit is filed at all. If we need to file a lawsuit on your behalf, it doesn’t mean your case will drag on for years until the court sets a trial date. We will continue to work with the defense to resolve your case for its full value. How Our Lawyers Can Help To help you maximize the amount of pain and suffering damages you can receive, we will conduct a thorough independent investigation on our own. Our goal is to prove liability against the other party and maximize the compensation you’ll receive. We will gather all necessary evidence, collect medical documentation, and hire any experts required to prove you deserve the amount of pain and suffering you’re demanding. If your case proceeds to litigation, we will handle all the trial preparation. We have the experience and the resources necessary to cover all the up-front expenses and hire the best experts available. If you need representation to sue for pain and suffering damages, let us help fight for you. Contact Bensinger Law today to schedule an initial consultation.Keep Reading
Driven to Win.
Ohio Lawyer Specializing in Personal Injury and Civil Litigation
Aaron has extensive experience navigating personal injury and civil litgation in Ohio and California. Now based in Lima, Ohio, Aaron is dedicated to providing his clients with the best legal service possible.
He takes the fight to insurance companies, and won’t hesitate to take your case to trial. Aaron focuses on ensuring that each of his clients obtains the compensation he knows they deserve, despite the claims of insurance companies. As a personal injury lawyer, Aaron understands how devastating a serious injury can be. He and his team want to help you get your life back. His attention to detail is why some of the regions largest companies have chosen Aaron when faced with litigation. Aaron and his team are also staffed to handle litigation of any size including Federal cases, Ohio state cases, California state cases, and administrative actions.
In addition to personal injury, Aaron handles a variety of civil litigation cases. His diverse background helps him achieve the best results in all areas of law.
Let us Worry About Your Case, You Focus on Healing.
Meet Ohio Personal Injury Lawyer
Aaron L. Bensinger
When you work with Aaron, you’ll know right away that you’re more than “just another case.” Though Aaron has extensive experience working in large markets like California, he focuses on giving each client the attention they deserve.
Currently, Aaron is licensed to practice in both Ohio and California, but Ohio is home, and he loves helping people in Lima and beyond. Super Lawyers recognized Aaron as a “Rising Star” in 2014 and 2015.
“I have had an outstanding experience with Aaron Bensinger and his team. From day one they made me feel welcomed and taken care of! Frequent updates are the norm when you work with Aaron Bensinger. In addition, he really went the extra mile to make sure I was highly compensated for my injuries. Needless to say, I was satisfied with the outcome. I had a great experience and would come back with any other of my legal needs. He is the man!!”- Angela Hahn
"I highly recommend Aaron. He went above and beyond to help me out. He was extremely professional. My case was very overwhelming and he did a great job getting everything sorted out and taken care of."- Jordan Dunlap
"Aaron did a wonderful job on my Personal Injury case! He worked hard on my case, kept me informed throughout the process and obtained a great result! He is accessible and made me feel like he never stopped thinking about my case. I would recommend him to anyone."- Stephanie Huston
Recent Blog Posts
Even if you follow all applicable traffic laws and drive defensively, there is no guarantee you won’t be involved in a car accident at some point. Car accidents can be a scary experience for anyone. It’s essential to remain calm afterward and remember the Ohio car accident laws. You need to know your responsibilities and your rights, which can improve your ability to file a claim later on. If you need legal assistance after a car accident, let our skilled Northwest car accident lawyers show you how we can help. Your Responsibilities After an Accident Understandably, you may feel overwhelmed after an accident and be unsure of what to do. Most importantly, you don’t want to leave the accident scene. If your injuries are not too severe and you can safely do so, get photos of vehicle damage, road conditions, and injuries. Get the contact information for any witnesses while you wait for the police to respond and prepare a report. In an accident where your injuries are not severe enough to warrant transport via ambulance, you should seek medical care and report the claim to your insurance company right away. Many carriers have requirements that the claim be reported within a specific time frame. Does the Other Driver Have Insurance? Determining whether the other driver has coverage is important. When you report your claim to your insurance carrier, they will file a report with the other party’s insurance. That insurance company will do a coverage investigation to determine whether coverage applies before deciding on liability. If the other party does not have applicable liability coverage, you will want to pursue a claim through your own Uninsured Motorist (UM) coverage if you purchased UM/UIM under your own policy. Proving Fault Proving fault against the other party is necessary before you are entitled to recover any compensation for your damages. If there were multiple other vehicles involved, the process could become even more complicated. To successfully prove negligence, you must show the other party owed you a duty of care, they breached that duty, and that breach caused your injuries. Ohio car accident laws use comparative negligence to resolve claims. This means that as long as you are not more than 50% at fault, you can still recover a portion of your damages. However, the amount will be reduced by your percentage of fault. That means if a jury finds you 20% at fault, you will receive 80% of your damages. Statute of Limitations In Ohio, you only have up to two years to file a lawsuit for injuries resulting from an auto accident. Ohio auto accident laws are stringent on this deadline. Failure to file within the specified time limit could result in you receiving no compensation at all. When Insurance Companies Get Involved When presenting a claim to the other party’s insurance company, remember that they are not on your side. Their main goal is to save money, and their loyalty is to their insured, not you. This means they may deny liability outright or offer you an amount that is far less than your claim is worth. You should never sign any documents or agree to a settlement amount without first talking with a knowledgeable attorney. How Our Lawyers Can Help Deciphering Ohio auto accident laws can be complicated. You need someone on your side who understands the claims process and the applicable laws. When you retain our Northwest Ohio car accident attorneys, we will handle your claim from start to finish, so you can concentrate on your recovery. We will conduct an independent investigation, collect the necessary evidence, negotiate with the defendant’s insurance, and keep an eye on the statute of limitations. If your case needs to be resolved through a trial, we have the experience and resources to make that happen. Don’t let your fear of the legal system keep you from pursuing the compensation you deserve. Contact Bensinger Law today to schedule a consultation and learn more about how we can help you after an Ohio car accident. With our years of experience handling Ohio car accident claims, you can be sure we won’t let the insurance company push you into settling for less than your case is worth.Keep Reading
Trucks transporting wide load and oversize cargo must follow stringent rules. When a driver is hauling anything beyond the normal load, they will need to obtain special hauling permits. However, even the safest drivers who follow all the regulations can put others at risk by transporting oversized cargo. If you were injured in a wide load accident in Ohio, you need a skilled Northwest Ohio truck accident lawyer on your side. How Wide Load Accidents Can Happen Large truck accidents happen every day all across the country. Sometimes negligent drivers cause these accidents, while other times, equipment failure and adverse weather conditions may be contributing factors. Wide load and oversize truck accidents can occur in several different ways. Some of the most common reasons accidents happen can include: The extra weight of the cargo causes the tires to blow out; A higher center of gravity combined with a heavier load make the truck even more unstable; Weight distribution is concentrated in only one area of the trailer, making the truck difficult to control; The cargo may come loose, falling onto the roadway; and The driver’s capability to brake is hindered, especially on roads with elevation changes. Accidents involving oversize or wide load trucks can be complicated claims to pursue. You want an attorney who has experience representing clients in large truck accidents. At Bensinger Law, we have years of experience helping Northwest Ohio residents with all their injury claims, including oversize load accidents. Regulations These Trucks Must Follow All truck drivers and their employers are required to follow the mandated federal and state trucking laws. When hauling a wide or oversize load, there are additional regulations they must follow. One of the most critical steps is to get a special hauling permit. The permit will specify a route the driver must follow. It will also address where the driver will stop for fuel, food, and rest. Drivers hauling wide loads must stay in the right lane, use warning signs and flags, and transport cargo only within the restricted hours noted on the permit. Why These Accidents Are Much Different from Other Motor Vehicle Accidents Any accident involving a large truck is different from one involving a passenger vehicle because of the weight difference. Two smaller passenger vehicles that collide are unlikely to incur the same amount of damage that a large truck and small vehicle would. The risk of catastrophic injuries and fatalities are typically higher with truck accidents, even in seemingly minor collisions. How Can a Lawyer Help Pursue Compensation in an Oversize Load Accident? After suffering injuries in a wide load accident in Ohio, you want an attorney on your side. Pursing a claim against a trucking company is complex. When you retain an attorney early on in the claims process, we will conduct an investigation and preserve all critical evidence. We will verify whether the trucking company complied with all the requirements. When there is enough evidence, we will present a demand on your behalf. If your case does not resolve through negotiations, we will prepare to take it to trial. We have plenty of experience in the courtroom and aren’t afraid to stand up to these large trucking and transport companies. Contact Us If you were injured in a wide load accident in Ohio, contact Bensinger Law today. Let our skilled Northwest Ohio truck accident lawyers help you get the compensation you deserve. We will put our years of experience to work, so you don’t have to navigate the legal system’s challenges alone.Keep Reading