After a Dayton, OH, car accident, you can sue for the pain and suffering you endured due to your injuries and the recovery process. However, while the physical trauma of your injuries can linger for a long time, it can be difficult to prove this portion of your injury case.
A Dayton car accident lawyer in your area can clarify how to document your injuries and their aftermath. They can also help you understand the methods used to assess the monetary value of pain and suffering. Finally, your lawyer will fight hard for the entire financial value of your case and will often represent you at no out-of-pocket cost.
How to Assess Pain and Suffering Damages in Dayton Car Accident Cases
Pain and suffering can be challenging to quantify. However, your attorney will collect the following evidence to prove the physical and psychological impact of your injuries:
- Photos of your injuries
- Written future prognosis
- Medical records and bills
- Complete treatment protocol
- Injury-related mental healthcare records
- Proof of the time you missed from work
- Your written statement about your experience
Your lawyer will also consult medical experts, specialists, and rehabilitation and therapy professionals to establish the toll that your injuries and recovery have taken on you.
Assessing the value of pain and suffering following a car accident is complicated. The best way to avoid having your case undervalued is to let a lawyer handle valuation for you.
Additional Noneconomic Damages Your Car Accident Lawyer Will Request
When a lawyer handles your case, they collect tangible proof of your intangible damages, which consist of more than just physical pain and suffering. Additional noneconomic damages they might include in your claim are:
- Physical disability
- Physical disfigurement
- Mental anguish
- Emotional distress
- Diminished quality of life
Since bills and receipts don’t document the impact of these noneconomic damages, your legal team will investigate and place a monetary value on the effects of the accident on your daily life.
Recoverable Economic Damages for Car Accident Victims in Ohio
You can also compel the at-fault party in your crash to compensate you for its economic costs. These damages will likely come out of your pocket if not covered by the at-fault party.
Recoverable economic damages include the following:
- Past and future medical bills
- Past and future lost income
- Loss of future earning ability
- Property damage or total loss
- Diminished property value
Families who lost a loved one in a negligence-based accident can also recover wrongful death damages.
You Have Limited Time to File Your Dayton, OH, Car Accident Lawsuit
You cannot compel compensation from the at-fault party via the court system if you file your lawsuit past the statutory deadline. In Ohio, you generally have:
- Two years to file your personal injury lawsuit, according to Ohio Revised Code Section 2305.10
- Two years to file your wrongful death lawsuit, according to Ohio Revised Code Section 2125.02
Complying with the statute of limitations is mandatory. A car accident lawyer can help you interpret the filing deadline and its application to your case.
Ohio’s Compensation Limitations Could Also Affect Your Financial Recovery
According to Ohio Revised Code Section 2315.18 (B)(2), the court might cap your noneconomic damages at $250,000 or three times your economic damages, whichever is greater.
However, if your injuries meet the state’s catastrophic injury threshold, these damage caps might not apply. The best way to understand whether your case is subject to these financial limitations is to let your lawyer clarify it for you.
How to Establish Negligence in Your Dayton Car Accident Case
Recovering damages from the at-fault party depends on your ability to prove their negligence. The elements of negligence your case requires include:
- Duty of care: Each driver’s legal obligations
- Breach of duty: Failure to meet their legal duty
- Causation: The link between action and accident
- Damages: The accident’s financial consequences
You must prove causation to show how the accident would not have occurred without the at-fault driver’s actions. Your lawyer will establish this critical fact with persuasive evidence.
Your Legal Team Will Build the Strongest Possible Evidence Collection
Along with the evidence your lawyer collects to prove the cause and costs of your pain and suffering, they will also collect evidence to substantiate your entire case. It will include your car accident report, which can provide the following information:
- Driver contact details
- Insurance company details
- Accident reconstruction
- Police-generated photos
- Accident scene video
- Investigative narratives
Your evidence collection will also include statements from witnesses at the accident scene and relevant medical and other experts. Your lawyer will identify and consult these experts on your behalf.
Your Lawyer Can Handle All Communication With the Insurance Company
Filing an insurance claim after a car accident starts with notifying the insurer of the collision. From there, the process involves various claim forms and other paperwork.
Avoid saying or signing anything or posting about the crash on social media. The sooner a lawyer handles your case, the better. Letting your lawyer speak for you means avoiding unintentionally accepting any portion of fault or having your words later misconstrued to reduce your settlement.
The insurance company must see all the costs your injuries incurred. Thus, your lawyer will help you track your medical care and the expenses you incur getting to and from any required treatment. All these figures go into assessing the complete monetary value of your case for settlement negotiations.
Get Help Seeking Pain and Suffering After a Car Accident
If you or a loved one sustained injuries in a car accident in Dayton, you can sue for pain and suffering along with other recoverable damages. Our car accident attorneys will help you build a convincing case file that proves your right to financial compensation.
Learn more about the merits of your personal injury case with a no-cost, no-obligation consultation. Contact our team at The Fitch Law Firm LLC today to get started