The elements of a personal injury claim are universal in all states. All jurisdictions agree that there must be a duty of care that was breached due to negligence, leading to injuries or damages.
However, negligence laws are different across states. These laws determine whether you can recover damages with your claim and the amount you may get in compensation.
Suppose you contributed to the event that led to your personal injury claim. In such a case, you can only claim compensation if your contribution is less than that of the other party. In Ohio, you cannot recover anything with your claim if you are 51% or more at fault.
Some states do not restrict the compensation you may recover following a personal injury. However, the situation is much different in Ohio.
Economic damages do not have legal caps. These include property damage, lost wages, and medical bills (including future expenses). However, some limitations apply to non-economic benefits like emotional anguish, lower quality of life or pain and suffering. You cannot recover more than $250,000 or three times your economic damages for the non-economic losses you suffered (whichever is greater).
It is worth noting that if your injuries are severe and likely to affect your life permanently, these damage caps will not apply to your claim.
There is a lot that happens before your claim is settled. Therefore, it is important to understand everything that happens in the claims process, more so from a legal perspective. Having the proper guidance will help protect your rights, assess the damages you are entitled to, and ensure you make the most out of your claim.