User:Castellilaw/Damages for Personal Injury in Ohio

Damages for personal injuries can vary from state to state. This article deals with the items of damage available in Ohio by one harmed as a result of the fault of another. This fault aspect is often referred to as negligence. Negligence is simply the failure to exercise the care that a reasonably prudent person would exercise under the same or similar circumstances. The first item of damage for discussion is the reasonable and necessary value of the medical treatment for the injury. You must not only prove that the medical care was related to the injury caused as a result of the negligence. You must also proove that the value of the services was reasonable. You are entitled to past medical expenses and future medical expenses that are reasonably certain to occur. The next item of damages is loss of wages. This is the amount of money you lost from a job you had been performing. You must prove that you were unable to perform the job as a result of the injuries. And you must prove the amount of wages you lost. stated another way you must show what you could have made in wages if you had been able to continue to work but for the injury. What can you recover if for instance you can not return to your job, but can still do some kind of work. This is called impairment of earning capacity. This is the difference between what you were capable of earning before your injury and what you are capable of earning now in your injured state The third item of damage is the pain and suffering that was caused by your injury. This can be proven by testimony from the doctors that treated you, people that observed your pain, and by the injured person's own statements. Separate and apart from pain and suffering is loss of enjoyment of life. These are often called Fantozzi damages, after the name of the legal case that defined these damages. These damages include loss of normall bodily functions such as the ability to walk completely or the ability to walk as you would have been able to do so normally. In addition the things that you enjoed doing, but now you can no longer do because of your injures is also an item. for instance if your back hurts so bad that you can no longer take part in a sport you enjoyed such as golf, tennis, basketball etc., then you are also entitled to recover for that loss. If yout injured caused scarring or disfigurement to your body that is a separate item of damage. For instance if your injury required you to have surgery, and you have a surgical scar, that is an item of damage that the injured person can seek recover. As to all of these damage there is a component available for past damages as well as future damage. Although for future damages the standard is often said to be higher. Past damages are proven by what was probable. future damages are said to be those that are reasonably certain to occur. Anthony Castelli refers to these damages http://www.castellilaw.com/insurance.html. in a blog article on Ohio damages that covers much of this information. This article herein is only intended to cover items of damage for personal injury. There are of course other damages for an injury resulting in death and of course for personal propery damage.

Castellilaw (talk) 05:54, 5 October 2009 (UTC)Anthony Castelli http://www.castellilaw.com