Pain and Suffering Damages
Under Ohio Rev. Code Section 2315.21 (State of Ohio Laws and Administrative Rules), tort damages are broken out into
- Monetary losses, such as reimbursement for medical expenses after an accident or injury.
- Noneconomic losses including Pain and Suffering, in which monetary values are difficult to assign.
“Damages can be divided into two categories: special damages and general damages. Special damages cover all monetary losses, including medical expenses after an accident or injury. General damages are awarded for losses in which monetary values are difficult to assign, like pain and suffering.
“In Ohio, pain and suffering damages are considered as noneconomic loss. Noneconomic loss refers to nonpecuniary harm that results from an injury or loss to a person or property that is a subject of a tort action. In other words, noneconomic loss refers to any physical pain and mental distress resulting from an accident or injury.
“Other types of noneconomic damages are:”
- Loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education
- Mental anguish
- Any other intangible loss
“As a part of noneconomic loss, pain and suffering damages include both immediate and future pain. You can recover future pain and suffering damages if it’s certain that your condition will continue for a long time.
Dr. Singla is not an attorney. Consult with an attorney to determine accurate and most recent legislation in your State. Statements about law on this site may not be "accurate, but" are intended provide points of interest and relevant to Dr. Singla’s practice as a medical-legal expert witness. Medical conditions are discussed by a physician qualified to do so.