Recovering Damages
Columbus, Ohio
Ohio’s civil justice system provides for money damages for personal injuries or death caused by the wrongful conduct of another person.
Recovering money damages in an Ohio civil lawsuit or claim can involve obtaining a judgment against the wrongdoer or settling for an agreed amount without a trial. In either case, money damages are designed to reimburse for losses suffered as the result of personal injury or wrongful death. Robert W. Kerpsack Co., L.P.A., Columbus personal injury attorney, knows how difficult it can be to recover full and fair compensation, and has experience helping people through the complex legal maze of proving the money damages to which they are entitled.
What are Money Damages?
There are several types of money damages that can be recovered in a tort case. One or more of the following may be awarded in a successful civil lawsuit or claim:
- Compensatory damages or actual damages
- Special damages or out-of-pocket damages, sometimes classified as economic damages
- General or non-economic damages, sometimes classified as pain and suffering or loss of companionship
- Statutory damages are prescribed by a state or federal law when a violation of the law occurs
- Punitive damages are designed to punish the wrongdoer for egregious misconduct
Court costs are usually recoverable in a successful lawsuit. However, attorney fees are usually not recoverable in most personal injury and wrongful death cases, unless the wrongdoer is found to have engaged in particularly egregious misconduct.
Settlement
A settlement is an agreement that a wrongdoer or his/her liability insurance company will pay money damages to a claimant. There may be many reasons why you may want to settle your case rather than proceeding to trial, but you will want to make sure that any settlement provides for full and fair compensation.
A settlement agreement is a legally binding contract, which is usually enforceable by the courts.
Judgment
There are several types of judgments that a court can enter in a personal injury or wrongful death lawsuit:
- Consent judgment – A binding judgment that is usually entered on a settlement reached between the parties
- Default judgment – A binding judgment against a party that does not respond to a lawsuit
- Summary judgment – A determination by the court that reasonable minds (i.e. the jury) can only conclude one way on a disputed matter
Payment Types
Depending on the size of the settlement or judgment and the wrongdoer's ability to pay, money damages can be paid in one of the following ways.
- Lump sum cash payment
- Purchase of an annuity (obligation to make future payments is assigned)
- Other structured settlement (cash payments made over time)
If you or a loved one needs assistance in obtaining fair and adequate compensation for a personal injury or wrongful death claim, contact Columbus, Ohio personal injury attorney Robert W. Kerpsack Co., L.P.A. You may be entitled to recover money damages.
