What Are Punitive Damages in an Ohio Car Accident Case?

After suffering injuries in an Ohio car accident because of another party’s fault, you have the right to file a legal claim and seek compensation. However, navigating an Ohio car accident claim can be complex. One aspect that makes an Ohio car accident claim more complex is punitive damages. Most people don’t understand what punitive damages are in a car accident case. They don’t understand when these damages can be awarded. This article explores what punitive damages are in Ohio car accident cases, when they may be granted, and the requirements for pursuing them.

What Are Punitive Damages?

In an Ohio car accident case, the claimant is entitled to compensatory damages for economic and non-economic losses. These damages are meant to compensate the plaintiff for the actual losses suffered, including medical expenses, lost wages, vehicle repair costs, and pain and suffering. On the other hand, punitive damages are not tied to the injury or financial loss suffered by the claimant. Instead, these damages are meant to punish the defendant and prevent others from engaging in similar behavior.

When Are Punitive Damages Awarded in Ohio Car Accident Cases?

Because personal injury cases are mainly about compensating the injured party and not punishing the defendant, punitive damages are not awarded in all Ohio car accident cases. In an Ohio car accident case, punitive damages can only be awarded if specific criteria are met. Under Ohio law, punitive damages can only be awarded in a car accident case if the defendant’s actions show malice, aggravated or egregious fraud, or if they approved, took part in, or endorsed malicious or extreme actions.

Requirements for Pursuing Punitive Damages in Ohio

Ohio has specific requirements for pursuing punitive damages in a car accident case. First, you can only be eligible to recover punitive damages if you are able to prove that you are eligible for economic and non-economic damages. Second, Ohio law requires claimants to provide clear and convincing evidence that they are entitled to recover punitive or exemplary damages. This is a higher standard than the “preponderance of the evidence” standard typically used in civil cases. Because of this, it can be hard to obtain punitive damages. It is crucial to consult an experienced attorney if you believe you may be eligible for punitive damages in your Ohio car accident case.

Limits on Punitive Damages in Ohio

Under Ohio law, punitive damages cannot be more than twice the amount of economic and non-economic damages. However, for small employers or individuals, punitive damages cannot exceed the lesser of two times the amount of compensatory damages or 10% of the party’s net worth at the time the harm occurred, up to a maximum of $350,000.

Contact a Columbus Car Accident Lawyer

If you believe you may be eligible to recover punitive damages in your car accident case, it’s vital that you seek the help of an attorney. Our skilled Columbus car accident attorneys at the law firm of Brian G. Miller CO., LLC can help you secure the justice and compensation you deserve. Contact us today to schedule a consultation.

Source:

codes.ohio.gov/ohio-revised-code/section-2315.21#:~:text=(1)%20Punitive%20or,that%20so%20demonstrate.