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A damage cap is a set amount of money that represents the maximum amount a plaintiff can recover in a lawsuit. In California, a damage cap exists in personal injury cases, but it only applies to medical malpractice claims, and it limits non-economic damages to $250,000 in medical malpractice cases.
The statute was found unconstitutional as applied because it ?does not include an exception for severe and permanent psychological injuries in its caps on damages for noneconomic loss.? Therefore, the ruling in Brandt may open the door for circumventing the non-economic damages cap in Ohio in product liability and tort ...
The multiplier method calculates pain and suffering damages by multiplying the total sum of your economic damages, which are your financial-related damages, by a figure between 1.5 and 5. The latter figure is the ?multiplier? and is based on the severity of your pain and suffering.
Cap on Ohio Punitive Damages For these defendants, the punitive damages cannot exceed 10% of their net worth up to $350,000 even if twice the amount of compensatory damages is more than that. Attorney fees awarded for a punitive damage claim do not count against the capped amount.
Ohio Law Caps Pain and Suffering Damages in Some Situations Section 2315.18 caps noneconomic damages at $250,000 or three times the compensatory damages, whichever is greater. The law also says that the noneconomic damages cannot exceed $350,000 per claimant or $500,000 per occurrence.
Ohio Jury Payout Statistics Jury Verdict Research published a recent study indicating that the average verdict in personal injury lawsuits in Ohio is $303,955. The median personal injury verdict in Ohio is only $13,000. Approximately three percent of Ohio personal injury verdicts exceed $1,000,000.
Ohio law limits the amount of noneconomic damages that a personal injury victim can recover to $250,000 or three times the amount of economic damages, whichever amount is greater. However, noneconomic damages cannot exceed $350,000 if there is one plaintiff or $500,000 if there is more than one plaintiff.
Additionally, there are certain caps that the state of Ohio places on pain and suffering compensation for personal injury victims. Typically, OH § 2315.18 will limit the amount you can receive for pain and suffering and other non-economic damages to the greater of $250,000 or three times your economic damages.