Toledo truck accident damage caps describe the maximum amount of money a person can receive following a truck accident. The cap on non-economic damages would be $350,000 for a married couple and $250,000 for a single individual. Depending on the economic damages, the cap for a non-catastrophic injury would be 0,000. The distinction of a catastrophic injury would be the loss of a bodily function or a part of the body. Some courts in Ohio have ruled that a severe limitation of a specific body part is a question of fact for the jury to determine. That part of Ohio Law is in dispute at the current time. Talk to a Toledo truck accident lawyer if you have questions about these caps on accident damages.
Circumventing Caps on Economic and Non-Economic Damages
The way to circumvent caps would be to use expert witnesses to convince a jury that there is a loss of a bodily function or a specific part of the body. For example, if somebody has a permanent leg injury that prevents them from walking or using their leg at all, the argument can be made that even though the leg is not amputated, it serves no use for bodily function. Under Ohio Law, that would be a question of fact for the jury to determine whether or not that would be a permanent loss of a part of the body. A jury could potentially award damages that would exceed the cap. Because the jury would determine that it is a catastrophic injury, that means the cap no longer applies.
Why Caps Are in Place
The caps are in place because the insurance industry argues that without these caps, injuries can adversely impact insurance rates. In reality, insurance rates are relatively modest in Ohio compared to other states and the caps really serve no useful purpose. It would make more sense to allow the jurors in an Ohio case to determine what would be a fair amount of money to compensate an individual.
What an Attorney Can Do
The attorney will meet with the injured person and get all necessary background information, including pre-existing records to determine a baseline before the accident. The experienced attorney would then order police reports, obtain photos, hire a private investigator (if necessary), obtain witness statements, and work with the injured person’s treating physicians regarding their recovery. It is important that the treating physicians have good reputations, and an experienced attorney will refer the injured to another treating physician, if the situation requires, and determine if any other experts are needed in order to maximize the injured person’s recovery. The attorney’s job is to work with the injured person to develop and individualize a plan to factually tell their story and maximize the financial recovery in the case.
Hiring a truck accident attorney is a good step for anyone who is facing an injury following an incident. You can potentially recover any damages despite the caps on economic and non-economic damages in Ohio and an attorney can help you along the way.