Can I Sue for Emotional Distress in Ohio?

Yes. If you were injured because of someone else’s negligence, Ohio law allows you to recover compensation not only for your financial losses and physical injuries, but also for the emotional and psychological harm the injury caused. This is a key ingredient or component of an injury case. 

These damages are commonly referred to as pain and suffering damages or non-economic damages. These damages recognize that a serious injury affects far more than medical bills and lost wages. Physical pain can itself cause anxiety, depression, fear, loss of enjoyment of life, sleep disturbances, and emotional trauma.

At Kitrick, Lewis & Staley-Sladek we have represented thousands of injured Ohioans for over four decades. We understand that emotional suffering or pain and suffering is often the most difficult and sometimes the longest-lasting part of recovering from a serious accident.

Emotional Harm Is Real

Many injuries are not visible. After a serious car accident, truck collision, motorcycle crash, fall, or other traumatic event, many people suffer  lasting emotional and psychological consequences. These effects interfere with nearly every aspect of daily life, including:

• Family relationships 
• Marriage 
• Parenting 
• Friendships 
• Employment 
• Hobbies and recreation 
• Sleep 
• Overall quality of life 

Some people require counseling, psychological treatment, medication, or ongoing therapy. Others struggle with fear, panic, depression, or post-traumatic stress that makes it difficult simply to drive again or return to normal activities. 

These losses deserve to be recognized and fairly compensated. We analyze these harms in great detail to make sure our clients obtain the proper compensation. 

Does Ohio Limit or Cap Pain and Suffering Damages?

Sometimes. Ohio law places limits or a ceiling on many non-economic damages, including pain and suffering and emotional distress. In many personal injury cases, these damages are capped by the Ohio Revised Code.

However, Ohio law does have important exceptions. For example, Ohio’s statutory cap generally does not apply when an injured person suffers certain catastrophic or permanent injuries, such as:

• Permanent and substantial physical deformity 
• Loss of use of a limb 
• Loss of a bodily organ system 
• Permanent physical functional injury that prevents the person from independently caring for themselves and performing life-sustaining activities 

Determining whether the statutory cap applies requires a careful legal analysis. At Kitrick, Lewis & Staley-Sladek, we thoroughly investigate every case to determine whether an exception applies and we work aggressively to obtain every dollar Ohio law allows.

Understanding Pain and Suffering

Pain and suffering includes far more than physical pain.  It encompasses the physical, emotional, and psychological consequences of an injury, including the ways an accident changes a client’s everyday life.

A serious physical injury causes emotional injuries as well. Chronic pain, lengthy medical treatment, permanent disability, and uncertainty about the future frequently lead to significant emotional distress.

We spend considerable time with our clients learning how their injuries have affected their lives.  We work with physicians, counselors, psychologists, family members, friends, and other witnesses to fully document these losses, so insurance companies and juries understand the true impact of our clients’ injuries.

Examples of Emotional Distress or Suffering

Emotional suffering may include:

• Post-traumatic stress disorder (PTSD) 
• Anxiety 
• Depression 
• Panic attacks 
• Adjustment disorder 
• Sleep disturbances and insomnia 
• Fear of driving or traveling 
• Loss of enjoyment of life 
• Grief following the loss of a loved one 
• Emotional trauma requiring counseling or medication 

Every person’s experience is different. Suffering is different for every person. There is no single formula for measuring emotional harm. That is why we study in great detail how each client and their life has been negatively affected. 

How Do You Prove Emotional Distress or Suffering  in Ohio?

Because emotional injuries cannot be seen on an X-ray or MRI, proving these damages requires careful preparation and persuasive evidence. Evidence may include:

Medical and Mental Health Records

Treatment records from physicians, psychologists, psychiatrists, counselors, or therapists help prove  the nature and extent of emotional or mental distress or suffering.

Expert Testimony

Mental health professionals may explain how the accident caused psychological injuries and how those injuries affect daily functioning.

Physical Symptoms

Emotional distress often produces physical symptoms such as:

• Insomnia 
• Headaches 
• Fatigue 
• Panic attacks 
• Digestive problems 
• Difficulty concentrating 

These symptoms can help prove and strengthen a claim for non-economic damages.

Testimony from Family and Friends

The people closest to you often see changes that others do not. Family members, close friends, co-workers, and employers often testify about changes in a client’s mood, personality, daily activities, or relationships after the accident.

Evidence of How Your Life Changed

We focus on  how life is different today than it was before the injury. Insurance companies and juries need to understand:

• What activities can you no longer enjoy? 
• Has your relationship with your spouse or children changed? 
• Are you able to return to work? 
• Do you avoid driving because of fear? 
• Have your hobbies or social life disappeared? 

These real-life changes demonstrate the full extent of the client’s harms and losses.

What Compensation Can You Recover?

Depending on the circumstances of your case, compensation may include:

• Medical expenses 
• Future medical treatment 
• Lost wages 
• Loss of future earning capacity 
• Pain and suffering 
• Emotional distress 
• Loss of enjoyment of life 
• Property damage (when applicable) 
• Loss of consortium 
• Punitive damages in cases involving particularly egregious or malicious conduct 

Every case is unique. Every person is different. The amount recoverable depends on the severity of the injuries, the evidence, and the applicable provisions of Ohio law.

How We Help

Insurance companies attempt to minimize emotional injuries because they cannot be measured with a bill or receipt. We don’t. We take the extra time to understand how your injuries have changed your life. We help our clients obtain appropriate medical and psychological care, gather the evidence necessary to prove their losses, and present a compelling case that reflects the full impact of the injury and not just the economic costs.

If you have been injured in Ohio, we would be honored to discuss your case and explain your legal rights.

Contact us today to schedule a free consultation.