Legal Question in Personal Injury in Ohio

Dangerous Negligence & Punitive Damages

A driver who intentionally was not looking where he was going for a significant period of time crashed into me and I may need to go to small claims court.

1. May I reasonably claim that his behavior was so dangerous that it was likely to injure me or someone else?

2. May I ask for punitive damages of triple the amount of medical bills and pain & suffering?

3. In terms of my medical costs, how much should I seek for pain & suffering?

4. How much should I seek for punitive damages, if applicable?


Asked on 4/13/04, 10:46 am

1 Answer from Attorneys
Timothy Hess T. Hess & Associates, LLC

Re: Dangerous Negligence & Punitive Damages

Whether he was looking the other way intentionally or not is irrelavant. If he is leagally at fault, (negligent) than you can recover. Does he have insurance? Your ability to recover depends largely in part on whether he had insurance or not. If not, you can make a claim on your UM/UIM insurance. I would not reccommend filing in small claims court as the usual limit on what you can recover is $3,000. Also, you generally can not recover punitive damages for a negligence action. What you can recover largely depends on your injuries, treatment, and amount of your medical bills. Not knowing what they are, it is hard to say how much. Feel free to contact me with any more questions.216-241-1214

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Answered on 4/13/04, 6:02 pm


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