Legal Question in Personal Injury in Ohio

how do you figure out what a personal injury lawsuit under ohio's tort law

what formula do you use to figure what a fair settlement under ohio's tort law? medical bills from 3 surgerys, loss of of pay for about 22 mths, now a permanent disability of 60% in a limb that was your doctors findings and the insurance companys doctor not disputing our orthopedics findings, and now a 50%chanceof a fourth surgery replacing the kneecap. this particular limb is the livelyhood of my family members sucess in his job occupation.


Asked on 9/26/00, 1:28 pm

2 Answers from Attorneys
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: how do you figure out what a personal injury lawsuit under ohio's tort law

There is no formula that is used to calculate damages. Under Ohio tort law, a plaintiff can recover damages, if he or she can prove the damages to the satisfaction of a jury, for medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and permanent disability. Future damages can be recovered, but only if they are reasonably certain to occur. This is a higher burden of proof than a probability.

If you are not represented by an attorney, I would suggest that you retain an attorney for advice before entering into any settlement agreement.

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Answered on 10/25/00, 4:14 pm
Gregg Manes Gregg A. Manes, Esq.

Re: how do you figure out what a personal injury lawsuit under ohio's tort law

Calculating the loss is an art rather than a mathematical formula. It is impossible to state exactly what your loss is. I would strongly suggest that you contact an attorney to assist you in this matter. Please feel free to contact me if you so desire.

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Answered on 10/25/00, 1:05 pm


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