How to Calculate a Fair Settlement Value for Soft Tissue Injuries After a Motor Vehicle Accident in Ohio

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your circumstances.

Detailed Answer

Soft tissue injuries—such as sprains, strains, whiplash and contusions—often lack clear diagnostic images yet can cause real pain and impairment. In Ohio, there’s no statutory formula for valuing these claims, but the following steps reflect common practice under Ohio law.

1. Document Economic Damages

• Medical Expenses: Collect all bills for emergency care, diagnostic tests, physical therapy and medications. These are the baseline economic damages.
• Lost Wages: Calculate time missed from work and any loss of earning capacity. Keep pay stubs, employer letters and tax returns.
• Future Costs: If you need ongoing treatment, get expert forecasts (e.g., physical therapy over six months). Use provider estimates or expert reports.

2. Assess Non-Economic Damages (Pain and Suffering)

Ohio caps on non-economic damages in personal injury cases were largely removed in 2020, so courts and insurers often use one of two methods:

• Multiplier Method: Multiply total economic damages by a factor (commonly 1.5 for mild injuries up to 5.0 for very severe). Example: $10,000 in medical bills × 2.5 = $25,000 non-economic award.
• Per Diem Method: Assign a daily rate (e.g., $100–$500/day) from injury date to maximum recovery date. Example: $200/day × 120 days = $24,000.

3. Factor in Comparative Negligence

Under Ohio’s comparative negligence rule, your recovery is reduced by your percentage of fault. See Ohio Rev. Code §2315.33: https://codes.ohio.gov/ohio-revised-code/section-2315.33. If you’re deemed 20% at fault on a $50,000 settlement, you net $40,000.

4. Consider Insurance Policy Limits

Identify the at-fault driver’s liability coverage. Even if your calculated value is $75,000, a $25,000 policy limit caps what you can collect from that insurer. You may pursue your own uninsured/underinsured motorist coverage if available.

5. Account for Liens and Subrogation

Medical providers, Medicare or private insurers may assert liens on your recovery for payments made. Factor these into your net settlement.

6. Use Expert Opinions

Medical experts, vocational specialists and life-care planners can validate future care costs and impact on daily living. Their testimony can drive settlement value.

7. Be Mindful of the Statute of Limitations

In Ohio, you generally have two years from the date of injury to file a lawsuit. See Ohio Rev. Code §2305.10: https://codes.ohio.gov/ohio-revised-code/section-2305.10. Missing this deadline typically bars your claim.

Helpful Hints

• Keep a detailed pain journal: note daily pain levels, activities you can’t perform and emotional impact.
• Gather before-and-after photos to illustrate range-of-motion or visible swelling.
• Obtain treatment records promptly; gaps can weaken your claim.
• Get multiple medical opinions if you suspect long-term or chronic issues.
• Consult an attorney before speaking to an insurance adjuster to avoid undervaluation traps.