1. What you must prove (plain language)

To justify asking for more compensation you must show—not just claim—two things: (1) that your injury continues to cause pain, loss of function, or reduced life activities now (ongoing damages); and (2) that you will likely need medical care, assistance, equipment, or other services in the future because of the injury (future damages). In Ohio, proof usually combines medical records, objective findings, witness statements, and expert opinions admissible under the Ohio Rules of Evidence (for example, Rule 702 on expert testimony: https://codes.ohio.gov/ohio-rules-of-evidence/rule-702).

2. Types of evidence that carry weight

• Medical records and imaging. Clinic notes, hospital records, X-rays, MRIs, EMGs, and test results. Business-records exceptions let medical charts be admitted as records of regularly conducted activity (see Ohio Rules of Evidence Rule 803): https://codes.ohio.gov/ohio-rules-of-evidence/rule-803.
• Treating-provider testimony. Treating physicians, surgeons, pain specialists, physical therapists, and psychologists can explain diagnoses, prognosis, treatment response, and likely future care.
• Objective findings. Range-of-motion measurements, neurological testing, imaging abnormalities, gait analysis, and validated functional scores (e.g., Oswestry Disability Index) help convert subjective pain into objective proof.
• Expert reports. Life-care planners, vocational rehabilitation experts, and economists translate clinical needs into a dollar value for future medical costs, home care, assistive devices, lost earning capacity, and household services. Expert testimony must follow the Ohio Rules of Evidence (Rule 702): https://codes.ohio.gov/ohio-rules-of-evidence/rule-702.
• Pain journals and lay witness statements. Daily pain logs, photographs of limitations, co-worker or family-member statements describing how the injury affects daily life, and employer records showing work restrictions or lost hours.
• Employment and income records. Pay stubs, tax returns, and employer statements documenting lost earnings and diminished earning capacity.

3. How experts are used and what courts require

Experts do three main jobs:

1. Diagnose and explain the medical condition and prognosis.
2. Describe specific future care that is reasonably necessary because of the injury (surgeries, therapy, durable medical equipment, home health, home modifications).
3. Estimate the cost of that future care and, if relevant, loss of future earnings.

Under Ohio law, expert opinions must be based on reliable methods and facts in evidence so they can be admitted at trial (see Rule 702: https://codes.ohio.gov/ohio-rules-of-evidence/rule-702). In practice, courts expect experts to rely on the claimant’s medical records, accepted medical literature, and accepted costing methods (life-care planners and economists often use current treatment rates and actuarial tables).

4. Common experts and what to ask them

• Treating physician or surgeon. Ask for a clear prognosis, expected treatments, frequency and duration of future care, and whether future procedures are likely.
• Independent medical examiner (if needed). Provides an objective assessment if liability or causation is disputed.
• Life-care planner. Produces a written plan listing future medical services, frequency, and estimated costs. Ask for itemized, dated cost estimates and sources for costs.
• Vocational expert. Addresses loss of earning capacity and whether the injury limits job options.
• Forensic economist. Converts future medical care and lost earnings into a present-dollar value and explains assumptions (discount rate, life expectancy, inflation).

5. How to calculate future care costs (practical steps)

1. Document the scope of future care recommended by treating providers (type, frequency, duration).
2. Obtain itemized cost quotes or use published fee schedules for services, equipment, and home modifications.
3. Have a life-care planner compile an itemized future-care plan with citations for costs.
4. Use an economist to discount future costs to present value and explain all assumptions clearly.

Courts and juries are more receptive to cost estimates that are transparent, conservative, and tied to medical opinion in the record.

6. Proving subjective pain

Pain is subjective, but you can strengthen claims by combining subjective reports with objective evidence:

• Maintain a detailed pain journal noting intensity, triggers, medication effect, and activity limits.
• Use validated pain and function scales recorded in medical visits.
• Show objective limits: lost range-of-motion, abnormal imaging, altered gait, or test results.
• Gather third-party observations from family, friends, or coworkers about lifestyle or work changes.

7. Discovery and disclosure in Ohio civil cases

Ohio’s civil rules require early disclosure of expert witnesses and their reports so the other side can evaluate them. See the Ohio Rules of Civil Procedure resources at the Ohio Supreme Court website for rule details and deadlines: https://www.supremecourt.ohio.gov/LegalResources/Rules/civil/.

8. Common pitfalls to avoid

• Waiting too long to document symptoms or to see treating providers.
• Relying only on subjective complaints without objective or corroborating evidence.
• Using vague expert reports that lack a clear methodology or itemized cost bases.
• Failing to disclose experts or their reports on time under Ohio civil rules.

9. Example (hypothetical)

Hypothetical: Jane injures her lumbar spine in a crash. She has MRIs showing disc injury, ongoing pain scores of 6–8/10, repeated physical therapy, and two steroid injections without lasting relief. Her surgeon says she likely needs fusion surgery in 3–5 years and ongoing pain management afterward.

How Jane builds a case:

• Keep all medical records and imaging in a chronological file.
• Ask the treating surgeon to provide a written prognosis and estimate of future care (surgery, rehab, likely frequency of pain management visits).
• Retain a life-care planner to prepare a detailed future-care cost plan tied to the surgeon’s recommendations.
• Use an economist to calculate present-day value of future care and lost wages if Jane must reduce work hours.
• Support subjective pain with a daily pain journal and coworker statements about Jane’s changed duties at work.

10. Practical checklist to prepare now

1. See and keep appointments with treating providers. Ask for clear treatment plans and prognosis statements.
2. Organize and obtain copies of all medical records and test results.
3. Keep a pain and activity journal with dates and specifics.
4. Collect witness statements from people who observe your limitations.
5. Request quotes for durable medical equipment, home modifications, and home health if recommended.
6. Talk with a personal injury attorney early about expert needs, timing, and disclosure under Ohio civil rules (see: https://www.supremecourt.ohio.gov/LegalResources/Rules/civil/).

Helpful Hints

• Keep a single chronological file for all medical records, bills, and receipts.
• Ask providers to state prognosis and likely future treatments in writing—this helps experts and the jury understand what is ‘‘reasonably necessary.’’
• Use objective measures (ROM tests, validated scales) whenever possible to back up claims of pain and disability.
• Retain experts early enough for them to review records and produce defensible reports before discovery deadlines.
• Be conservative and transparent in cost estimates—overstated, unsupported claims are vulnerable to attack at trial.
• Meet Ohio expert disclosure deadlines and follow the disclosure format expected by the court (see Ohio civil rules resources: https://www.supremecourt.ohio.gov/LegalResources/Rules/civil/).
• Talk with a licensed Ohio attorney about strategy—some statutes, caps, or procedural rules may affect how claims are presented.