Ohio Personal Injury Law Resources

Ohio is an at-fault state with a two-year statute of limitations, modified comparative fault with a 51% bar, and caps on non-economic damages in most personal injury cases though the cap does not apply to catastrophic injuries involving permanent physical deformity, loss of a limb, or loss of an organ. Medical malpractice has a shortened one-year filing deadline with a four-year repose period. Auto insurance minimums are 25/50/25.

Statute of Limitations

General Personal Injury TWO Years

Ohio provides a two-year statute of limitations for most personal injury claims under Ohio Rev. Code § 2305.10(A). This applies to motor vehicle accidents, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Two years from the date of death under Ohio Rev. Code § 2125.02(F)(1).

Medical malpractice: One year from the date of injury or from discovery. A four-year statute of repose applies no medical malpractice claim can be filed more than four years after the act or omission, regardless of discovery.

Assault and battery: One year under Ohio Rev. Code § 2305.111(B).

Defamation: One year.

Property damage: Two years (four years for some contract-related claims).

Government Claims

Claims against the state are filed in the Ohio Court of Claims. Claims against political subdivisions are governed by Ohio Rev. Code Chapter 2744 (Political Subdivision Tort Liability), which provides broad immunities with specific exceptions. Standard two-year filing deadlines apply, but notice requirements and immunities vary.

Tolling

The statute is tolled for minors (until age 18) and for mental incapacity. The discovery rule applies in medical malpractice and latent injury cases (subject to the statute of repose). The statute is also tolled when the defendant leaves the state, though this provision has been subject to constitutional challenges.

Modified Comparative Fault (51% Bar)

Ohio follows a modified comparative fault rule under Ohio Rev. Code § 2315.33. A plaintiff who is 51% or more at fault is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault.

Ohio applies joint and several liability only for economic damages when a defendant is more than 50% at fault. Defendants 50% or less at fault are severally liable only (proportionate share).

Damage Caps

Non-Economic Damages Capped (With Catastrophic Exception)

Under Ohio Rev. Code § 2315.18(B)(2), non-economic damages are capped at the greater of:

• $250,000, or
• Three times the plaintiff's economic damages, up to a maximum of $350,000 per plaintiff (or $500,000 per occurrence involving multiple plaintiffs)

The cap does NOT apply to catastrophic injuries, defined as:

• Permanent and substantial physical deformity
• Loss of use of a limb
• Loss of a bodily organ or system

When catastrophic injuries are present, there is no limit on non-economic damages.

Economic Damages No Cap

Ohio imposes no cap on economic damages (medical bills, lost wages, etc.) in any category of personal injury case.

Punitive Damages

Under Ohio Rev. Code § 2315.21, punitive damages are generally capped at two times compensatory damages. For small employers and individuals, the cap is the lesser of two times compensatory damages or 10% of the defendant's net worth (up to $350,000). Punitive damages require proof by clear and convincing evidence of actual malice or aggravated/egregious fraud.

Medical Malpractice

Non-economic damages in medical malpractice cases follow the same tiered cap structure described above, with the catastrophic injury exception.

Auto Insurance Requirements

Ohio is an at-fault (tort) state.

Liability Minimums 25/50/25

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 per accident for property damage

No PIP Required

Ohio does not require Personal Injury Protection (PIP) coverage.

UM/UIM Not Mandatory But Must Be Offered

Uninsured/Underinsured Motorist (UM/UIM) coverage must be offered by insurers, but drivers may reject it in writing. If not rejected, UM/UIM is included at the same limits as liability coverage.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Ohio are filed in the Court of Common Pleas, the state's trial court of general jurisdiction. Ohio has 88 counties, each with a Court of Common Pleas. Municipal Courts handle civil cases up to $15,000. County Courts handle civil cases up to $15,000 in areas without municipal courts. Small Claims Division handles cases up to $6,000.

Cuyahoga County (Cleveland), Franklin County (Columbus), Hamilton County (Cincinnati), Summit County (Akron), and Montgomery County (Dayton) handle the highest volumes of personal injury litigation. Cuyahoga County has historically been one of the most plaintiff-friendly jurisdictions in the state.

Common Types of Personal Injury Cases in Ohio

Ohio's large population, extensive highway system, major manufacturing sector, significant medical infrastructure, and diverse geography generate high volumes of personal injury litigation. Common case types include motor vehicle accidents (particularly on I-71, I-75, I-77, I-90, and the Ohio Turnpike), commercial truck accidents (Ohio is a major crossroads for interstate freight), motorcycle accidents, pedestrian and bicycle accidents (especially in Cleveland, Columbus, and Cincinnati), premises liability (including slip-and-fall and retail injuries), medical malpractice, product liability (Ohio is home to major manufacturing operations), wrongful death, construction accidents, workplace injuries, nursing home abuse, dog bites (Ohio follows a strict liability statute under Ohio Rev. Code § 955.28 owner liable regardless of prior knowledge), toxic tort and environmental exposure claims (industrial contamination), amusement park injuries (Cedar Point, Kings Island), boating injuries (Lake Erie), school and university injuries, and railroad crossing accidents.

This page provides general legal information about Ohio personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Ohio to discuss the specific facts of your case.