Personal Injury Claims in Ohio: Understanding Negligence, Damages, and Your Legal Rights

When you're injured due to someone else's negligence, Ohio law provides a path to compensation. But personal injury claims are more complex than many people realize. Understanding Ohio's negligence laws, damage caps, and procedural rules is critical to protecting your rights and maximizing your recovery.

What Is Personal Injury Law in Ohio?

Personal injury law allows you to seek compensation when another person or entity's negligence or intentional conduct causes you harm. Common personal injury claims include:

• Car accidents
• Slip and fall incidents
• Medical malpractice
• Dog bites
• Defective products
• Assault and battery

Ohio law is found primarily in ORC Chapter 2315 (Civil Actions) and ORC Chapter 2305 (Limitations of Actions and Liability).

Proving Negligence in Ohio

To win a personal injury claim in Ohio, you must prove four elements:

1. Duty of Care

The defendant owed you a legal duty to act (or not act) in a certain way. Examples:

• Drivers owe other drivers a duty to operate vehicles safely
• Property owners owe visitors a duty to maintain safe premises
• Doctors owe patients a duty to provide competent medical care

2. Breach of Duty

The defendant breached that duty through action or inaction. This could be:

• Running a red light
• Failing to repair a broken staircase
• Misdiagnosing a medical condition

3. Causation

The breach of duty directly caused your injuries. You must show:

• Cause in fact: But for the defendant's conduct, you wouldn't have been injured
• Proximate cause: The injury was a foreseeable result of the defendant's conduct

4. Damages

You suffered actual harm (medical bills, lost wages, pain and suffering, etc.) as a result.

Ohio's Comparative Fault Rule: ORC § 2315.33

Ohio follows a modified comparative negligence rule under ORC § 2315.33. This means:

• You can still recover damages even if you were partially at fault
• But your recovery is reduced by your percentage of fault
• And if you're more than 50% at fault, you recover nothing

How It Works

Example: You're injured in a car accident. The jury finds:

• Total damages: $100,000
• Defendant 70% at fault
• You 30% at fault

You recover: $100,000 × 70% = $70,000

But if the jury found you 51% at fault, you'd recover nothing under Ohio's 50% bar rule.

Why This Matters

Insurance companies and defense attorneys will aggressively argue you were more than 50% at fault to bar your recovery entirely. They'll:

• Claim you were speeding, distracted, or violated traffic laws
• Argue you should have seen the hazard and avoided it
• Use any prior statements or social media posts against you

Protecting yourself from comparative fault arguments is critical.

Statute of Limitations: ORC § 2305.10

ORC § 2305.10 imposes strict time limits for filing personal injury lawsuits in Ohio:

• Personal injury claims: 2 years from the date of injury
• Wrongful death claims: 2 years from the date of death
• Medical malpractice: 1 year from the date you discovered (or should have discovered) the injury, or 4 years from the date of the negligent act (whichever comes first)

What Happens If You Miss the Deadline?

If you file after the statute of limitations expires, your case is dismissed and you lose your right to compensation—even if you have a strong claim.

Exceptions and Tolling

Some circumstances "toll" (pause) the statute of limitations:

• Minors: The clock doesn't start until they turn 18
• Fraudulent concealment: Defendant hid their wrongdoing
• Mental incompetence: Plaintiff was legally incompetent when the injury occurred

But these exceptions are narrow. Don't assume you have extra time—consult an attorney immediately after an injury.

Types of Damages in Ohio Personal Injury Cases

Ohio law recognizes two categories of damages: economic and noneconomic.

Economic Damages

Economic damages are tangible financial losses with objective value:

• Medical expenses: Hospital bills, surgery, medication, physical therapy, future medical care
• Lost wages: Income you couldn't earn while recovering
• Loss of earning capacity: Reduced ability to earn in the future due to permanent injuries
• Property damage: Repair or replacement costs for damaged property (vehicle, personal items)

Economic damages are not capped in most cases. You can recover the full amount of your proven financial losses.

Noneconomic Damages

Noneconomic damages compensate for intangible harms:

• Pain and suffering: Physical pain and discomfort
• Emotional distress: Anxiety, depression, PTSD
• Loss of enjoyment of life: Inability to participate in activities you once loved
• Loss of consortium: Impact on your relationship with your spouse

Noneconomic damages are subject to caps in many cases under ORC § 2315.18.

Ohio's Damage Caps: ORC § 2315.18

ORC § 2315.18 limits noneconomic damages in most personal injury cases to protect defendants (particularly medical providers and businesses) from excessive jury awards.

General Cap

Noneconomic damages are capped at the greater of:

• $250,000, or
• Three times your economic damages, up to a maximum of $350,000 per plaintiff or $500,000 per incident

Exceptions to the Cap

The cap does not apply if:

• The injury resulted in permanent and substantial physical deformity, loss of use of a limb, or permanent physical functional injury
• The defendant's conduct was intentional (assault, battery, intentional infliction of emotional distress)

If you meet one of these exceptions, there's no cap on noneconomic damages.

Why This Matters

If your injuries are serious but don't meet the "catastrophic" exception, your noneconomic damages are capped even if a jury awards more. This is why economic damages (medical bills, lost wages) become so important—they drive the cap calculation.

Note: Intentional torts like assault and battery are not subject to these caps because they involve intentional conduct rather than negligence.

Common Personal Injury Claims in Ohio

Motor Vehicle Accidents

Ohio is an at-fault state for car accidents. The driver who caused the accident is liable for damages. You can file a claim:

• Against the at-fault driver's insurance
• Through your own underinsured/uninsured motorist coverage
• By filing a lawsuit if insurance doesn't adequately compensate you

Ohio law requires:

• Minimum liability insurance ($25,000 per person, $50,000 per accident)
• But many drivers are uninsured or underinsured

If you're hit by an uninsured driver, you may be limited to your own insurance policy unless you can recover directly from the driver (often difficult).

Premises Liability (Slip and Fall)

Property owners owe different duties depending on your status:

• Invitees (customers, guests): Owed the highest duty (reasonable care to inspect and warn of hazards)
• Licensees (social guests): Owed a duty to warn of known hazards
• Trespassers: Owed minimal duty (only to avoid willful/wanton harm)

To win a slip and fall case, you must prove:

• The property owner knew or should have known about the hazard
• The hazard was unreasonable and not open/obvious
• The owner failed to correct or warn about it

Property owners often argue:

• The hazard was "open and obvious" (you should have seen it)
• You were comparatively negligent
• They didn't have notice of the hazard

Medical Malpractice

Medical malpractice claims require:

• An expert witness to establish the standard of care
• Proof the provider breached that standard
• Proof the breach caused your injury

Ohio has special requirements:

• Affidavit of merit must be filed with the complaint (signed by a medical expert)
• 1-year statute of limitations from discovery (or 4-year outside limit)
• $250,000/$500,000 cap on noneconomic damages unless catastrophic injury exception applies

Medical malpractice cases are expensive and complex, requiring extensive expert testimony and medical records analysis.

Wrongful Death: ORC § 2125.01

ORC § 2125.01 allows certain family members to bring wrongful death claims when a loved one dies due to another's negligence or intentional act.

Who Can File?

The personal representative of the estate files the claim on behalf of:

• Surviving spouse
• Children
• Parents (if no spouse or children)
• Next of kin

Damages

Wrongful death damages include:

• Economic losses: Lost financial support, medical and funeral expenses
• Noneconomic losses: Loss of companionship, guidance, and consortium

Noneconomic damages are capped under ORC § 2315.18 unless exceptions apply.

Dealing with Insurance Companies

Insurance adjusters are not your friends. Their job is to minimize payouts. Common tactics include:

Lowball Initial Offers

Adjusters offer quick, low settlements hoping you'll accept before understanding the full extent of your injuries.

Requesting Recorded Statements

They'll ask for a recorded statement hoping you'll:

• Admit comparative fault
• Downplay your injuries
• Contradict later testimony

Never give a recorded statement without consulting an attorney.

Delaying and Denying Claims

Adjusters may:

• Request endless documentation
• Claim the accident wasn't covered
• Argue you weren't injured or that injuries were pre-existing

Surveillance and Social Media Monitoring

Insurance companies will check your social media. They're looking for:

• Photos of you engaging in physical activities (contradicting injury claims)
• Posts suggesting you're exaggerating pain
• Location data showing you were somewhere other than where you claimed

Do not post about your accident, injuries, or case on social media.

Why You Need a Personal Injury Attorney

Maximizing Your Recovery

Experienced attorneys know how to:

• Calculate the true value of your claim (including future medical expenses and lost earning capacity)
• Negotiate aggressively with insurance companies
• Identify all potential sources of recovery (multiple defendants, insurance policies)
• Prove noneconomic damages convincingly

Navigating Legal Complexity

Personal injury law involves:

• Complex procedural rules and deadlines
• Expert witnesses and medical records
• Insurance policy interpretation
• Discovery and depositions
• Trial preparation and presentation

Attempting to handle a serious injury claim without an attorney almost always results in lower recovery—or no recovery at all.

Contingency Fee Arrangements

Most personal injury attorneys work on contingency—you pay nothing unless you win. The attorney's fee comes out of your settlement or verdict (typically 33-40%).

This means:

• No upfront costs
• No risk if you lose
• The attorney is motivated to maximize your recovery

What to Do After an Injury

Seek Immediate Medical Treatment

Your health comes first. Even if injuries seem minor, see a doctor immediately:

• Some injuries (internal bleeding, traumatic brain injury) aren't immediately apparent
• Delayed treatment gives insurance companies ammunition to argue injuries weren't serious
• Medical records create documentation linking injuries to the accident

Document Everything

• Photos: Injuries, accident scene, property damage, hazards
• Witnesses: Get names and contact information
• Reports: Police reports, incident reports, medical records
• Expenses: Keep receipts for medical bills, medications, travel to appointments, property damage repairs

Do Not Admit Fault

Never say "I'm sorry" or admit fault at the accident scene. This can be used against you later.

Contact an Attorney Before Talking to Insurance

Insurance adjusters will contact you quickly. Before giving any statements or signing anything, consult with a personal injury attorney.

Delaware and Franklin County Personal Injury Practice

Local Courts

Personal injury cases in Delaware and Franklin Counties are filed in:

• Delaware County Court of Common Pleas (serious injury cases)
• Franklin County Court of Common Pleas (serious injury cases)
• Municipal Courts (smaller claims under $15,000)

Local Juries

Jury attitudes vary by county:

• Delaware County: More conservative, less likely to award high damages
• Franklin County: More diverse, more plaintiff-friendly in some cases

Experienced local counsel understands these dynamics and adjusts strategy accordingly.

Protecting Your Claim

Personal injury claims require immediate action:

• Evidence disappears: Security footage is erased, witnesses forget details, property is repaired
• Statutes of limitations run: You have 2 years (or less for medical malpractice)
• Insurance companies move fast: They're building a defense while you're recovering

At Mango Law, we handle personal injury cases with the same aggressive approach we bring to criminal defense. We investigate thoroughly, negotiate effectively, and aren't afraid to take cases to trial when necessary.

If you've been injured due to someone else's negligence in Delaware or Franklin County, contact us at (740) 602-2155 for a confidential consultation. We'll review your claim, explain your options, and fight for the compensation you deserve.

This article is for educational purposes and does not constitute legal advice. Ohio personal injury law is complex and fact-specific. Consult with a qualified Ohio attorney about your situation.