Modified Comparative Negligence (51% Bar)
Ohio follows modified comparative negligence with a 51% bar (Ohio Revised Code § 2315.33). If plaintiff is 50% or less at fault, they can recover damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
Ohio follows modified comparative negligence with a 51% bar (Ohio Revised Code § 2315.33). If plaintiff is 50% or less at fault, they can recover damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.
Caps do not apply to permanent/substantial physical deformity, loss of limb, or loss of bodily organ system
$0
Based on reported cases in Ohio
3,136
Personal injury lawsuits per year
Ohio courts have shaped important personal injury precedents. The case of Anderson v. St. Francis-St. George Hospital (1996) established important precedents regarding informed consent in medical procedures and the duty healthcare providers owe to disclose risks to patients.
Ohio has been a significant venue for opioid litigation, with the landmark case against pharmaceutical manufacturers resulting in billions in settlements. Cleveland's federal court served as the MDL (multidistrict litigation) hub for these cases, bringing national attention to Ohio's courts.
The state has seen substantial trucking accident verdicts along the I-70 and I-71 corridors. A 2017 case resulted in a $42 million verdict for a family injured by a commercial truck driver, reflecting Ohio juries' willingness to hold trucking companies accountable for negligent hiring and supervision.
Medical malpractice cases in Ohio, particularly in Cuyahoga County (Cleveland), have produced significant verdicts. Birth injury cases have resulted in awards exceeding $20 million. Ohio's damage caps were upheld by the Supreme Court in 2007, meaning non-economic damages are capped at $250,000 to $500,000 in most cases.
Ohio personal injury cases are filed in Courts of Common Pleas, the state's general jurisdiction trial courts. Each of Ohio's 88 counties has a Common Pleas Court. For smaller claims, county and municipal courts have limited jurisdiction. Cuyahoga (Cleveland), Franklin (Columbus), and Hamilton (Cincinnati) counties handle the most civil litigation.
Ohio follows the Ohio Rules of Civil Procedure, which govern discovery, pleadings, and trial procedures. Discovery typically includes interrogatories, depositions, requests for production, and requests for admissions. Courts use case management conferences to set schedules.
The state requires an Affidavit of Merit in medical malpractice cases, which must be filed with the complaint. This affidavit must include the expert's qualifications and opinions that the standard of care was breached. Failure to include this can result in dismissal.
Ohio courts encourage mediation and settlement conferences. Many counties have ADR programs available to litigants. Case timing varies—Cuyahoga County cases may take 2-3 years to trial, while some rural counties are faster. Ohio's Supreme Court publishes case management guidelines that circuits are expected to follow.
Ohio attorneys are licensed by the Supreme Court of Ohio through the Office of Attorney Services. For personal injury representation, look for attorneys experienced with Ohio's modified comparative negligence rule (51% bar) and the state's damage caps.
The Ohio Association for Justice (OAJ) is the state's primary organization for plaintiff attorneys. OAJ members typically have trial experience and access to resources including Ohio-specific verdict research. Many successful Ohio personal injury attorneys are active in OAJ.
Given Ohio's damage caps on non-economic damages, experienced attorneys know how to maximize economic damage recovery and structure cases to achieve the best possible outcome within statutory limits. This expertise is crucial for serious injury cases.
Ohio has significant populations requiring bilingual services, particularly Spanish-speaking communities in major cities. Many attorneys offer services in Spanish and other languages. Contingency fees typically range from 33-40%, and the Ohio Supreme Court regulates fee agreements.
Ohio's statute of limitations for personal injury cases is 2 years from the date of injury under Ohio Revised Code § 2305.10. This applies to most negligence claims including automobile accidents and general personal injury. The deadline is strictly enforced.
Medical malpractice claims have a 1-year statute of limitations with a 4-year statute of repose under ORC § 2305.113. The discovery rule applies, but the 1-year clock starts when you discover or should have discovered the injury. The 4-year outer limit generally applies regardless.
Claims against Ohio political subdivisions under the Political Subdivision Tort Liability Act require a timely claim. Different notice requirements apply to different types of governmental defendants. Minors' statutes are tolled during minority, with claims due within 2 years of reaching age 18 for most personal injury cases.
This calculator provides estimates only and is not legal advice. Laws in Ohio are complex and individual case results vary. Consult a licensed Ohio attorney for advice specific to your case.