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Ohio Personal Injury LawThe following summary of Ohio personal injury laws and theories of liability will help you understand important aspects of injury claims in this state.Ohio Statute of Limitations:Personal Injury: 2 years for negligent conductMedical Malpractice: 1 year Product Liability: 2 years Wrongful Death: 2 years Caps on Personal Injury Awards in Ohio:Non-economic awards may not exceed $250,000 for medical malpractice cases, with a maximum of 3x economic losses up $350,000 per plaintiff or $500,000 per occurrence.Exceptions to these award caps can be made if there is permanent physical deformity, loss of limb or bodily function, or permanent functional injury limiting activities of daily living; in these cases awards up to $500,000 per plaintiff or $1,000,000 per occurrence are allowed. Ohio Serious Injury Threshold:There is no serious injury threshold in the state of Ohio.Ohio is a Fault state and follows the modified comparative negligence – 51% theory. This means that the plaintiff must be 50% or less at fault in the accident to be able to recover for their damages. Personal Injury Claims & Theories of Liability in Ohio:Slip and Falls: Property owners must maintain their premises in a safe manner, make reasonable inspections and notify others of known dangerous conditions. When, however a property owner fails to do so, and injures result, they will be liable for those injuries.Auto Accidents: Automobile drivers owe a duty to their passengers, other drivers and pedestrians. If anyone is injured as a result of a driver's negligent operation of a motor vehicle the driver can be held liable for damages. Wrongful Death: Anytime a party owes a duty, breaches the duty and a death occurs as a result of the breach, they will be liable to the estate of the victim for the loss of income and companionship of the victim. Medical Malpractice Case: The duty of a doctor is viewed in light of other similarly situated doctors in their community. When assessing breach of duty of care, you must prove whether the doctor exercised that degree of care normally exercised by a physician of like experience and education in the community. Product Liability: Manufacturers, designers and distributers of products placed into the stream of commerce which injure consumers (who use them in their prescribed manner), will be held strictly liable for the injuries. Workers Compensation: In Ohio, all employers must carry workers compensation insurance to cover injured employees in the scope of their employement. If an employee is injured on the job this insurance will pay for their medical treatment. For More Information Check out these sites: Ohio State Government Website Ohio State Bar Association Return from Ohio Personal Injury Law to all Personal Injury Laws Return from Ohio Personal Injury Law to Personal Injury Claims How Much Is Your Case Worth? Find out NOW! Complete this form for a FREE case review by an experienced attorney... The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.
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