Skip to content
MyClaimWorth
OH
★ US · Midwest

Personal injury in
Ohio.

By Reviewed by Abd Shanti, Founder7 min read

Ohio applies modified-51 comparative fault and is one of the few US states imposing a general (not just med-mal) non-economic damages cap, capped at $250,000 or 3× economic damages with $350,000 to $500,000 ceilings.

Ohio is uncommon in the US for imposing a non-economic damages cap on general personal injury claims (most states cap only medical malpractice). The cap is the greater of $250,000 or three times economic damages, with hard ceilings of $350,000 standard or $500,000 for catastrophic cases. Modified-51 comparative fault applies. Punitive damages are capped at twice compensatory. The PI statute of limitations is two years.

★ statute of limitations
2 years from date of injury

Ohio Rev. Code § 2305.10

★ fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ OH · statutory caps

What caps recovery.

Caps and ceilings imposed by Ohio law that bear on settlement values.

★ OH · key facts

What makes Ohio different.

The handful of details that distinguish this jurisdiction from its neighbours.

★ OH · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Ohio law.

★ OH · court decisions

What Ohio courts have decided.

Reported Ohio decisions for each injury type, each with a link to the judgment and to the full injury guide.

★ OH · rules that decide claims

The rules in Ohio.

Statutes and rulings that come up again and again in Ohio injury claims, each with its source.

Deadline to sue“An action for bodily injury ... shall be brought within two years after the cause of action accrues”; car crash claims accrue on the day of the crash.R.C. 2305.10(A), as quoted in Fong v. Faires (Ohio Ct. App. 2025)
Fault ruleContributory fault does not bar recovery “if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons”; damages are reduced by that share.R.C. 2315.33, as quoted in Crumb v. Leafguard (Ohio Ct. App. 2020)
General noneconomic capThe greater of $250,000 or three times economic damages, up to $350,000 per plaintiff or $500,000 per occurrence; no cap for permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system, or an injury that leaves the person unable to care for self.R.C. 2315.18, upheld in Arbino v. Johnson & Johnson (Ohio 2007)
Seat belt useNot negligence, but can reduce noneconomic loss only.R.C. 4513.263(F)(1), in the MyClaimWorth seat belt chart
Causation disputesWhen the defense admits negligence but disputes that it caused the claimed injuries, the jury may award far less than claimed, and courts defer to that finding.Wolf v. Interstate Wrecker Service (Ohio Ct. App. 2012)
Who can diagnose brain injuryA chiropractor who treats by adjustment and cannot diagnose brain injury cannot supply the medical proof of a closed head injury.Webster v. Altenloh Brinck (Ohio Ct. App. 2021)
Notice of the hazardA business is liable for a slip only if it created the hazard or knew or should have known of it; without evidence of constructive notice the verdict cannot stand.Trout v. Shani DEV8 (Ohio Ct. App. 2025)
Open and obviousAn owner owes no duty to warn of a hazard a person would see by looking, such as a floor display in a well lit store.Lumsden v. True North Holdings (Ohio Ct. App. 2024)
★ other US jurisdictions

Compare across United States.

How Ohio compares with its neighbours in the Midwest on fault rule and limitation period.

JurisdictionFault ruleLimitation
Ohio· you are hereModified comparative, 51% bar2 years from date of injury
Illinois (IL)Modified comparative, 51% bar2 years from date of injury
Indiana (IN)Modified comparative, 51% bar2 years from date of injury
Iowa (IA)Modified comparative, 51% bar2 years from date of injury
Kansas (KS)Modified comparative, 50% bar2 years from date of injury
Michigan (MI)Modified comparative, 51% bar3 years from date of injury
Minnesota (MN)Modified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpractice
Missouri (MO)Pure comparative negligence5 years for personal injury; 2 years for medical malpractice
Nebraska (NE)Modified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice
North Dakota (ND)Modified comparative, 50% bar6 years for personal injury; 2 years for medical malpractice
South Dakota (SD)Slight versus gross negligence3 years from date of injury
Wisconsin (WI)Modified comparative, 51% bar3 years from date of injury

Every United States jurisdiction compared

★ OH · frequently asked

Common questions.

Common questions about personal injury claims in Ohio, answered with the relevant statutory references.

★ editorial note

This page summarises the Ohio statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Ohio. See /methodology, /sources, and /disclaimer.