In order to file successful auto insurance claims in Ohio, you need to know the damage caps and time limits regarding such claims. Not knowing this information could lead to you believing you will gain more money than is possible to obtain or could even lead to you not getting any compensation if you wait too long to file your claim.
Damage Caps in Ohio
In the State of Ohio, there is no cap on the amount of compensatory damages that an injured person can receive for economic damages. Any type of bodily injury that results from an auto accident applies.
However, if you are found to be over 50% liable for the accident and/or found to have a higher percentage of causing the accident than the combined percentages of the defendant(s) and/or other parties, you are not entitled to receive any compensatory damages.
If you are found to be less than 50% liable for the accident and less than the combined percentages of the defendant(s) and/or other parties, you may recover compensatory damages awarded by the jury minus the negligent percentage attributed to you. For instance, if $100,000 in compensatory damages is awarded and you’re ruled to have been 20% responsible for the accident, you will receive $80,000 ($100,000 – 20% = $80,000).
Non-economic (pain and suffering) damages are capped. You are entitled to no more than $250,000. If there are multiple plaintiffs, the total amount cannot be more than 3 times the economic loss, with a maximum of $350,000, for each plaintiff. For each occurrence of the accident, there can be no more than $500,000 rewarded. This cap on pain and suffering damages was enacted for all causes of action that arose on or after April 7, 2005.
The verdict in an auto insurance claim trial in the State of Ohio must state the total compensatory damages and the amounts representing economic damages and pain and suffering damages separately.
(Learn more about payouts for Economic & Non-Economic damages)
Time Limits
For bodily injury, wrongful death, or injury to personal property that is caused in an automobile accident, the time limit for filing a claim is 2 years from the date of the accident.
Obtaining Legal Help
Filing successful auto insurance claims in Ohio can be a tricky matter for a layperson. An established and experienced personal injury attorney in the State of Ohio will know Ohio damage caps and time limits, how they apply to your specific case, and will help you present the strongest possible case so that you receive the maximum and fairest amount of compensation for your car accident.
