FYI

Laws You Need To Know About

U.S. Bill of Rights [PDF]

Ohio Bill of Rights [PDF]

Ohio Supreme Court Decision:
Dardinger v. Anthem Blue Cross & Blue Shield [PDF]

Ohio Statutes of Limitation (SOL)

You must file your claim within specific time limits, called statutes of limitation. In general (each case is specific), these time periods are:

  • Insurer Bad Faith: 4 years from the conduct

  • Lawyer Malpractice: 1 year from the "cognizable event" or termination of the attorney/client relationship

  • Medical Malpractice: Generally 1 year; may be extended by 180 days

  • Personal Injury: 2 years from the date of injury

  • Wrongful Death: 2 years from the date of death

  • Products Liability/Improvements to Property: Generally 2 years, but not if product or improvements older than 10 years

Ohio Limits on Personal Injury Damages (O.R.C. §2315.18)

  1. No limit on economic losses
  2. Non-economic losses ("pain and suffering") limits:
    1. Non-catastrophic injury, the greater of $250,000 or three times economic losses up to $350,000 and a maximum of $500,000 per occurrence
    2. Catastrophic injury, no limit, but judge has special procedures to review jury award

The Supreme Court of Ohio upheld the constitutionality of these limits in Arbino v. Johnson & Johnson, 116 Ohio St. 3rd 468 (2007).

Ohio Limits on Punitive Damages (O.R.C. §2315.21)

For a defendant that is an individual or non-manufacturer (with 100 employees or less) or a defendant that is a manufacturer (with 500 employees or less), the damages for acts done in conscious disregard of personal rights knowing there is a great probability of harm, are limited to two times compensatory damages or 10% of net worth, not to exceed $350,000.

The Supreme Court of Ohio upheld the constitutionality of these limits in Arbino v. Johnson & Johnson, 116 Ohio St. 3rd 468 (2007).

Medical Malpractice Damages Caps in Ohio (O.R.C. §2323.43)

  1. No limit on economic losses
  2. Non-economic losses ("pain and suffering") limits:
    1. Non-catastrophic injury, the greater of $250,000 or three times economic losses up to $350,000 and a maximum of $500,000 per occurrence
    2. If for "substantial physical deformity", loss of use of limb or bodily organ, or for permanent physical functional injury, limits are $500,000 per person or $1,000,000 per occurrence
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