By Serdar Arslan, editor · Last reviewed · How we research
Pain and suffering awards in Ohio generally stop at the greater of $250,000 or three times economic loss, with a ceiling of $350,000 per plaintiff and $500,000 per occurrence. The limit falls away for catastrophic injuries such as permanent and substantial physical deformity or loss of use of a limb, and medical bills and lost wages are not capped at all. Punitive damages are generally limited to twice compensatory damages, with lower limits for individuals and small employers.
Deadlines in Ohio are uniform: 2 years for injury and vehicle damage, 2 years from the date of death for wrongful death, and generally 2 years for suits against cities, counties, school districts or, through the Court of Claims, the State. Fault bars recovery only above 50%, and a smaller share reduces the award. Drivers must carry 25/50/25 liability limits, in effect since December 2013, but insurers are not required to include uninsured motorist coverage, so check your own policy. If the Highway Patrol handled your crash, the report costs $4 online after about seven business days.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years after the cause of action accrues, which in a crash case is usually the date of the accident Source: Ohio Rev. Code § 2305.10(A) |
|---|---|
| Property damage deadline | Generally 2 years for damage to your vehicle or other personal property Source: Ohio Rev. Code § 2305.10(A) |
| Wrongful death deadline | Generally 2 years after the date of death Source: Ohio Rev. Code § 2125.02(F)(1) |
| Claims against a government entity | Lawsuits against a political subdivision (such as a city, county or school district) generally must be filed within 2 years after the claim accrues, unless another law sets a shorter period. Claims against the State of Ohio go to the Ohio Court of Claims and also generally have a 2-year deadline. |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, but you recover nothing if you are more than 50% at fault. Source: Ohio Rev. Code § 2315.33 |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage Source: Ohio Rev. Code § 4509.51 |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | Noneconomic damages (such as pain and suffering) are generally capped at the greater of $250,000 or three times economic loss, up to $350,000 per plaintiff and $500,000 per occurrence. The cap does not apply to catastrophic injuries such as permanent and substantial physical deformity or loss of use of a limb (Ohio Rev. Code § 2315.18). Economic damages are not capped. Punitive damages are generally limited to twice compensatory damages, with lower limits for individuals and small employers (§ 2315.21). |
| Reporting a crash | If you are in a crash on a public road, you must stop and give your name, address and vehicle registration to the other people involved. When the crash causes injury, death or significant damage, call police so an officer can investigate and file the report. |
Getting your crash report in Ohio
For crashes investigated by the Ohio State Highway Patrol, order the report online through the Ohio Department of Public Safety Crash Ordering System for $4 (plus card fees), at least seven business days after the crash. For crashes handled by a city or county agency, request the report from that agency; many Ohio agency reports can also be found through the ODPS Crash Retrieval site. Official request page
Checking a Ohio lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Supreme Court of Ohio – Attorney Directory Search
- Lawyer referral: Lawyer referral services registered with the Supreme Court of Ohio
1,157 people died in motor vehicle crashes in Ohio in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›What is the filing deadline after an Ohio car crash?
Generally 2 years from the crash for injury and property damage (Ohio Rev. Code § 2305.10) and 2 years from the date of death for wrongful death (§ 2125.02). Exceptions such as tolling for minors can apply, so check with a licensed attorney if you are close to the deadline.
›Does Ohio limit pain and suffering damages?
In many cases. Noneconomic damages are generally capped at the greater of $250,000 or three times economic loss, up to $350,000 per plaintiff and $500,000 per occurrence (§ 2315.18). Catastrophic injuries, such as loss of use of a limb, are exempt, and economic damages are not capped.
›What if I'm 51% to blame for an Ohio crash?
You generally recover nothing. Under Ohio Rev. Code § 2315.33, you can recover only if you are not more than 50% at fault, and your damages are reduced by your percentage.
›How long do I have to sue an Ohio city or the State?
Suits against a political subdivision, such as a city, county or school district, generally must be filed within 2 years after the claim accrues (§ 2744.04), unless another law sets a shorter period. Claims against the State go to the Ohio Court of Claims and generally also have a 2-year deadline.
›Is uninsured motorist coverage automatic in Ohio?
No. Ohio insurers may, but are not required to, include uninsured motorist coverage. The required minimum is 25/50/25 liability coverage (Ohio Rev. Code § 4509.51), so check your own policy to see whether it includes UM.
Sources
- Ohio Rev. Code § 2125.02 (codes.ohio.gov)
- Ohio Rev. Code § 2744.04 (codes.ohio.gov)
- Ohio Rev. Code § 4509.51 (authenticated PDF, codes.ohio.gov)
- Ohio Rev. Code § 3937.18 (codes.ohio.gov)
- Ohio Rev. Code § 2315.33 (codes.ohio.gov)
- Ohio Rev. Code § 2305.10 (codes.ohio.gov)
- Ohio Department of Public Safety – Crash Ordering System
- Supreme Court of Ohio – Lawyer Referral Services
- Supreme Court of Ohio – Attorney Directory Search
- IIHS – Fatality Facts, state by state (NHTSA FARS)