OH · Accidents & Injuries

Accidents & Injuries in Ohio

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Ohio Law

Ohio Revised Code Section 2305.10

Ohio imposes a two-year statute of limitations for most personal injury claims, including those from accidents. An injured party must generally file their lawsuit within two years of the date of injury.

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Procedural Details in Ohio

Ohio follows modified comparative fault with a 51% bar under Ohio Revised Code Section 2315.33. A plaintiff who is 51% or more at fault is barred from recovery. Ohio is a traditional tort (fault-based) auto insurance state. Ohio does not cap compensatory damages in most personal injury cases, but medical malpractice non-economic damages are capped at $250,000 or three times economic damages, up to $350,000 under ORC 2323.43. Government claims against Ohio political subdivisions require a notice of claim under ORC 2744.05. Ohio also has specific requirements for service of process and pleading that differ from federal practice.

Ohio Agencies & Resources

Ohio Department of Insurance

Regulates insurance companies in Ohio and handles consumer complaints about auto accident insurance coverage.

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Ohio Bureau of Motor Vehicles

Manages Ohio driver licensing, vehicle registration, and accident report records.

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Ohio State Bar Association — Lawyer Referral Service

Connects Ohio residents with licensed personal injury attorneys.

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Frequently Asked Questions

How long do I have to file an accident lawsuit in Ohio?

Ohio Revised Code Section 2305.10 provides a two-year statute of limitations for personal injury claims from the date of injury. Claims against political subdivisions may require specific notice under ORC 2744.05. Minors have additional time under Ohio's discovery and tolling rules. Consulting an attorney promptly is advisable to preserve evidence.

What is Ohio's 51% modified comparative fault rule?

Under Ohio Revised Code Section 2315.33, if you are 50% or less at fault, you can recover damages reduced proportionally. If you are found 51% or more at fault, you are completely barred from recovering any compensation from the other party. Ohio also requires fault to be allocated to all parties on the verdict form.

Is Ohio a no-fault auto insurance state?

No. Ohio is a traditional tort (fault-based) state. The at-fault driver's liability insurance is responsible for compensating injured parties. Ohio does not require mandatory personal injury protection (PIP) coverage, though optional medical payments (MedPay) coverage is available.

Are there damage caps in Ohio accident cases?

Ohio does not impose a general cap on compensatory damages in most personal injury accident cases. However, ORC 2323.43 caps non-economic damages in medical malpractice cases. Political subdivision claims may be subject to immunity limitations under ORC Chapter 2744. Punitive damages in Ohio are capped at twice the compensatory damages under ORC 2315.21.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026