Car Accident Litigation in Ohio

For personal injuries, you generally have two years from the date of the accident to file a lawsuit under Ohio Revised Code Section 2305.10(A). A property-damage-only claim carries a four-year deadline under Ohio Revised Code Section 2305.09. If a family member was killed, a wrongful death lawsuit must be filed within two years of the date of death under Ohio Revised Code Section 2125.02. Claims against a city, county, or other government entity are also subject to a two-year limit under Ohio Revised Code Section 2744.04.

Ohio uses a modified comparative fault rule under Ohio Revised Code Section 2315.33. You can still recover compensation as long as your share of fault is not greater than the combined fault of the at-fault parties — so you may recover even if you were 50 percent at fault. If your fault exceeds 50 percent, you generally cannot recover anything. Any damages you do receive will be reduced in proportion to your percentage of fault.

Ohio law requires drivers to carry liability insurance with minimum limits of $25,000 for bodily injury to one person, $50,000 for bodily injury per accident, and $25,000 for property damage per accident under Ohio Revised Code Section 4509.51. Driving without proof of insurance can result in license and vehicle registration suspension. These are legal minimums — serious crashes frequently produce losses that far exceed these amounts.

Ohio insurers are required to offer uninsured motorist coverage, which you can use if the other driver carried no insurance at all. If the other driver was insured but their policy limits are too low to cover your losses, underinsured motorist coverage can help bridge the gap. Review your own auto policy to understand what coverage you purchased; both types of coverage must be offered by your insurer under Ohio law.

Yes. Ohio Revised Code Chapter 2125 allows a personal representative of the deceased person's estate — acting on behalf of surviving family members such as a spouse, children, or parents — to bring a wrongful death lawsuit. The claim must be filed within two years of the date of death under Ohio Revised Code Section 2125.02. Recoverable losses can include loss of companionship, funeral and burial expenses, and the economic value of the person's life.

Claims against Ohio political subdivisions — cities, counties, townships, and similar entities — are governed by Ohio Revised Code Chapter 2744, which grants these bodies partial immunity but allows lawsuits for the negligent operation of their vehicles. Any lawsuit against a political subdivision must be filed within two years under Ohio Revised Code Section 2744.04. Government entity cases involve complex immunity rules, so consulting an attorney as early as possible is advisable.

Ohio allows injured people to seek economic damages such as medical bills, expected future medical costs, lost wages, reduced earning capacity, and vehicle repair or replacement costs. Non-economic damages — including pain and suffering and emotional distress — may also be available. In cases involving reckless or intentional conduct, punitive damages may be sought as well, though they are not available in every case.