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Understanding Caps on Noneconomic Damages in Ohio Personal Injury Cases: What You Need to Know
Chad Stonebrook
September 17, 2023


When pursuing a personal injury case in Ohio, it's important to understand the concept of noneconomic damages and how they can be affected by caps. Noneconomic damages refer to the intangible losses a person experiences due to an injury, such as pain and suffering, emotional distress, and loss of enjoyment of life. 

1.     What are Noneconomic Damages? Noneconomic damages compensate for the physical and emotional toll an injury has on a person's life. Unlike economic damages that can be quantified, such as medical expenses and lost wages, noneconomic damages are more subjective in nature and aim to compensate for the intangible aspects of a person's suffering

2.     Understanding Caps on Noneconomic Damages: Caps on noneconomic damages place a limit on the amount of compensation a plaintiff can receive for intangible losses. In Ohio, there are specific laws that impose caps on noneconomic damages in certain types of personal injury cases.

3.     Ohio's Tort Reform: House Bill 350: In 2005, Ohio enacted House Bill 350, commonly known as tort reform legislation. Under this law, caps were introduced on noneconomic damages in personal injury cases.  The cap is set at $250,000 or three times the economic damages, up to a maximum of $350,000 per plaintiff.

4.     Exceptions to the Cap: It is important to note that Ohio's cap on noneconomic damages does not apply to death, or a permanent and substantial physical deformity.  It is not always immediately clear whether an injury will qualify.  

5.     Importance of Legal Representation: Navigating the complexities of personal injury cases, including the potential impact of caps on noneconomic damages, requires the expertise of a skilled personal injury attorney. An experienced attorney will be familiar with Ohio's laws, understand the exceptions to caps, and fight for your rights to obtain fair compensation for your injuries and suffering.

6.     The Role of Economic Damages: While caps may limit the amount of noneconomic damages you can receive, it's essential to emphasize economic damages in your personal injury case. Economic damages, such as medical expenses, lost wages, and future medical care costs, are not subject to caps. By presenting strong evidence of economic damages, you can maximize your overall compensation.

7.     Evaluating the Impact of Noneconomic Damages: Although caps on noneconomic damages exist in cases in Ohio, it's important to remember that each personal injury case is unique. Noneconomic damages can significantly impact a person's quality of life, and it is crucial to present a compelling case highlighting the extent of your pain and suffering to ensure you receive fair compensation within the legal limits.

8.     Legislative Updates: It's worth noting that laws and regulations can change over time. Stay informed about any potential updates or amendments to Ohio's laws regarding caps on noneconomic damages by consulting with a knowledgeable personal injury attorney.

Understanding the concept of caps on noneconomic damages is crucial when pursuing a personal injury case in Ohio. By working with an experienced personal injury attorney, you can navigate the legal system, present a strong case, and seek fair compensation for both economic and noneconomic damages. Remember, each case is unique.

The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.

Disclaimer: Artificial intelligence is used as a tool to supplement, enhance, make suggestions, and generate blog language from the thoughts, ideas, and opinions of our human lawyers.  The final product is reviewed and edited by an attorney.  

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