Understanding Ohio car accident damage caps can make a major difference in your recovery.
After a serious car accident in Ohio, injured people are often told there are strict limits—or “caps”—on what they can recover. While Ohio law does impose limits on certain types of damages, those limits are frequently misunderstood and, in many cases, overstated by insurance companies. In reality, Ohio’s damage caps apply only in specific situations, and experienced legal representation can often lawfully overcome—or avoid—them altogether.
What Are Damage Caps in Ohio Car Accident Cases?
Ohio law limits some damages—but not all—and not in every case.
Damage caps are statutory limits on certain types of compensation available in personal injury cases. Insurance companies frequently use the term broadly, suggesting recovery is limited across the board. That simply is not true under Ohio law.
Economic Damages in Ohio Are Never Capped
Medical bills, lost wages, and future care are fully recoverable.
Under Ohio law, economic damages are not capped. These damages include:
● Past and future medical bills
● Rehabilitation and ongoing treatment
● Lost wages
● Loss of future earning capacity
● Other out-of-pocket expenses
Ohio Revised Code § 2315.18(A)(2) clearly distinguishes economic loss from non-economic loss, and Ohio courts consistently allow juries to fully compensate proven economic damages without limitation.
In serious injury cases, future medical care and diminished earning capacity often become the largest components of recovery—especially when supported by treating physicians, economic experts, and life care planners.
Non-Economic Damage Caps in Ohio Car Accident Claims
Pain and suffering damages may be capped—but important exceptions apply.
Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and similar harms. Ohio Revised Code § 2315.18(B) generally caps these damages at the greater of:
● $250,000, or
● Three times the economic damages,
with an overall limit of $350,000 per person and $500,000 per accident.
However, the Ohio Supreme Court has made clear that these caps apply only when properly invoked and that all statutory exceptions must be honored. Arbino v. Johnson & Johnson, 116 Ohio St.3d 468, 2007-Ohio-6948.
Catastrophic Injuries Are Not Subject to Ohio Damage Caps
Severe, life-altering injuries can remove the cap entirely.
Ohio’s non-economic damage cap does not apply when the injured person proves a catastrophic injury, including:
● Permanent and substantial physical deformity
● Loss of a limb
● A permanent functional injury preventing self-care
● Permanent injury to the brain or spinal cord
See R.C. 2315.18(B)(3).
Ohio courts have emphasized that this determination depends on competent medical evidence and the injury’s real-world impact on daily life—not merely the medical diagnosis. Baird v. Ohio Dept. of Transp., 2017-Ohio-7541 (10th Dist.).
Uninsured and Underinsured Motorist Claims Can Avoid Damage Caps
UM/UIM claims are based on contract law, not negligence law.
Another critical—and often overlooked—way to overcome Ohio damage caps involves uninsured and underinsured motorist (UM/UIM) claims. Ohio courts have repeatedly held that tort damage caps do not apply to UM/UIM claims because they arise from insurance contracts rather than negligence.
See Santos v. State Farm Mut. Auto. Ins. Co., 2012-Ohio-4532 (8th Dist.); Miller v. Progressive Cas. Ins. Co., 69 Ohio St.3d 619 (1994).
When the at-fault driver carries minimal insurance—or no insurance at all—UM/UIM coverage can substantially increase available compensation.
How Economic Damages Can Maximize Your Recovery
Future medical and life-care costs can dramatically increase case value.
When damage caps may be an issue, one of the most effective strategies is to focus on fully proving economic damages. Future medical expenses and additional life costs—such as household assistance, home modifications, or long-term care—are economic losses and are not subject to these limitations.
We regularly work with highly qualified medical experts and life care planners to establish these future costs and present them clearly and persuasively.
The Bottom Line on Ohio Car Accident Damage Caps
Damage caps exist—but they are not the end of the story.
Ohio damage caps are real, but they are far from absolute. Insurance companies often rely on confusion about these laws to pressure injured people into undervalued settlements. In reality, many serious car accident cases are not capped at all, and others can be lawfully structured to maximize recovery.
Understanding Ohio law, identifying all available insurance coverage, and properly proving the full extent of the injury can make a substantial difference in the outcome of a case.
