1. The Fitch Law Firm LLC
Focus Area: Catastrophic Personal Injury and Wrongful Death Litigation
Practice Areas: Car accidents, truck accidents, medical malpractice, workplace injuries, product liability, wrongful death, catastrophic injuries
Background: Principal attorney John Fitch has over three decades of legal experience. In November 2019, the firm obtained a jury verdict of $134 million on behalf of a client, recognized as one of the highest personal injury verdicts in Ohio history. The firm was recognized in the September 2020 National Law Journal as having obtained one of the top 20 verdicts in the United States for 2019.
Location: Columbus, Ohio
Contact: https://www.johnfitch.com/
Consultation: Free, confidential, and no-obligation case reviews are offered. The firm operates on a contingency fee basis.
2. The Donahey Law Firm
Focus Area: Personal Injury and Wrongful Death Representation
Practice Areas: Car accidents, truck accidents, motorcycle accidents, medical malpractice, nursing home negligence, product liability, wrongful death, construction accidents, premises liability
Background: The firm has been representing injury victims since 1968, giving it over 50 years of experience in Ohio courts. Their attorneys have achieved many multi-million dollar recoveries for clients throughout Ohio.
Location: Columbus, Ohio (serving all of Ohio)
Contact: https://www.donaheylaw.com/
Consultation: Free case evaluations available. The firm works on a contingency fee basis, meaning no fees are charged unless compensation is recovered.
3. Schiff & Associates
Focus Area: Personal Injury and Wrongful Death Claims
Practice Areas: Car accidents, tractor-trailer accidents, motorcycle accidents, wrongful death, premises liability (slip and fall), catastrophic injuries, insurance settlement negotiations
Background: The firm has been serving Central Ohio residents since 1982, providing over 40 years of personal injury representation. Their team includes attorneys with experience in catastrophic injury litigation, insurance settlement negotiation, and investigation.
Location: Columbus, Ohio
Contact: https://scottschiff.com/
Consultation: Free consultations offered. Clients should contact an attorney before speaking to insurance representatives or providing statements.
4. Elk & Elk Co., Ltd.
Focus Area: Serious Injury and Medical Malpractice
Practice Areas: Car accidents, truck accidents, medical malpractice, nursing home abuse, wrongful death, birth injuries, product liability, workers’ compensation
Background: The firm has won some of the largest verdicts and settlements in Ohio history. Attorney Jay M. Kelley III has over 25 years of experience with $200 million in verdicts and settlements. The firm has multiple offices throughout Ohio and makes hospital visits and house calls when necessary.
Location: Columbus, Ohio (with multiple Ohio offices)
Contact: (800) ELK-OHIO (355-6446) | (614) 230-0634 | https://www.elkandelk.com/columbus/
Consultation: Free case evaluations available. The firm represents clients on a contingency fee basis.
5. Rourke & Blumenthal LLC
Focus Area: Personal Injury, Medical Malpractice, and Wrongful Death
Practice Areas: Car accidents, truck accidents, motorcycle accidents, medical malpractice, nursing home negligence, product liability, workers’ compensation, wrongful death
Background: The firm has more than 75 years of combined experience representing injury victims in Ohio. The attorneys are AV-Rated by Martindale-Hubbell and members of the Million Dollar Advocates Forum. They have recovered more than $300 million for clients.
Location: Columbus, Ohio (serving Central Ohio and statewide)
Contact: https://www.randbllp.com/
Consultation: Free case consultations offered. Evening and weekend appointments available, and attorneys will travel to clients when needed.
Personal Injury Laws in Ohio
Statute of Limitations
Ohio Revised Code § 2305.10(A) establishes a two-year statute of limitations for most personal injury cases. The clock typically begins on the date the injury occurs. For wrongful death claims, the two-year period begins on the date of death under Ohio Rev. Code § 2125.02(D).
Exceptions and special circumstances include:
Medical malpractice claims must be filed within one year from the date of discovery or when the injury reasonably should have been discovered. A statute of repose limits filing to four years from the act or omission. Minors generally have until two years after turning 18 to file a claim. If the defendant leaves Ohio after the incident, the time spent out of state may not count toward the limitation period.
Negligence Rules
Ohio follows a “modified comparative negligence” rule under Ohio Revised Code § 2315.33. Under this system, an injured party can recover damages only if their share of fault does not exceed 50%. If a plaintiff is found to be 51% or more at fault for the accident, they are completely barred from recovering any compensation.
When a plaintiff is less than 51% at fault, their damages are reduced proportionally. For example, if total damages are $100,000 and the plaintiff is found 20% at fault, they would recover $80,000.
Ohio courts allow fault to be apportioned among all parties involved, including non-parties through what is known as the “empty chair” defense. Under Ohio Revised Code § 2307.22, a defendant found 50% or more at fault may be held jointly and severally liable for all economic damages.
Damage Caps
Ohio imposes caps on certain types of damages in personal injury cases:
Non-economic damages (pain and suffering) are capped at $250,000 or three times the economic damages, whichever is greater, per Ohio Rev. Code § 2315.18(B)(2). An overall ceiling exists at $350,000 per plaintiff or $500,000 per occurrence.
No cap applies if the plaintiff’s injuries include permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system, or if the injury permanently prevents the plaintiff from independently caring for themselves.
Punitive damages are capped at two times the amount of compensatory damages awarded.
Auto Insurance Requirements
Ohio is an at-fault state for auto insurance purposes. Under O.R.C. § 4509.51, the minimum required liability coverage is:
$25,000 for bodily injury or death to one person, $50,000 for bodily injury or death to multiple persons per accident, and $25,000 for property damage per accident.
This is commonly referred to as 25/50/25 coverage. Uninsured/underinsured motorist coverage is optional but strongly recommended. Medical payments coverage (MedPay) is also optional. Alternatives to purchasing insurance include depositing $30,000 with the state treasurer or obtaining a surety bond.
Driving without proof of insurance can result in license suspension for 90 days to one year and vehicle impoundment.
Frequently Asked Questions
What if the driver who hit me in Columbus only has minimum insurance coverage?
Ohio’s minimum 25/50/25 coverage often fails to cover serious injury expenses. If the at-fault driver’s insurance is insufficient, you may pursue a claim against your own uninsured/underinsured motorist (UM/UIM) policy if you carry one. Ohio does not require UM/UIM coverage, so many drivers lack this protection. You could also sue the at-fault driver personally for damages exceeding their policy limits, though collecting from someone with minimal assets can prove difficult.
Can I recover damages if I was partially responsible for my Columbus accident?
Under Ohio’s modified comparative negligence rule, you can recover compensation if your fault does not exceed 50%. Your recovery is reduced by your percentage of responsibility. However, if you are found 51% or more at fault, you are completely barred from any recovery. Insurance adjusters often use comparative fault arguments to reduce or deny claims, so documenting the accident scene and witness statements is particularly important in Ohio.
What damages can I recover in an Ohio personal injury case?
Ohio law allows recovery of both economic and non-economic damages. Economic damages include medical expenses (past and future), lost wages, loss of earning capacity, and property damage. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and similar injuries. In cases involving catastrophic injuries or permanent disability, the damage caps on non-economic recovery may not apply. Punitive damages are rarely awarded and require evidence of gross negligence or malicious conduct.
How long do I have to file a claim after a Franklin County car accident?
You have two years from the date of the accident to file a personal injury lawsuit in Ohio courts. Missing this deadline almost always results in dismissal of your case. Claims against government entities (such as City of Columbus vehicles) may involve different notice requirements and shorter deadlines. Consulting an attorney promptly after an accident helps ensure evidence preservation and deadline compliance.
Does Ohio have no-fault insurance?
No, Ohio is an at-fault (tort) state. The driver responsible for causing an accident is liable for the resulting damages. This differs from no-fault states where each driver’s own insurance pays for their injuries regardless of fault. In Ohio, injured parties can file claims with the at-fault driver’s insurance, their own insurance (if they have appropriate coverage), or pursue a lawsuit against the responsible party. Ohio borders three no-fault states (Michigan, Kentucky, and Pennsylvania), so different rules may apply to accidents occurring across state lines.