DEMAND FOR SETTLEMENT - MOTOR VEHICLE COLLISION
STATE OF OHIO
[FIRM NAME]
[Street Address]
[City, Ohio ZIP]
Telephone: [Phone]
DATE: [Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[Adjuster Name]
[Insurance Company Name]
[Street Address]
[City, State ZIP]
RE: SETTLEMENT DEMAND
Our Client: [Client Full Name]
Date of Loss: [Date of Accident]
Your Insured: [At-Fault Driver Name]
Claim Number: [Claim Number]
I. OHIO-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under ORC 2305.10, the statute of limitations for personal injury is two (2) years.
B. Modified Comparative Negligence (51% Bar)
Ohio follows modified comparative negligence under ORC 2315.33. Plaintiff barred if more than 50% at fault.
C. Non-Economic Damage Caps
ORC 2315.18 caps non-economic damages at the greater of:
- $250,000, OR
- Three times economic damages up to $350,000 per plaintiff (or $500,000 per occurrence)
Exceptions: Caps do not apply to catastrophic injuries including:
- Permanent and substantial physical deformity
- Loss of use of a limb
- Loss of a bodily organ
- Permanent physical functional injury that permanently prevents the person from being able to independently care for self and perform life-sustaining activities
II. STATEMENT OF FACTS
[Describe collision]
III. DAMAGES
| Category | Amount |
|---|---|
| Medical Expenses | $[Amount] |
| Lost Wages | $[Amount] |
| Non-Economic (cap analysis required) | $[Amount] |
| TOTAL | $[Amount] |
IV. SETTLEMENT DEMAND
$[DEMAND AMOUNT]
Open for thirty (30) days until [Date].
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Ohio Supreme Court No. [Number]
OHIO PRACTICE NOTES
☐ 51% Bar Rule: Barred if more than 50% at fault
☐ Non-Economic Caps: Complex formula; exceptions for catastrophic injury
☐ Collateral Source: ORC 2315.20 - Evidence of benefits admissible
☐ Punitive Damages: ORC 2315.21 - 2x compensatory cap (exceptions apply)
☐ Seat Belt Evidence: ORC 4513.263 - Admissible to reduce damages (max 5%)