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

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%)