Ohio Personal Injury Demand Letter

PERSONAL INJURY DEMAND LETTER — OHIO

FOR SETTLEMENT PURPOSES — EVIDENTIARY USE SUBJECT TO OHIO EVID.R. 408

ATTORNEY INFORMATION

Law Firm: [________________________________]

Attorney Name: [________________________________], Esq.

Ohio Supreme Court Registration No.: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________], OH [__________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

LETTER DATE AND DELIVERY

Date: [__/__/____]

Via: ☐ Certified Mail, Return Receipt Requested ☐ Email ☐ Facsimile ☐ Hand Delivery

ADDRESSEE — INSURANCE COMPANY / CLAIMS DEPARTMENT

To:

Insurance Company: [________________________________]

Claims Department / Adjuster: [________________________________]

Adjuster Direct Telephone: [________________________________]

Adjuster Email: [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

CLAIM INFORMATION

I. INTRODUCTION AND PURPOSE

Dear [________________________________]:

This firm represents [Client Full Name] ("Claimant") in connection with personal injuries sustained on [__/__/____] as a result of the negligence of your insured, [Insured Full Name] ("Tortfeasor"), in [City/Village], [County] County, Ohio.

This letter constitutes a formal demand for settlement of the above-referenced claim. The Claimant has completed active medical treatment, and we are now in a position to present a comprehensive demand supported by medical documentation, billing records, and applicable Ohio law.

If and to the extent this demand constitutes compromise negotiations concerning a claim disputed as to validity or amount, Ohio Evid.R. 408 limits specified uses to prove liability, invalidity, or the claim's amount. The rule preserves other-purpose use and otherwise discoverable evidence, and does not itself make this ordinary demand confidential or privileged. Nothing herein limits the damages recoverable if litigation becomes necessary.

We have been authorized by our client to resolve this claim and to negotiate a fair and reasonable settlement on [his/her] behalf.

II. FACTUAL BACKGROUND

A. Incident Description

On [__/__/____], at approximately [____] [a.m./p.m.], Claimant was [describe activity — e.g., operating a motor vehicle, walking as a pedestrian, a passenger in a vehicle] at or near [________________________________] in [City/Village], [County] County, Ohio.

At that time, your insured, [Insured Full Name], was operating a [Year, Make, Model, Color] motor vehicle bearing Ohio license plate number [________________________________].

[Describe the specific negligent conduct and how the incident occurred. Include directional details, traffic conditions, and sequence of events.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

B. Police Report and Investigation

The incident was investigated by the [________________________________] Police Department / [County] County Sheriff's Office / Ohio State Highway Patrol. The investigating officer was [Officer Name], Badge No. [____]. The Ohio Traffic Crash Report was assigned Report No. [________________________________].

Police Report Findings:

• ☐ Your insured was issued a traffic citation for: [________________________________]
• ☐ Your insured was found to have violated Ohio Rev. Code § [________________________________]
• ☐ Your insured was charged with: [________________________________]
• ☐ Witnesses were identified and statements taken
• ☐ Diagram/photographs were included in the report

C. Scene and Conditions

D. Emergency Response

• ☐ Claimant was transported by EMS/ambulance to [Hospital Name]
• ☐ Claimant was airlifted to [Trauma Center Name]
• ☐ Claimant was transported by private vehicle to [Hospital/Facility]
• ☐ Claimant was treated and released from the emergency department
• ☐ Claimant was admitted to the hospital for [____] days

III. LIABILITY ANALYSIS

A. Negligence Under Ohio Law

Under Ohio law, a plaintiff in a negligence action must establish: (1) the defendant owed a duty of care to the plaintiff; (2) the defendant breached that duty; (3) the breach was the proximate cause of the plaintiff's injuries; and (4) the plaintiff suffered damages. See Menifee v. Ohio Welding Products, Inc., 15 Ohio St.3d 75 (1984).

Your insured owed a duty of care to all persons lawfully on the roadway, including the Claimant. Your insured breached this duty by:

• ☐ Failing to maintain assured clear distance ahead — Ohio Rev. Code § 4511.21(A)
• ☐ Following too closely — Ohio Rev. Code § 4511.34
• ☐ Failing to yield the right of way — Ohio Rev. Code § 4511.43
• ☐ Disobeying a traffic control device — Ohio Rev. Code § 4511.12
• ☐ Speeding — Ohio Rev. Code § 4511.21
• ☐ Reckless operation — Ohio Rev. Code § 4511.20
• ☐ Driving under the influence (OVI) — Ohio Rev. Code § 4511.19
• ☐ Improper lane change — Ohio Rev. Code § 4511.33
• ☐ Failure to signal — Ohio Rev. Code § 4511.39
• ☐ Use of electronic wireless device while driving — Ohio Rev. Code § 4511.991
• ☐ Other: [________________________________]

B. Comparative Negligence — Ohio Rev. Code § 2315.33

Ohio applies a modified comparative fault standard under Ohio Rev. Code § 2315.33. Contributory negligence does not bar recovery so long as the plaintiff's fault is not greater than the combined negligence of all other parties from whom the plaintiff seeks recovery. If the plaintiff is found to be more than 50% at fault, recovery is completely barred.

Where the plaintiff is partially at fault (but 50% or less), damages are diminished by an amount proportionate to the plaintiff's percentage of fault.

In this case, the Claimant bears zero (0%) fault for the incident. Your insured is 100% at fault. [If partial fault is acknowledged, address proportionate analysis here.]

C. Joint and Several Liability — Ohio Rev. Code § 2307.22

Under Ohio Rev. Code § 2307.22:

• A defendant found to be more than 50% at fault is jointly and severally liable for all economic damages.
• Each defendant is severally liable only for their proportionate share of non-economic damages, regardless of percentage of fault.

[If multiple tortfeasors are involved, address the allocation of fault and the impact on joint and several liability here.]

IV. INJURIES AND MEDICAL TREATMENT

A. Nature of Injuries

As a direct and proximate result of the incident, the Claimant sustained the following injuries:

Primary Diagnoses:

• ☐ Cervical spine injury — [________________________________]
• ☐ Lumbar spine injury — [________________________________]
• ☐ Thoracic spine injury — [________________________________]
• ☐ Traumatic brain injury / Concussion — [________________________________]
• ☐ Fracture(s) — [________________________________]
• ☐ Herniated disc(s) — [________________________________]
• ☐ Disc bulge(s) / Protrusion(s) — [________________________________]
• ☐ Radiculopathy — [________________________________]
• ☐ Rotator cuff tear / Shoulder injury — [________________________________]
• ☐ Knee injury — [________________________________]
• ☐ Soft tissue injuries — [________________________________]
• ☐ Lacerations / Contusions / Abrasions — [________________________________]
• ☐ PTSD / Anxiety / Depression — [________________________________]
• ☐ Other: [________________________________]

ICD-10 Diagnostic Codes:

B. Chronological Treatment History

1. Emergency / Acute Care

2. Diagnostic Imaging

3. Specialist Consultations

4. Physical Therapy / Chiropractic / Rehabilitation

5. Injections / Procedures

6. Surgical Intervention

7. Mental Health Treatment

8. Prescription Medications

C. Current Medical Status and Prognosis

Dr. [________________________________] has opined, within a reasonable degree of medical probability, that the Claimant's injuries are [permanent / have reached maximum medical improvement / require ongoing treatment].

Current Symptoms:

• ☐ Chronic pain in [________________________________]
• ☐ Restricted range of motion in [________________________________]
• ☐ Numbness/tingling in [________________________________]
• ☐ Headaches — frequency: [________________________________]
• ☐ Sleep disturbance
• ☐ Cognitive difficulties
• ☐ Emotional distress / Anxiety / Depression
• ☐ Other: [________________________________]

Future Medical Needs:

• ☐ Ongoing physical therapy — estimated cost: $[________] per year
• ☐ Future surgical intervention — estimated cost: $[________]
• ☐ Pain management — estimated cost: $[________] per year
• ☐ Future diagnostic imaging — estimated cost: $[________]
• ☐ Prescription medications — estimated cost: $[________] per year
• ☐ Durable medical equipment — estimated cost: $[________]
• ☐ Home health care — estimated cost: $[________]
• ☐ Life care plan has been prepared by: [________________________________]

V. DAMAGES CALCULATION

A. Economic Damages

1. Past Medical Expenses

2. Future Medical Expenses

3. Lost Wages — Past

Supporting Documentation: ☐ Employer verification letter ☐ Tax returns ☐ Pay stubs ☐ W-2 forms

4. Lost Earning Capacity — Future

Vocational Expert: [________________________________]

5. Other Economic Damages

B. Non-Economic Damages — OHIO STATUTORY CAP ANALYSIS (Ohio Rev. Code § 2315.18)

CRITICAL: Ohio imposes statutory caps on non-economic damages in most tort cases.

Under Ohio Rev. Code § 2315.18, non-economic damages are capped at the GREATER of:

• $250,000; OR
• Three (3) times the plaintiff's economic damages

Subject to an absolute maximum of:

• $350,000 per plaintiff; OR
• $500,000 per occurrence

Cap Calculation for This Case:

Exception to Cap — Ohio Rev. Code § 2315.18(B)(3)

☐ The cap does NOT apply in this case. The Claimant's injuries include one or more of the following catastrophic injuries that exempt the case from the non-economic damages cap:

• ☐ Permanent and substantial physical deformity
• ☐ Loss of use of a limb
• ☐ Loss of a bodily organ or system
• ☐ Permanent physical functional injury that permanently prevents the plaintiff from being able to independently care for self and perform life-sustaining activities

Medical evidence supporting cap exception: [________________________________]

C. Total Damages Summary

VI. INSURANCE COVERAGE ANALYSIS

A. Tortfeasor's Liability Coverage

B. Claimant's Own Coverage (First-Party)

MedPay / Medical Payments Coverage

UM/UIM — Uninsured/Underinsured Motorist Coverage

☐ UIM claim is being asserted. Tortfeasor's limits of $[________] are insufficient.
☐ UM claim is being asserted. Tortfeasor was uninsured.

C. Additional Coverage Sources

• ☐ Umbrella / Excess Policy: $[________]
• ☐ Health insurance subrogation lien: $[________] — Carrier: [________________________________]
• ☐ Workers' compensation lien: $[________]
• ☐ Medicare/Medicaid conditional payments: $[________]
• ☐ ERISA lien: $[________]

D. Ohio Minimum Insurance Requirements

Ohio requires the following minimum automobile liability insurance (Ohio Rev. Code § 4509.01):

Ohio is a tort (fault-based) state — it does NOT have a no-fault auto insurance system.

VII. PREJUDGMENT INTEREST — Ohio Rev. Code § 1343.03(C)

Under Ohio Rev. Code § 1343.03(C), a court may award prejudgment interest upon a finding that the party required to pay the judgment failed to make a good-faith effort to settle the case and that the party to whom the judgment is made did not fail to make a good-faith effort to settle.

Key Provisions:

• Interest accrues from the date the cause of action accrued.
• Rate: Federal short-term rate plus 3% (as determined under 26 U.S.C. § 1274(d)).
• No prejudgment interest is awarded on punitive or exemplary damages.
• The determination is made by the court, not the jury.

In this case:

• Date cause of action accrued: [__/__/____]
• Current applicable rate: [____]%
• This demand letter and all settlement communications are being preserved to demonstrate that the Claimant has made a good-faith effort to settle.

The potential award of prejudgment interest creates significant additional exposure. A good-faith response and reasonable settlement offer are essential to avoid this additional liability.

VIII. PUNITIVE DAMAGES — Ohio Rev. Code § 2315.21

☐ This section is applicable to this claim.

Under Ohio Rev. Code § 2315.21, punitive or exemplary damages are recoverable when the defendant's actions or omissions demonstrate malice or aggravated or egregious fraud, or the defendant as principal or master knowingly authorized, participated in, or ratified such conduct.

Punitive Damages Cap (Ohio Rev. Code § 2315.21(D)):

Bifurcation: Under Ohio Rev. Code § 2315.21(B), punitive damages are determined in a separate proceeding after the trier of fact has returned a verdict for compensatory damages.

Basis for Punitive Damages Claim:
[________________________________]
[________________________________]

☐ This section is NOT applicable — Punitive damages are not being sought at this time but are reserved should evidence of egregious conduct emerge.

IX. COLLATERAL SOURCE — Ohio Rev. Code § 2315.20

Under Ohio's modified collateral source rule (Ohio Rev. Code § 2315.20), a defendant MAY introduce evidence of collateral source benefits that have been paid to the plaintiff, UNLESS:

• The source of the collateral benefits has a right of subrogation or reimbursement; or
• The plaintiff has paid premiums for such benefits (e.g., private health insurance).

If collateral source evidence is admitted, the plaintiff may introduce evidence of the cost of maintaining the collateral source (e.g., premiums paid).

Collateral Source Analysis:

X. SETTLEMENT DEMAND

Based upon the foregoing analysis of liability, injuries, damages, Ohio's non-economic damage cap analysis, and applicable Ohio law, the Claimant hereby demands the sum of:

$[________________________________]

This demand is supported by total economic damages of $[________] and non-economic damages of $[________] [subject to the statutory cap under Ohio Rev. Code § 2315.18 / exempt from the cap due to catastrophic injury], and accounts for the Claimant's injuries, ongoing medical needs, and the impact on [his/her] quality of life.

Response Deadline: We respectfully request a substantive response to this demand within thirty (30) days of receipt, no later than [__/__/____].

This demand will remain open for the stated period. Failure to respond or to make a good-faith offer within the specified timeframe will result in the immediate filing of a Complaint in the [County] County Court of Common Pleas, State of Ohio, and will be cited in support of a motion for prejudgment interest under Ohio Rev. Code § 1343.03(C).

XI. STATUTE OF LIMITATIONS NOTICE

The statute of limitations for this claim is TWO (2) YEARS from the date of loss under Ohio Rev. Code § 2305.10.

• Date of Loss: [__/__/____]
• SOL Expiration Date: [__/__/____]

We will not permit the statute of limitations to expire pending resolution of this claim. A Complaint will be filed in advance of the expiration date regardless of the status of settlement negotiations.

XII. RESERVATION OF RIGHTS

The Claimant reserves all rights, claims, and causes of action available under Ohio law, including but not limited to:

• ☐ Negligence
• ☐ Negligence per se (statutory violation)
• ☐ Reckless conduct
• ☐ Gross negligence
• ☐ Punitive / Exemplary damages (Ohio Rev. Code § 2315.21)
• ☐ Negligent entrustment
• ☐ Respondeat superior / Vicarious liability
• ☐ Dram shop liability (Ohio Rev. Code § 4399.18)
• ☐ Products liability (Ohio Rev. Code § 2307.71 et seq.)
• ☐ Premises liability
• ☐ Loss of consortium (spouse)
• ☐ Wrongful death (Ohio Rev. Code § 2125.01) / Survival action (Ohio Rev. Code § 2305.21)
• ☐ Bad faith failure to settle
• ☐ Other: [________________________________]

The presentation of this demand does not constitute a waiver of any claim or right, nor does it limit the damages that may be sought in litigation.

XIII. ENCLOSED DOCUMENTS AND EXHIBITS INDEX

The following documents are enclosed with this demand for your review:

Medical Records and Bills

Other Documentation

XIV. SIGNATURE BLOCK

We trust that your review of the enclosed documentation and this demand letter will confirm the full extent of the Claimant's injuries and the reasonableness of our demand. We look forward to a prompt and fair resolution of this claim.

Should you have any questions or require additional documentation, please do not hesitate to contact our office.

Very truly yours,

[________________________________]

[________________________________], Esq.
Attorney for Claimant
Ohio Supreme Court Registration No. [________________________________]

[Law Firm Name]
[________________________________]
[________________________________], OH [__________]
Tel: [________________________________]
Fax: [________________________________]
Email: [________________________________]

XV. SOURCES AND REFERENCES

Ohio Revised Code

• Ohio Rev. Code § 2315.33 — Modified Comparative Fault (51% Bar Rule)
• Ohio Rev. Code § 2305.10 — Statute of Limitations for Personal Injury (2 years)
• Ohio Rev. Code § 2315.18 — Non-Economic Damages Cap ($250K or 3x economic, max $350K/$500K)
• Ohio Rev. Code § 2315.21 — Punitive / Exemplary Damages (2x compensatory cap)
• Ohio Rev. Code § 2307.22 — Joint and Several Liability (50%+ fault = joint for economic)
• Ohio Rev. Code § 1343.03(C) — Prejudgment Interest (good-faith effort required)
• Ohio Rev. Code § 2315.20 — Collateral Source Rule (modified)
• Ohio Rev. Code §§ 2125.01-2125.04 — Wrongful Death
• Ohio Rev. Code § 2305.21 — Survival Action
• Ohio Rev. Code § 4509.01 — Minimum Auto Insurance Requirements (25/50/25)

Key Cases

• Menifee v. Ohio Welding Products, Inc., 15 Ohio St.3d 75 (1984) — Elements of negligence
• Simpkins v. Grace Brethren Church of Delaware, 149 Ohio St.3d 307 (2016) — Non-economic cap
• Arbino v. Johnson & Johnson, 116 Ohio St.3d 468 (2007) — Constitutionality of damages caps
• Moskovitz v. Mt. Sinai Medical Center, 69 Ohio St.3d 638 (1994) — Prejudgment interest

This template is provided by ezel.ai for use by licensed attorneys. It does not constitute legal advice. All statutory citations should be verified before use. Ohio law requires that demand letters in personal injury cases be prepared or reviewed by a licensed attorney.