DEMAND FOR SETTLEMENT - PROFESSIONAL MALPRACTICE

STATE OF OHIO

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Ohio ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Ohio

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Professional / Firm Name]
[Professional Liability Insurance Carrier]
[Street Address]
[City, State ZIP]

RE: PROFESSIONAL MALPRACTICE CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date(s) of Negligent Service: [Date or Date Range]
Professional(s): [Professional Name(s) and License Type]
Matter/Project: [Description]
Claim Number: [If assigned]

Dear [Recipient Name]:

This firm represents [Client Name] in connection with the professional malpractice committed by [Professional/Firm Name] in [his/her/their] provision of [type of professional services] services. This letter constitutes formal notice of our client's claim and our demand for settlement.

I. OHIO-SPECIFIC LEGAL FRAMEWORK

A. Governing Law

Professional malpractice claims in Ohio are governed by common law negligence principles and Ohio Rev. Code Section 2305.11. Key precedents include Vahila v. Hall, 77 Ohio St.3d 421 (1997) and Environmental Network Corp. v. Goodman Weiss Miller, L.L.P., 119 Ohio St.3d 209 (2008).

B. Statute of Limitations

Legal Malpractice: Under Ohio Rev. Code Section 2305.11(A), actions for legal malpractice must be commenced within one (1) year from the date the cause of action accrues, but no later than four (4) years from the act or omission (statute of repose).

Other Professional Malpractice: Generally subject to the one-year malpractice limitations period under Ohio Rev. Code Section 2305.11(A).

Discovery Rule: Ohio applies the discovery rule. The cause of action accrues when the client discovers or should have discovered the resulting damage. Zimmie v. Calfee, Halter & Griswold, 43 Ohio St.3d 54 (1989).

Cognizable Event Doctrine: The statute begins to run when a "cognizable event" occurs that puts the plaintiff on notice of the need to investigate. Environmental Network Corp., 119 Ohio St.3d 209.

Relevant Dates in This Matter:
- Date(s) of negligent services: [Date(s)]
- Date of discovery/cognizable event: [Date]
- One-year limitations period expires: [Date]
- Four-year repose period expires: [Date]

C. Comparative Negligence

Ohio follows a modified comparative negligence system under Ohio Rev. Code Section 2315.33. A plaintiff may recover damages only if their percentage of negligence is not greater than the combined negligence of all defendants. If the plaintiff is more than 50% at fault, recovery is completely barred.

D. Standard of Care Under Ohio Law

Under Ohio law, a professional must exercise the knowledge, skill, and ability ordinarily possessed and exercised by members of that profession in similar circumstances. Vahila v. Hall, 77 Ohio St.3d 421 (1997).

Key Case Law:

• Attorneys: Must possess the knowledge, skill, and ability ordinarily possessed by members of the legal profession and act in conformity therewith. Vahila v. Hall, 77 Ohio St.3d 421 (1997).
• Accountants: Must perform services in accordance with GAAP and GAAS standards. Haddon View Inv. Co. v. Coopers & Lybrand, 70 Ohio St.2d 154 (1982).
• Engineers/Architects: Must exercise the skill and care customarily used by practitioners in the profession. Allied Properties v. John A. Blume & Assocs., 25 Ohio App.3d 124 (1985).

E. Expert Witness Requirements

Expert testimony is generally required in professional malpractice cases to establish:
1. The applicable standard of care;
2. That the defendant breached that standard; and
3. That the breach proximately caused the plaintiff's damages.

Vahila v. Hall, 77 Ohio St.3d 421 (1997).

Exception: Expert testimony is not required when the professional's negligence is within the common knowledge of laypersons.

Certification: We have retained a qualified expert who has reviewed the relevant documents and has concluded that the applicable standard of care was breached and that such breach proximately caused our client's damages.

F. Damage Caps

Ohio does not impose statutory caps on compensatory damages in professional malpractice cases. Punitive damages are capped under Ohio Rev. Code Section 2315.21.

G. Privity and Third-Party Claims

Legal Malpractice: Generally requires an attorney-client relationship. Scholler v. Scholler, 10 Ohio St.3d 98 (1984). Ohio recognizes limited exceptions for intended beneficiaries. Simon v. Zipperstein, 32 Ohio St.3d 74 (1987).

Accountant Malpractice: Third parties may recover under certain circumstances. Haddon View Inv. Co. v. Coopers & Lybrand, 70 Ohio St.2d 154 (1982).

H. Breach of Fiduciary Duty

Ohio recognizes breach of fiduciary duty as a separate cause of action. Stone v. Davis, 66 Ohio St.2d 74 (1981). Professionals who occupy positions of trust owe fiduciary duties to their clients.

II. PRESERVATION OF EVIDENCE - LITIGATION HOLD

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to services provided to [Client Name], including but not limited to:

• Complete client file (paper and electronic)
• All correspondence and communications
• Work product, drafts, and notes
• Billing records and time entries
• Engagement letters and contracts
• Emails and electronic communications
• Calendar entries and scheduling records
• Internal memoranda and analysis
• Research materials
• Any recorded statements
• Professional liability insurance policies
• Quality control and review documentation

Modification, destruction, or concealment of any records will result in claims for spoliation, sanctions, and adverse inference instructions under Ohio law. Smith v. Howard Johnson Co., 67 Ohio St.3d 28 (1993).

III. FACTUAL BACKGROUND

A. Engagement and Relationship

[Client Name] engaged [Professional/Firm Name] on or about [Date] to provide [type of professional services]:

Nature of Engagement:
- [Description of services to be provided]
- [Scope of representation/engagement]
- [Key objectives]

Fee Arrangement:
- [Description of fee arrangement]
- [Total fees paid: $Amount]

B. Chronology of Negligent Services

[Date]: [Describe what occurred]

[Date]: [Describe what occurred]

[Date]: [Describe what occurred]

C. The Professional Error(s)

[Describe specifically what the professional(s) did wrong]

D. Discovery of Malpractice

Our client [did not discover / could not have reasonably discovered] the malpractice until [Date], when [describe discovery circumstances].

IV. STANDARD OF CARE VIOLATIONS

A. Applicable Standard of Care

Under Ohio law, [Defendant Professional] was required to exercise the knowledge, skill, and ability ordinarily possessed and exercised by members of the [profession type] profession in similar circumstances.

Based on our expert's analysis, the applicable standard of care required [Defendant] to:

1. [Standard 1]
2. [Standard 2]
3. [Standard 3]

B. Breaches of the Standard of Care

Breach 1: [Detailed description of breach]

Breach 2: [Detailed description of breach]

Breach 3: [Detailed description of breach]

C. Expert Opinion

We have retained [Expert Name], a [licensed/certified] [profession] with [number] years of experience in [relevant area]. [Expert Name] has concluded that:

1. [Defendant Professional] breached the applicable standard of care;
2. These breaches were a direct and proximate cause of [Client Name]'s damages; and
3. Had appropriate professional services been rendered, [describe avoided outcome].

V. CAUSATION

A. "But For" Causation

But for the defendant's breach of the standard of care, our client would not have suffered the damages described herein. This claim satisfies the "but for" test for actual causation.

B. Proximate Causation

The defendant's professional negligence was a proximate cause of our client's damages. The harm suffered was a foreseeable consequence of the defendant's breach of duty.

C. Case-Within-A-Case (If Applicable to Legal Malpractice)

[If legal malpractice:] We are prepared to prove that but for counsel's negligence, the underlying matter would have resulted in a more favorable outcome for our client. Vahila v. Hall, 77 Ohio St.3d 421 (1997).

VI. DAMAGES

A. Direct Financial Losses

As a direct and proximate result of the defendant's professional negligence, our client has suffered:

Primary Damages:
- [Loss 1]: $[Amount]
- [Loss 2]: $[Amount]
- [Loss 3]: $[Amount]

B. Consequential Damages

C. Professional Fees Paid

D. Interest and Incidental Costs

• Prejudgment interest per Ohio Rev. Code Section 1343.03
• Court costs and filing fees
• Expert witness fees

E. Summary of Damages

VII. SETTLEMENT DEMAND

Based upon the clear breach of professional standards, the extent of our client's damages, and the strength of liability evidence, we hereby demand:

$[DEMAND AMOUNT]

This demand will remain open for thirty (30) days from the date of this letter, expiring at 5:00 p.m. Eastern Time on [Expiration Date].

VIII. RESPONSE AND ADDITIONAL INFORMATION REQUESTED

Please provide:

1. All professional liability insurance policies applicable to this claim
2. Policy limits for each applicable policy
3. Any self-insured retention amounts
4. Excess/umbrella coverage information
5. Consent to extend statute of limitations during settlement discussions

IX. DOCUMENTATION ENCLOSED

• Engagement agreement/retainer
• Correspondence between client and professional
• Work product demonstrating errors
• Documentation of damages
• Expert curriculum vitae
• Chronology of events

X. CONCLUSION

This case presents clear professional negligence that caused significant financial harm to our client. The defendant's conduct fell below the standard of care required of [profession type] in Ohio.

We are prepared to litigate this matter in the Court of Common Pleas of [County] County, Ohio if necessary. However, we believe early resolution serves all parties' interests.

Please respond by the deadline stated above.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Ohio Supreme Court Attorney Registration No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

OHIO PROFESSIONAL MALPRACTICE PRACTICE NOTES

• Short Limitations Period: Only 1 year from discovery/cognizable event - one of the shortest in the nation.

• Four-Year Repose: Absolute bar on claims more than 4 years from the act or omission (legal malpractice).

• Cognizable Event Doctrine: Statute runs from when plaintiff is put on notice of need to investigate.

• Modified Comparative Fault: Recovery barred if plaintiff is more than 50% at fault.

• Expert Testimony Required: Expert witness is generally necessary except for obvious negligence.

• No Compensatory Damage Caps: No statutory limits on compensatory damages.

• Punitive Damages Cap: Two times compensatory damages or 10% of net worth (whichever is less) per Ohio Rev. Code Section 2315.21.

• Prejudgment Interest: Federal short-term rate plus 3% per Ohio Rev. Code Section 1343.03.

• Venue: Court of Common Pleas in county where defendant resides or where cause of action arose.

• Commercial Docket: Some counties have specialized commercial dockets.

This template is specific to Ohio law. Professional malpractice claims in Ohio have a very short one-year limitations period. Always verify current law and consult with qualified Ohio counsel.