Ohio Personal Injury Glossary

Lawyers and adjusters use a vocabulary that most people never need until the day they are hurt. This glossary defines the terms you are most likely to hear in an Ohio injury case, in plain English. Where a term is governed by a specific Ohio statute or Supreme Court decision, the citation is included so you can look it up. For a fuller discussion, each entry points you toward the chapter of The Ohio Personal Injury Guide that covers it.

A

Accrual. The moment a legal claim comes into existence and the statute of limitations starts running. For most injury claims, that is the date of the crash or fall.

Adjuster. The insurance company employee assigned to investigate, evaluate, and negotiate your claim. The adjuster works for the insurer, not for you, even when the insurer is your own.

Apportionment. The jury's assignment of a percentage of fault to the plaintiff, each defendant, and anyone else who contributed to the injury, totaling 100 percent, as required by R.C. 2307.23. The percentages determine how much, if anything, each party pays.

Assured clear distance. Ohio's rule, in R.C. 4511.21(A), that no one may drive faster than will allow them to stop within the distance they can see to be clear ahead. A driver who rear-ends a vehicle in their lane has usually violated it.

B

Bad faith. An insurer's failure to handle a claim fairly and honestly, such as denying or delaying payment without a reasonable justification. Ohio recognizes bad faith as a separate claim against your own insurer, in addition to the amount owed under the policy.

Bodily injury liability. The part of an auto policy that pays for injuries the policyholder causes to other people. It is the coverage you make a claim against when another driver hurts you.

Burden of proof. The obligation to prove a fact. In an injury case the plaintiff must prove negligence and damages by a "preponderance of the evidence," meaning more likely than not. Punitive damages require the higher standard of "clear and convincing evidence."

C

Collateral source. Anyone other than the defendant who paid for your losses, such as your health insurer or MedPay. R.C. 2315.20 limits when a defendant can tell the jury about those payments, and Robinson v. Bates, 112 Ohio St.3d 17, 2006-Ohio-6362, allows the jury to see both the billed and the paid amounts of your medical care. See Medical Bills, Health Insurance, and Liens.

Collision coverage. The part of your own auto policy that pays to repair or replace your vehicle regardless of who was at fault, minus your deductible.

Comparative negligence. Ohio's system for handling an injured person's own share of fault. Under R.C. 2315.33, you can recover as long as your fault is not greater than everyone else's combined, but your damages are reduced by your percentage.

Complaint. The document that starts a lawsuit. It names the defendants, describes what happened, and states what the plaintiff is asking for.

Consent-to-settle clause. A provision in your auto policy requiring your insurer's written permission before you settle with the at-fault driver, so that the insurer's right to pursue that driver is protected. Settling without consent can forfeit UM/UIM coverage.

Consortium. The companionship, affection, services, and support one spouse provides to another. A "loss of consortium" claim is the uninjured spouse's own claim for what the injury took from the marriage.

Contingency fee. A fee arrangement in which the lawyer is paid a percentage of the recovery and nothing if there is no recovery. It is how nearly all injury cases are handled, including ours.

Court of Claims. The special court in Columbus that hears claims against the State of Ohio and its agencies. R.C. 2743.16(A) requires most such claims to be filed within two years.

D

Damages. The money a court awards to compensate for a loss. Compensatory damages make up for what was lost; punitive damages punish the wrongdoer.

Declarations page. The summary page at the front of an insurance policy listing each coverage you bought and its dollar limit. Reading yours is the first step in Using Your Own Insurance.

Defendant. The person or company being sued. In a crash case, the at-fault driver is the defendant, even though the insurer pays.

Demand letter. The formal written settlement demand sent to the insurer after treatment is complete, laying out liability, injuries, damages, and the amount requested, with supporting documents.

Deposition. Sworn testimony taken outside the courtroom, with lawyers for both sides asking questions and a court reporter recording every word. Depositions are part of discovery and can be used at trial.

Discovery. The formal process after a lawsuit is filed in which each side obtains evidence from the other through written questions, document requests, and depositions.

Dram shop claim. A claim against a bar or other liquor permit holder under R.C. 4399.18 for injuries caused by a patron it knowingly served while the patron was noticeably intoxicated or underage.

Duty of care. The legal obligation to act with reasonable care toward others. A driver owes a duty to other motorists; a store owes a duty to its customers. Negligence is the breach of that duty.

E

Economic damages. Losses with a dollar figure attached: medical bills, lost wages, lost earning capacity, future care, and similar expenses, as defined in R.C. 2315.18(A). Ohio does not cap them.

Eggshell plaintiff. The rule that a defendant takes the victim as they find them. If a pre-existing condition made your injury worse than it would have been for a healthier person, the defendant is still responsible for the full harm.

ERISA plan. An employer health plan governed by the federal Employee Retirement Income Security Act. Self-funded ERISA plans often claim reimbursement rights that are harder to reduce than those of ordinary insurers.

Event data recorder. The "black box" in most modern vehicles that records speed, braking, throttle, and seat belt use in the seconds before a crash. It can be overwritten or lost if the vehicle is repaired or scrapped, so preserving it matters.

Excess verdict. A jury verdict larger than the defendant's insurance policy limits. When an insurer unreasonably refuses to settle within limits and an excess verdict results, the insurer may be responsible for the excess.

Expert witness. A person with specialized knowledge, such as a physician, accident reconstructionist, or economist, who is permitted to give opinion testimony to help the jury understand technical issues.

F

Financial responsibility law. R.C. 4509.101(A)(1), which prohibits driving without proof of financial responsibility. R.C. 4509.01(K) sets the minimum at $25,000 per person and $50,000 per crash for bodily injury and $25,000 for property damage.

H

Harborer. Under R.C. 955.28(B), the owner, keeper, or harborer of a dog is liable for injuries the dog causes, with exceptions for trespassers and people teasing or abusing the dog. A harborer is someone who controls the premises where the dog lives.

I

Immunity. A legal shield from liability. R.C. 2744.02 gives cities, counties, townships, and other political subdivisions broad immunity, subject to exceptions that include negligent operation of a motor vehicle by an employee and negligent road maintenance.

Independent medical examination (IME). An examination by a doctor chosen and paid by the defense or the insurer. Despite the name, it is not independent; it is part of the defense case.

Interrogatories. Written questions one party sends to the other during discovery, which must be answered in writing and under oath.

Invitee. A person on someone else's property for a purpose connected to the owner's business, such as a customer in a store. Property owners owe invitees the highest duty of care: to keep the premises reasonably safe and warn of hidden dangers.

J

Joint and several liability. The rule that a defendant can be made to pay the entire judgment, not just its share. Under R.C. 2307.22, a defendant more than 50 percent at fault is jointly and severally liable for your economic damages; noneconomic damages are always divided by fault.

L

Letter of protection. A lawyer's written promise to a medical provider that the provider's bill will be paid from the settlement, in exchange for the provider treating the patient now without pursuing collection.

Liability limits. The maximum an insurance policy will pay. An at-fault driver with $25,000 in liability limits is, from the insurer's perspective, a $25,000 problem no matter how badly you are hurt.

Lien. A legal claim against part of your settlement by someone who paid for or provided your medical care, such as a health insurer, Medicare, Medicaid, or a provider treating under a letter of protection.

Litigation. The process of resolving a dispute through the courts, beginning with the filing of a complaint. Most cases settle during litigation rather than at trial.

Loss of earning capacity. Damages for the reduction in what you will be able to earn over your working life because of a permanent injury, separate from wages already lost.

M

Make-whole rule. The principle, applied in Ohio through R.C. 2323.44, that a health insurer or other subrogee cannot be fully repaid from your settlement when you have not been fully compensated; its claim is reduced in the same proportion as your recovery.

Maximum medical improvement (MMI). The point at which your condition has stabilized and your doctors can reliably describe your permanent limitations and future care. Cases should not be valued or settled before it.

Mediation. A structured settlement negotiation led by a neutral mediator, often a retired judge. It is not binding, but most litigated injury cases settle at or shortly after mediation.

Medicaid recovery. Ohio Medicaid's automatic right under R.C. 5160.37 to be repaid from your settlement for crash-related care it covered, subject to the formula and hearing procedure in that statute.

Medicare conditional payment. Treatment paid by Medicare on the condition that Medicare be reimbursed when a liable party or its insurer pays, under the Medicare Secondary Payer law, 42 U.S.C. 1395y(b)(2).

MedPay. Medical payments coverage on your own auto policy, which pays medical bills for you and your passengers after a crash regardless of fault, up to the limit on your declarations page.

N

Negligence. Failing to use the care a reasonably careful person would use in the same situation. It is the basis of nearly every injury claim.

Negligence per se. Negligence established automatically by the violation of a safety statute, such as running a red light. The plaintiff still has to prove the violation caused the injury.

Noneconomic damages. Pain and suffering, loss of enjoyment of life, disfigurement, mental anguish, and loss of companionship, as defined in R.C. 2315.18(A). Ohio caps them in most cases; see What Your Case Is Worth.

O

Open and obvious. The doctrine, reaffirmed in Armstrong v. Best Buy Co., 99 Ohio St.3d 79, 2003-Ohio-2573, that a property owner owes no duty to protect visitors from hazards that are plainly visible. It is the most common defense in Ohio premises cases.

P

Per person / per occurrence. The two numbers in a liability limit, such as "$25,000/$50,000." The first is the most the policy pays to any one injured person; the second is the most it pays for everyone hurt in one crash. R.C. 3937.44 allows a policy to treat all claims arising from one person's injury, including a spouse's consortium claim, as a single per-person claim.

Plaintiff. The person who brings a lawsuit. In an injury case, the injured person.

Policy limits demand. A settlement demand for the full amount of the defendant's liability coverage, typically with a deadline. When the injury clearly exceeds the limits, it puts the insurer at risk of an excess verdict if it refuses.

Political subdivision. A city, county, township, school district, or similar local government. Claims against them are subject to immunity under R.C. Chapter 2744 and a two-year deadline under R.C. 2744.04(A).

Premises liability. The area of law governing injuries on someone else's property, such as falls, inadequate security, and dangerous conditions.

Proximate cause. The legal connection between the defendant's conduct and your injury. The conduct must be a natural and foreseeable cause of the harm, not merely something that happened before it.

Punitive damages. Damages meant to punish, available under R.C. 2315.21 only on clear and convincing proof of malice or aggravated or egregious fraud, and generally capped at two times compensatory damages.

R

Release. The document you sign at settlement giving up all claims against the defendant in exchange for payment. Once signed, the claim cannot be reopened, even if your injury turns out to be worse than you thought.

Res ipsa loquitur. Latin for "the thing speaks for itself." A rule that lets a jury infer negligence when an injury would not ordinarily happen without carelessness and the defendant controlled whatever caused it.

Respondeat superior. The rule that an employer is responsible for the negligence of an employee acting within the scope of employment. It is why a trucking company, not just the driver, is liable for a crash on a delivery run.

S

Setoff. The reduction of your underinsured motorist coverage by the amount available from the at-fault driver's liability policy, required by R.C. 3937.18(C). UIM pays only the difference between your limit and theirs.

Settlement. An agreement to resolve a claim for a payment, ending the case without a trial. Settlement money is paid in exchange for a release.

Spoliation. The destruction or alteration of evidence. In Smith v. Howard Johnson Co., 67 Ohio St.3d 28 (1993), the Supreme Court of Ohio recognized a separate claim for willful destruction of evidence designed to disrupt a party's case.

Stacking. Combining UM/UIM limits from more than one vehicle or policy. R.C. 3937.18(F) allows insurers to prohibit it, and most Ohio policies do.

Statute of limitations. The deadline for filing a lawsuit. For most Ohio injury claims it is two years under R.C. 2305.10(A). The full list is in Deadlines and the Timeline of an Ohio Injury Case.

Statute of repose. An absolute outer deadline that runs from an event other than the injury and is not extended by late discovery, such as ten years from a product's first sale under R.C. 2305.10(C) or four years from a medical act under R.C. 2305.113(C).

Subrogation. The right of someone who paid your losses, such as your health insurer, to step into your shoes and recover from the at-fault party or from your settlement. R.C. 2323.44 limits that right when you are not made whole.

Summary judgment. A ruling by the judge, before trial, that one side wins because there is no genuine dispute about the important facts. Defendants in premises cases often seek it on the open-and-obvious doctrine.

Survival action. The claim that belongs to the estate of someone who died, for the pain, suffering, and expenses the person experienced between the injury and death. It is separate from the family's wrongful death claim.

T

Tolling. Pausing a statute of limitations. R.C. 2305.16 tolls the deadline for a minor or a person of unsound mind until the disability ends.

Tortfeasor. The person who committed the wrongful act. In a crash case, the at-fault driver.

U

UM/UIM. Uninsured and underinsured motorist coverage on your own auto policy, governed by R.C. 3937.18. It pays you when the at-fault driver has no insurance (UM) or too little (UIM). Policies may require the claim to be made within three years under R.C. 3937.18(H). See our page on UM/UIM claims in Ohio.

V

Verdict. The jury's decision at the end of a trial, including the amount of damages. The judge then applies any statutory caps and comparative-fault reductions before entering judgment.

W

Wrongful death. A claim under R.C. 2125.02 brought by the personal representative of someone killed by another's wrongful act, for the benefit of the surviving spouse, children, parents, and next of kin. It must be filed within two years of the death under R.C. 2125.02(F)(1).