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What Can You Claim for Spinal Cord Injury in Ohio?

What Can You Claim for Spinal Cord Injury in Ohio

A spinal cord injury changes your life in ways that are hard to put into words. The financial side of that change is what a claim is designed to address. If someone else’s negligence caused your injury, a spinal cord injury claim in Ohio gives you the legal right to recover for everything you’ve lost, not just the hospital bill.

Here is a clear breakdown of what you can actually pursue.

The Three Categories of Damages in a Spinal Cord Injury Claim in Ohio

  1. Economic Damages

These are the losses you can put a hard number on. They are fully recoverable in Ohio with no cap.

  • Emergency care, surgery, hospitalization, and rehabilitation
  • Future medical expenses, including long-term care and assistive devices
  • Lost income from missed work
  • Reduced earning capacity if you cannot return to your previous job
  • Home modifications such as wheelchair ramps or accessible bathrooms
  • Ongoing in-home care or personal assistance costs

The National Spinal Cord Injury Statistical Center reports that lifetime healthcare and living costs for someone with high tetraplegia can exceed $6.2 million for a person injured at age 25.

Even motor functional injuries carry lifetime costs exceeding $2 million. Those figures cover direct healthcare and living expenses only. They do not include lost wages or reduced earning capacity, which the NSCISC estimates average an additional $95,309 per year in indirect costs.

  1. Non-Economic Damages

These losses are real, even if they do not come with a receipt:

  • Physical pain and chronic suffering
  • Emotional distress and anxiety
  • Loss of enjoyment of life
  • Loss of consortium for married claimants

Ohio places caps on non-economic damages in most personal injury cases under Ohio Revised Code Section 2315.18. The cap is $250,000 or three times your economic damages, up to $350,000, whichever is greater.

However, those caps do not apply when the injury involves permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system, or when the injury permanently prevents the person from independently caring for themselves.

Many spinal cord injury victims may qualify for this exemption, which means there is no ceiling on what a jury can award for pain and suffering.

  1. Punitive Damages

If the at-fault party acted with extreme recklessness or intentional misconduct, a court may also award punitive damages.

These are uncommon, but they do come up in cases involving impaired drivers or other egregious conduct. In Ohio, punitive damages are capped at twice the amount of compensatory damages awarded.

What Are the Most Common Causes of Spinal Cord Injuries in Ohio Claims?

Vehicle crashes remain the leading cause of traumatic spinal cord injuries in the United States.

Other common causes that lead to Ohio personal injury claims include:

The cause matters because it shapes the legal path. A workplace spinal cord injury may involve a workers’ compensation claim alongside a separate third-party personal injury claim if a subcontractor or equipment manufacturer was at fault.

Workers’ comp covers medical expenses and a portion of lost wages, but it does not cover pain and suffering. A personal injury claim against a third party can recover those damages that workers’ comp leaves out.

How Ohio’s Comparative Fault Rule Affects What You Recover

Ohio operates under a modified comparative fault system under Ohio Revised Code Section 2315.33. If you are found 51% or more at fault for the accident, you cannot recover damages. If you are less than 51% at fault, your compensation is reduced by your percentage of fault.

Say your total damages are $600,000 and a jury finds you 20% at fault. You recover $480,000. Insurance companies will push hard to increase your share of fault during negotiations. They may argue you were speeding, distracted, or failed to wear a seatbelt.

Strong evidence from accident reports, medical records, and expert witnesses is what holds those arguments back.

What Is the Deadline to File a Spinal Cord Injury Claim in Ohio?

Under Ohio Revised Code Section 2305.10, most personal injury claims must be filed within two years of the date of injury. Miss that deadline, and you lose your right to recover compensation entirely.

For wrongful death claims tied to a fatal spinal cord injury, the two-year clock runs from the date of death under Ohio Revised Code Section 2125.02.

Limited exceptions exist for injured minors and cases where the injury was not immediately discoverable. But the general rule is firm, and two years move faster than most people expect when you are focused on recovery.

How Insurance Companies Fight Spinal Cord Injury Claims

Understanding what you are up against matters. Insurers handling SCI claims typically use a few predictable tactics:

  • Disputing future costs. They will challenge life care plan projections and argue that your future medical needs are overstated.
  • Attacking causation. If you had any prior back or neck issues, they will argue the accident did not cause your current condition.
  • Pushing for early settlement. A quick offer before you have reached maximum medical improvement almost always undervalues long-term costs. Once you accept and sign a release, you cannot go back for more.
  • Targeting fault. Even a small increase in your percentage of fault reduces what they pay.

Having an attorney involved before you speak to an adjuster or accept any offer protects you from each of these moves.

What Evidence Makes the Strongest Spinal Cord Injury Claim?

Documentation drives value in these cases. The more thorough the evidence, the harder it is for an insurer to minimize what your injury is actually worth.

  • MRIs, CT scans, and X-rays
  • Neurologist and specialist reports
  • Neuropsychological testing where cognitive impact is involved
  • Life care plan estimates for future medical needs
  • Vocational expert reports on lost earning capacity
  • Economic analysis of lifetime income loss
  • Testimony from people who knew you before and after the injury
  • Detailed records of all out-of-pocket expenses and daily limitations

Find Out What Your Spinal Cord Injury Claim Is Worth in Ohio

Spinal cord injuries are among the most life-altering outcomes of any accident. The compensation you pursue should reflect the full reality of what you are facing, not a lowball settlement designed to close your file.

At The Jones Firm, we work directly with each client to identify every available source of compensation and build the strongest possible case. 

Contact The Jones Firm today for a free consultation to discuss your spinal cord injury claim in Ohio.

Author Bio

Geoff Jones is the CEO and Managing Partner of The Jones Firm, a personal injury law firm in Columbus, Ohio. With years of experience in personal injury law, he has zealously represented clients in a wide range of legal matters, including car accidents, medical malpractice, slip and falls, wrongful death, and other cases.

Geoff received his Juris Doctor from the Ohio State University Moritz College of Law and is a member of the Columbus Bar Association. He has received numerous accolades for his work, including being selected to Super Lawyers Rising Stars for 2022-2023.

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