Why Ohio’s Damage Caps Matter to Injury Victims
When someone is seriously hurt because of another person’s negligence, Ohio law allows them to recover two broad categories of compensation: economic damages, like medical bills and lost wages, and non-economic damages, which cover pain and suffering, emotional distress, and loss of enjoyment of life. While economic damages are generally uncapped, Ohio has placed strict limits on non-economic damages since 2005, and many injury victims are surprised to learn just how low those limits can be.
That could be changing. In September 2025, Ohio lawmakers introduced House Bill 447, a proposal that would significantly raise the statutory caps on non-economic damages for the first time in two decades. If you or a loved one has been seriously injured, understanding how these caps work today, and how they might change, is an important part of knowing what your case could be worth.
How Ohio’s Current Damage Caps Work
Under current Ohio law, non-economic damages in most personal injury cases are capped at whichever is greater: $250,000, or three times the plaintiff’s economic damages, up to a maximum of $350,000 per plaintiff or $500,000 per occurrence when multiple people are injured in the same incident.
- The cap applies to compensation for pain and suffering, mental anguish, and loss of enjoyment of life
- Economic damages such as medical expenses and lost income are not subject to this cap
- Cases involving catastrophic injuries, permanently preventing the injured person from being independent care of themselves and/or loss of use of limb, or loss of a bodily organ system are exempt from the cap entirely
- The caps have not been adjusted for inflation since they were enacted, meaning their real value has eroded over time
What House Bill 447 Proposes to Change
House Bill 447 would raise the general cap on non-economic damages to $415,000 per plaintiff, with maximum limits increasing to $580,000 per plaintiff and $830,000 per occurrence. The bill would also require the Ohio Department of Taxation to adjust these amounts annually based on the Consumer Price Index, so the caps would rise automatically with inflation going forward rather than staying frozen for another 20 years.
As of this writing, the bill has been referred to the House Judiciary Committee and has not yet become law. Legislation like this can take months or longer to move through committee hearings, amendments, and floor votes, and there is no guarantee it will pass in its current form. Even so, the proposal signals that Ohio lawmakers recognize the current caps may no longer reflect the real cost of serious injuries.
What This Means If You’ve Been Injured
If your case is resolved before any new law takes effect, the current caps will apply. That makes it especially important to work with an attorney who understands how to properly document non-economic losses and, where applicable, build the strongest possible case that an injury meets the catastrophic injury exception, which removes the cap altogether.
- Detailed medical records and expert testimony can help establish the severity and permanence of an injury
- Journaling how an injury affects daily life can support a claim for pain and suffering
- An experienced attorney can evaluate whether your injury may qualify for the catastrophic injury exception
- Settlement timing matters, especially if legislation changes the caps while your case is pending
We’ll continue to track House Bill 447 as it moves through the legislature and will keep our clients informed of any changes that could affect their claims. In the meantime, if you or a family member has suffered a serious injury, don’t assume a low settlement offer reflects what your case is truly worth.
