Personal Injury Deposition in Ohio
A deposition is sworn out-of-court testimony taken during the discovery phase of yourOhio personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$12,000 – $60,000
Avg Settlement
2 years
Filing Deadline
Deposition Tips for Ohio Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (51% bar), any admission of fault can reduce or eliminate your recovery.
Ohio Law Overview
Ohio applies modified comparative fault with a 51% bar. The 2-year statute of limitations applies to most personal injury claims. Ohio does not require no-fault PIP insurance. Ohio's manufacturing heritage and dense industrial base create significant product liability and workplace injury litigation. Cleveland, Columbus, and Cincinnati courts handle substantial personal injury caseloads. Ohio has no general cap on noneconomic compensatory damages for most personal injury cases, though medical malpractice noneconomic damages are capped at $250,000 or three times economic damages, up to $350,000 per plaintiff, under Ohio Rev. Code § 2323.43. Ohio caps punitive damages at 2 times compensatory damages under Ohio Rev. Code § 2315.21, with a maximum of $350,000 for small defendants. Ohio courts follow Daubert standards for expert testimony. Workers' compensation in Ohio is administered through the Bureau of Workers' Compensation. Ohio's political scene has seen ongoing tort reform debates affecting various damage caps and procedural rules.