Over the last twenty years, many states have passed laws to restrict the amount of money that an injured person can receive in negligence and medical malpractice cases.  The laws were enacted by state legislatures and replaced laws that had developed over the last few centuries from the courts of Great Britain and the United Sates.  The insurance industry argued that it was forced to dramatically increase the cost of liability insurance for everyone due to runaway jury verdicts.

                In Ohio, tort reform laws were passed by the Ohio’s Republican-dominated legislature and signed by Governor Robert Taft in 2005. The laws restricted what people could recover for pain and suffering and other non-economic losses. The limit (or cap) for these damages in most cases was $250,000.  In limited circumstances the amount increased to $350,000.  The law also significantly reduced what injured people could recover in punitive damages -- damages that are paid when the wrongdoer’s behavior is extremely reckless or willful.

                The insurance companies promised reductions in insurance premiums. These reduced premiums have not materialized, yet insurance companies’ profits have continued to soar.

                Despite these changes, there are exceptions to some of the most damaging provisions of the law.  If you have sustained serious injuries, you should contact a skilled personal injury attorney to devise a strategy to minimize the effects of these laws. The attorneys at Miraldi and Barrett are skilled in presenting your claim so that your harms and losses are structured in such a way to minimize the effect of these laws.