Highlights of a deal reached by House and Senate leaders Wednesday to pass legislation placing limits on personal injury lawsuits:
Caps pain-and-suffering awards at $500,000 for less severe injuries. For the most severe injuries, such as losing a limb, gives judges more ability to review and lower the award if it's deemed too high.
The bill removed a $1 million cap for the most severe injuries sought by the Senate and does not allow judges to raise an award deemed too low.
Removes a Senate proposal that would have based attorney fees on the amount of damage awards their clients received.
Removes a House proposal that would have prevented insurance companies from requiring injured accident victims to repay the companies money they receive from financial settlements, regardless of whether the settlements cover all of a victim's expenses. The proposal followed an Ohio Supreme Court decision in September in favor of insurance companies. Instead, the bill creates a committee to study the problem.
Limits awards meant to punish a company to twice the amount of a combination of pain-and-suffering awards and lost wages and medical expenses. In the case of small businesses of up to 500 employees, limits punitive damages to no more than $350,000. The bill does not place limits on awards for lost wages or medical expenses.
Places a ten-year limit on filing most personal injury and wrongful death lawsuits. Allows exceptions if a manufacturer's warranty guaranteed a product's safety for longer than ten years, and if the claims involve hazardous chemicals or drugs.
Limits the amount of money car crash victims can collect if they weren't wearing a seat-belt. Current law doesn't allow juries to consider the failure to wear a seat-belt as a defense in auto accident lawsuits.
Attempts to further limit frivolous lawsuits by expanding the definition of such lawsuits, including filing complaints based on unsupported allegations.
Source: Legislative Service Commission, House Republicans.
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