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tort threshold

You just got a letter that says your injuries may not meet the "tort threshold," and now it sounds like somebody is trying to shut the door on a claim before you even get through it. A tort threshold is a legal cutoff that decides when an injured person can step outside the insurance system and file a lawsuit for pain and suffering or other non-economic losses. In plain English: if your injuries are not serious enough under that state's rules, you may be stuck with insurance benefits only, even if the crash wrecked your life for months.

This usually comes up in no-fault car insurance states, where lawmakers decided not every crash should turn into a personal injury claim. The threshold may be based on medical costs, the type of injury, permanent disability, or disfigurement. That sounds neat on paper. In real life, it often becomes a fight over how badly hurt you are and whether an insurer can downplay it.

In Ohio, this is mostly a term people run into from out-of-state policies or confusing claim paperwork, because Ohio is not a no-fault state with a tort-threshold system for ordinary car crashes. Ohio follows a fault-based system, so the real battles are usually over liability, damages, and proof. If you were hurt in Ohio, the deadline that matters is the Ohio statute of limitations: generally 2 years from the date of the crash for personal injury claims. Miss that, and the claim can die no matter how serious the injury was.

by Karen Blazer on 2026-03-26

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

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