Detailed Answer
Under Ohio law, you can recover travel costs to and from medical appointments as part of your compensatory damages in a personal injury case. Courts treat these costs as “special damages” and require you to prove them with reasonable certainty. Follow these steps to ensure you capture and claim every valid travel expense:
1. Document Your Travel
Track each trip’s date, mileage, starting point, destination, and purpose. Record odometer readings at the start and end of each journey. Save receipts for parking, tolls, public transit, ride-share or taxi fares.
2. Gather Supporting Medical Records
Obtain appointment confirmations, referral letters, treatment summaries and prescription records that clearly link each trip to your injury-related care.
3. Consult with an Ohio Personal Injury Attorney
Your attorney will explain how to package and present travel expenses in your claim. They ensure you meet procedural rules and evidentiary standards under Ohio Civil Rules and the Ohio Evidence Code.
4. Include Travel Expenses in Your Complaint or Demand Letter
When you file your lawsuit or send a settlement demand, itemize all travel costs as “special damages.” List each trip date, description and amount to create a transparent, easy-to-follow summary.
5. File Within the Statute of Limitations
Personal injury claims must be filed within two years of the injury date. See Ohio Rev. Code §2305.10.
6. Disclose Documents in Discovery
Under Ohio Civil Rule 26, share your travel logs and receipts with the opposing party. Respond fully to any requests under Ohio Civil Rule 34 for production of documents.
7. Authenticate Your Records at Hearing or Trial
Use your testimony, a witness or a custodian of records to meet Ohio Evid.R. 901’s requirement. Confirm mileage entries and receipts accurately reflect your trips.
8. Present Your Claim at Mediation or Trial
Submit an itemized summary of travel expenses with your other medical bills. Request a jury instruction on compensatory damages—see Ohio Jury Instructions – Civil 512.01 (Compensatory Damages).
Helpful Hints
- Use a dedicated logbook or digital app to record mileage immediately after each trip.
- Photograph or scan receipts promptly to guard against loss or fading.
- Ask your medical provider for a written note confirming each appointment’s link to your injury.
- Maintain a central calendar of all treatments to cross-check dates and purpose.
- Review your travel log with your attorney before disclosures to ensure accuracy and completeness.