When you suffer injury as a result of someone else’s negligence, you deserve compensation.
But did you know that your time to seek compensation is limited?
The amount of time you have to file a lawsuit in Ohio is governed by the statute of limitations that applies to your claim.
If you do not file before the deadline, you will likely lose your chance to recover for your injury.
It is important to consult a personal injury attorney as soon as possible after your accident to ensure that you file your claim on time.
If the statute of limitations has expired, your attorney can advise you of any exceptions that might give you additional time to file.
How Long Is the Ohio Statute of Limitations for Personal Injury?
The statute of limitations in Ohio for personal injury is two years from the date of the injury. If you miss the deadline, you will most likely lose your opportunity to obtain compensation.
This two-year Ohio negligence statute of limitations applies to things like:
For wrongful death cases, you must file a claim within two years of the date of death.
What Happens If I Miss the Deadline?
If you file a personal injury or wrongful death claim after the statute of limitations has expired, the defendant will likely file a motion to dismiss the case. The trial court will grant the motion unless you can show that an exception applies.
What Exceptions Apply to the Negligence Statute of Limitations in Ohio?
The Ohio statute of limitations for personal injury is subject to several exceptions. These exceptions pause or “toll” the statute of limitations for a certain period of time. When this happens, it may extend the time for you to file a lawsuit.
In most accidents, injuries are apparent right away. But sometimes accident victims don’t know that they have suffered an injury until weeks, months, or years after an accident. The discovery rule tolls the statute of limitations until the time an injury is or should have been discovered.
A legal disability is something that prevents a person from protecting their own legal rights. Ohio recognizes age and mental illness as legal disabilities. If someone is under the age of 18 or institutionalized, or if a court has found the person to be of “unsound mind,” the statute of limitations will be tolled until the disability is removed.
If a defendant leaves the state or tries to hide, the statute of limitations may be tolled until they return to the state or are found.
If a defendant is in prison, the Ohio negligence statute of limitations is tolled until they get out of prison.
In response to the coronavirus pandemic, Ohio recently passed a law tolling statutes of limitations for some cases. The rule applies to cases where the statute of limitations is set to expire between March 9 and July 30, 2020.
How Can I Get Started on My Case?
You can protect your rights by contacting an experienced personal injury attorney as soon as possible after your accident. Your attorney can help you understand how the Ohio statute of limitations for personal injury affects your case.
Aaron Bensinger has recovered hundreds of thousands of dollars for injury victims in the Northwest Ohio region. He and his team pride themselves on providing attentive and personalized service for their clients. Contact Bensinger Law today to set up your free initial consultation.