What Is the Ohio Statute of Limitations for Personal Injury?

If you’ve suffered an injury in an accident caused by someone else’s negligence, one of the most important things to consider is how long you have to take legal action against the at-fault party. In Ohio, the statute of limitations for most – but not all – personal injury claims is two years from the date of the injury. If you miss that deadline, you may lose your right to recover any compensation.

That’s why it’s so important to discuss your case with a personal injury lawyer as soon as possible after you’re hurt. Our team is here to help. Call Crandall & Pera Law, LLC to set up a consultation with our team.

How long do you have to file a personal injury lawsuit in Ohio?

Under Ohio law, the majority of personal injury lawsuits must be filed within two years of the date that the injury occurred. This includes a wide range of personal injury cases, including car accidents, slip and fall injuries, and many defective product claims.

If you’re wondering, “How long do I have to file a personal injury lawsuit in Ohio?” the safest approach is to assume that the clock starts ticking immediately after your injury occurs. This is true for most cases, and so each day that passes after your injury may affect your ability to recover damages.

What happens if you miss the deadline?

People may delay filing a claim for a number of reasons. Maybe they don’t realize they’re injured, don’t know they have the right to file a claim, or simply put it off. But if you miss the statute of limitations for your injury, you may be unable to pursue any compensation at all. This is one of the most serious mistakes you can make.

If you try to file a lawsuit after the statute of limitations passes, the court is likely to dismiss your case outright. The other party won’t be held legally responsible, and you will be financially responsible for the losses you’ve incurred as a result of the accident.

It doesn’t matter how obvious it is that the other party was at fault, how egregious their negligence was, or how much you’ve suffered as a result of your injuries. If you miss the statute of limitations, the court is unlikely to assist you.

When does the statute of limitations start?

For most personal injury cases, the statute of limitations begins on the date that the injury occurs. For example, in a car accident case, the two-year window would begin on the date of the crash. However, there are exceptions.

Consider, for example, a case where your injuries aren’t immediately obvious. Imagine a defective product claim where your use of a negligently unsafe product caused you to develop a serious illness. You wouldn’t be aware of the condition when first using the product, and it would likely take you months or even years of symptoms to secure a diagnosis. In these cases, the discovery rule applies.

Under the discovery rule, the statute of limitations may begin when the injury is discovered or when the injury should have reasonably been discovered.

Exceptions to the Ohio statute of limitations

Although the two-year deadline applies to the majority of Ohio personal injury claims, there are important exceptions you should be aware of:

• Claims involving minors: If the victim of an accident is a minor, the two-year window doesn’t start running until their 18th birthday.
• Claims involving those with certain disabilities: This is similar to the exception in place for minors. If the court determines that someone is “of unsound mind,” the statute of limitations pauses until they are found to be mentally competent.
• Defendant flees the state: If the defendant leaves the state and you’re unable to serve them, the statute of limitations may pause until they return to the state of Ohio. This is not automatic and does not apply to all cases.
• Claims against government entities: Claims involving government entities may have different filing deadlines, immunity rules, and procedural requirements depending on the entity involved.
• Wrongful death claims: When someone passes away as a result of their injury, the two-year window doesn’t start until their death, even if the injury happened long before.
• Medical malpractice: Most Ohio medical malpractice claims must be filed within one year from when the claim accrues, which is often when the injury is discovered or should reasonably have been discovered.

Why you shouldn’t wait to file a claim

Two years may seem like a long time to take legal action against someone who’s caused you harm, but that window closes very quickly. Additionally, evidence is most accessible right after an injury. The longer you wait to start a claim, the harder it may be to actually recover the evidence you need. This is especially true when it comes to eyewitness statements; their memories of the incident may degrade with time, so it’s crucial that your personal injury attorney gets their statement as quickly as possible after an injury.

Find out how Crandall & Pera Law, LLC can advocate for you

Wherever you are in the two-year window after your injury, having the right legal team fighting for you can significantly influence the outcome of your case. We’re here to learn more about your case and get you on the right path. Just give us a call or send us a message online to claim your free case evaluation.