Each state has a deadline for filing a personal injury claim called the statute of limitations. If you believe you have grounds for legal action, learn how Ohio’s personal injury statute of limitations may apply to your case.
Missing the deadline could mean losing your chance to recover compensation for your injuries. When you turn to Gervelis Law Firm, we will evaluate your case, help you determine what the deadline means for you, and start your case before time runs out.
How Long Is the Personal Injury Statute of Limitations in Ohio?
Under Ohio Revised Code § 2305.10, Ohio’s personal injury statute of limitations is two years. The countdown begins on the date the injury occurs. That means you must file a personal injury claim within two years of your injury or accident.
What Types of Cases Does the Statute of Limitations Most Commonly Cover?
Ohio’s statute of limitations for personal injury covers the majority of cases involving bodily harm resulting from someone else’s negligence. Personal injury claims with a two-year filing deadline often include motor vehicle accidents, such as car accidents, motorcycle accidents, truck accidents, and pedestrian accidents. They also include slip and fall accidents, dog bites, and product liability cases involving defective or dangerous products.
Are There Personal Injury Statutes of Limitations in Ohio for Specific Cases?
Ohio has different statutes of limitations governing other types of cases, including intentional torts, medical malpractice, and wrongful death.
Intentional Torts
Ohio Revised Code § 2305.111 provides the statute of limitations for intentional wrongful acts, such as assault or battery. Civil claims for assault and battery have a one-year filing deadline under this law.
However, the law provides an extended deadline for cases involving childhood sexual abuse. Victims of childhood sexual abuse have 12 years from the date the victim turns the age of majority, which is usually 18 years old. That means most victims of childhood sexual abuse can file a personal injury claim until their 30th birthday.
Medical Malpractice
Cases involving a health care provider’s negligence or misconduct have a one-year statute of limitations under Ohio Revised Code § 2305.113. This deadline covers malpractice cases involving medical, dental, optometric, or chiropractic treatment.
Wrongful Death
If you have lost a loved one due to someone else’s negligence, you may be entitled to pursue a wrongful death case. Ohio Revised Code § 2125.02 establishes a two-year statute of limitations for wrongful death claims. Under this law, you must file a wrongful death claim within two years of the victim’s death.
What Happens if You Miss the Statute of Limitations?
If you miss the deadline for filing a personal injury claim, the court will likely dismiss the case, and you will lose your chance to recover compensation for your damages.
Are There Any Exceptions to the Deadline?
There are some exceptions to Ohio’s statute of limitations for personal injury that could buy you more time to file a claim.
Discovery Rule
One of the most common exceptions is the discovery rule, which applies to cases where the injury or its cause is not immediately apparent. The statute of limitations for these cases begins to run when you discover or should have reasonably discovered the injury.
For instance, if you were exposed to a toxic substance and did not develop symptoms of exposure-related illness until years later, the statute of limitations would likely begin on the diagnosis date rather than the date of exposure.
Cases Involving Minors or Mentally Unsound Victims
Under Ohio Revised Code § 2305.16, the statute of limitations applies differently for victims under 18. If you were a minor at the time of the incident, the countdown begins when you turn 18. So, if you were injured in a car accident at age 16, you would have until your 20th birthday to file a personal injury claim.
A similar concept applies when the victim is mentally unsound at the time of the incident. In those cases, the statute of limitations does not apply until a court declares the victim mentally competent.
Should I Hire a Lawyer for My Personal Injury Claim?
The law does not require you to hire a lawyer for a personal injury claim, but it’s likely in your best interest to do so. These cases often involve powerful corporations and insurance companies that will do everything in their power to minimize your compensation. A skilled attorney can level the playing field and greatly improve your odds of receiving fair compensation.
Our attorneys will handle every detail of your case, from investigation and evidence gathering to negotiation, allowing you to focus on your recovery. We know how much you’re dealing with in your injury’s aftermath, so we’ll make things easy for you by meeting wherever is most convenient, such as your home or hospital room. The consultation is free, and you’ll pay nothing unless and until we win your case.
Contact Gervelis Law Firm Today
If you believe you may have grounds for a personal injury claim, the time to start taking action is now. Gervelis Law Firm is ready to develop the strongest case possible and advocate for the compensation you deserve.
We can help you understand how the statute of limitations for Ohio personal injury cases applies to your situation and work diligently to meet the deadline.
Contact us today at 866-622-4096 for a free consultation.
