In personal injury cases in Ohio, you have a limited time to file a lawsuit against the negligent parties to claim financial compensation. The state’s statute of limitations law sets strict deadlines for initiating personal injury claims, which vary based on the nature of the injury or damages.
Failing to file within these deadlines can prevent you from recovering damages, no matter how severe your injuries or clear the other party’s fault. For immediate personal injury assistance after an accident, reach out to a skilled Ohio personal injury attorney.
What Is a Statute of Limitations?
A statute of limitations is a law that restricts the amount of time a person has to bring a legal claim after suffering harm or injury. These laws are in place to ensure that evidence remains reliable and that defendants are not subject to indefinite threat of litigation. In personal injury cases, the statute of limitations typically starts ticking on the date the injury occurs—but some exceptions can delay this start date.
Ohio’s Statute of Limitations for Personal Injury Claims
Under Ohio Revised Code § 2305.10, the statute of limitations for personal injury lawsuits in Ohio is two years from the date of the injury. This includes most cases involving bodily harm due to car accidents, slip and fall incidents, defective products, and other types of personal injuries.
In Ohio, the two-year statute of limitations generally applies to a range of personal injury cases, including:
- Motor Vehicle Accidents: Including car, motorcycle, truck, and bicycle accidents
- Premises Liability: Such as slip and falls, negligent security, and other injuries on someone else’s property
- Product Liability: Injuries resulting from defective products, such as appliances, electronics, or pharmaceuticals
- Wrongful Death: Ohio has specific statutes related to wrongful death claims
Important Exceptions to Ohio’s Personal Injury Statute of Limitations
While Ohio’s personal injury statute of limitations is generally two years, some exceptions and circumstances could alter this timeframe.
Statute of Limitations for Minors
Ohio law allows for an extended filing period for minors injured in personal injury accidents. If the injured party is under the age of 18 at the time of the accident, the statute of limitations doesn’t begin until the minor reaches 18. Minors generally have until their 20th birthday to file a personal injury lawsuit. This extension allows younger victims time to reach adulthood before deciding to pursue legal action.
Wrongful Death Statute of Limitations
In Ohio, wrongful death claims are governed by Ohio Revised Code § 2125.02, which provides a two-year statute of limitations from the date of death. This time frame applies regardless of when the underlying injury or negligence occurred. Wrongful death claims are usually brought by close family members of the deceased and may allow for recovery of damages related to loss of companionship, financial support, and funeral expenses.
Government-Related Personal Injury Claims
Personal injury claims against government entities in Ohio also have a two-year statute of limitations. However, if you are suing a government entity, such as a city or county, you may need to first file a “Notice of Claim” with the Ohio Court of Claims, which has a much shorter time limit.
This rule applies to claims involving city buses, government-maintained roads, and other government operations. Missing this deadline could bar you from recovering damages from the government.
Statute of Limitations for Medical Malpractice Cases
In Ohio, the timeframe for filing a medical malpractice lawsuit is limited by law in two important ways, as outlined in O.R.C. § 2305.113, with some exceptions:
- Statute of Limitations: You generally have one year from the date of the injury—or from when the injury was discovered—to file your claim.
- Statute of Repose: Regardless of when the injury is discovered, there is a strict deadline of four years from the date the malpractice occurred to file a lawsuit.
If the deadline under either the statute of limitations or the statute of repose has passed, the plaintiff loses the legal right to file a lawsuit.
Tolling Due to Incapacity or Fraud
In cases where the injured person is mentally incapacitated or the liable party intentionally conceals wrongdoing, Ohio’s statute of limitations may be tolled. For example, if a person suffers an injury and becomes incapacitated as a result, the statute of limitations may be suspended until they regain capacity.
Consequences of Missing the Filing Deadline
Failing to file within the statute of limitations usually results in the dismissal of the case, with few exceptions. Once the deadline passes, the court will likely refuse to hear the case, which means the injured party loses their opportunity to pursue compensation. For this reason, injury victims need to be aware of the statute of limitations and consult with an attorney as soon as possible.
FAQs About Ohio Statute of Limitations for Personal Injury Cases
Can the statute of limitations be extended if the injury is not immediately noticeable?
In certain cases involving injuries that are not immediately evident—like those from toxic exposure or medical malpractice—Ohio law follows the “discovery rule.” This rule can extend the statute of limitations, starting from the date the injury was reasonably discovered, rather than when the incident occurred.
Additionally, in some cases, Ohio law allows an injured person to extend the statute of limitation on a potential medical malpractice case for an additional 180 days while that person (or an attorney) investigates the case.
Does filing an insurance claim impact the statute of limitations?
Filing an insurance claim does not extend or pause the statute of limitations in Ohio. The clock for filing a lawsuit keeps ticking, even if you’re negotiating with an insurance company. Failing to file within the statutory period can result in losing your right to sue.
Is there any way to “pause” or “toll” the statute due to mental incompetency?
Ohio law tolls the statute of limitations for individuals who are legally incompetent due to mental incapacity. However, once the individual regains competency, the standard statute applies, giving them a set timeframe to pursue legal action.
Can the statute of limitations change if the at-fault party leaves Ohio?
Ohio law allows for the tolling of the statute of limitations if the defendant leaves the state or is otherwise unavailable. During the time the at-fault party is out of Ohio, the clock may pause, extending the time available to file a personal injury claim once the defendant returns to the state.
Why Early Legal Representation from Our Ohio Personal Injury Lawyers Matters
If you have been injured due to someone else’s negligence, securing legal representation as soon as possible will help ensure you receive the full compensation and support you need. Here’s how our Ohio personal injury lawyers at The Henry Law Firm will make a difference from day one.
Ensuring Proper Medical Attention
In the immediate aftermath of an accident, access to proper medical treatment is critical to both your well-being and your legal case. Our personal injury attorneys will help ensure timely, high-quality medical care for you, including essential diagnostic tests, referrals to specialists, and rehabilitation or physical therapy services suited to your specific injuries.
Our team coordinates with healthcare providers to ensure your injuries are thoroughly documented and treated, including any ongoing or future medical needs. We work to organize complete medical records that establish not only your physical injuries, but also the full extent of your pain and suffering, mental anguish, and other damages. These records are required to demonstrate the severity of your injuries and will serve as powerful evidence in negotiations or a trial to obtain compensation that truly reflects the impact on your life.
Shielding You from the Insurer’s Unfair Tactics
Insurance companies may use tactics that can delay, devalue, or even deny rightful claims, especially in cases where they sense an injured party may be vulnerable. From the moment we take your case, our experienced Ohio accident attorneys will protect you from unfair insurer tactics, including lowball settlement offers that fail to cover the true extent of your losses.
We handle all communications with the insurance adjusters, ensuring you’re not pressured into making recorded statements that could be used against you or rushed into premature settlements.
By managing settlement negotiations on your behalf, we create a buffer that allows you to focus on healing and well-being, free from the stress of constant insurer demands. Our goal is to prevent insurers from undermining your claim while working to achieve a fair settlement that accounts for your immediate and long-term needs.
Swift Investigation to Collect and Preserve Evidence
After an accident, insurance companies are quick to dispatch their own investigators to the scene, gathering details that can be used to their advantage. However, this does not mean they are looking to accept responsibility. We know that insurance carriers and their legal teams will work to frame the facts in ways that minimize their clients’ liability, even when evidence may clearly show negligence.
While victims are dealing with the immediate aftermath—including hospitalization or mourning the loss of a loved one—the defendant’s lawyers are working to shape a narrative that benefits their client. At The Henry Law Firm, we have seen cases where the at-fault party’s story is presented as the only account of events because the injured victims were unable to provide their own perspective at the scene. Without prompt evidence collection, this biased version of events can quickly become accepted as fact.
This is why you should contact The Henry Law Firm as early as possible. By launching an immediate investigation, we ensure that vital evidence does not disappear or become altered. Skid marks, impact points, vehicle damage, 911 recordings, and various types of video footage—such as dash cams, surveillance cameras, and even police body cams—can be critical to establishing the truth. Moreover, data from the involved vehicles’ onboard computers can reveal important details about speed, braking, engine throttle, and steering angle.
Many large insurance companies have “rapid response teams” that reach the crash site within hours to collect evidence and build a defense. In some cases, we have seen these teams arrive before the police even leave the accident site. By getting our team involved quickly, we can counter the defendant’s attempts to escape liability, and move fast to protect the integrity of the evidence, ensuring your side of the story is supported by facts.
Get Strong, Personalized Legal Representation from Our Ohio Accident Lawyers
The Henry Law Firm is dedicated to delivering exceptional client service and a results-driven approach to personal injury cases across Ohio. With a 5-star commitment and a results-driven team, we ensure clients are informed, supported, and valued from start to finish.
You will have direct access to your attorney and will receive proactive updates on case progress, so you are never left in the dark. If you are seeking personalized attention and powerful advocacy, reach out to The Henry Law Firm to receive client care that goes above and beyond. To schedule your free consultation, call us at (440) 337-0083 or contact us online.
