Ohio’s Statutes of Limitation for Personal Injury Claims
Understanding Ohio's statutes of limitation for personal injury claims is crucial for anyone seeking compensation after an accident or injury. These laws determine the maximum time period one has to file a lawsuit, and missing this deadline can result in losing the right to seek damages.
In Ohio, the general statute of limitations for personal injury claims is two years. According to Ohio Revised Code Section 2305.10, this means that victims have two years from the date of the injury to file a lawsuit. This applies to various types of personal injury cases, including car accidents, slip and falls, and medical malpractice.
It’s important to note that the clock starts ticking at the time of the incident. For instance, if someone is injured in a car accident on June 1, 2023, they must file their claim by June 1, 2025. If they fail to do so, they may be barred from recovering any compensation for their injuries.
However, certain circumstances can affect the statute of limitations. For example, if the injured party is a minor (under the age of 18), the statute of limitations may be extended. In such cases, the time limit does not begin until the minor reaches the age of majority. This ensures that young victims can still seek justice once they come of age.
In some situations, the statute of limitations can also be paused or "tolled." This can happen if the injured party is incapacitated, significantly delaying their ability to file a claim. Additionally, if the at-fault party leaves Ohio or cannot be located, the statute may be extended until the party can be served.
It’s essential for victims of personal injury to consult with an experienced attorney as soon as possible. An attorney can provide guidance on the applicable statutes of limitation, help ensure that all necessary paperwork is filed within the deadline, and offer strategies to gather the necessary evidence to build a strong case.
In summary, Ohio residents must be aware of the two-year statute of limitations for personal injury claims, with specific exceptions for minors and certain circumstances that may toll this timeframe. Taking prompt action is key in securing the right to compensation for injuries sustained due to another’s negligence.