Personal Injury Statute of Limitations in OhioMay 08, 2020 Animal Attacks Car Accidents Ohio Personal Injury Slip and Fall Traumatic Brain Injury Truck Accidents Wrongful Death
Posted by: Kisling, Nestico & Redick, LLC
Every state restricts how long you have to file a personal injury lawsuit in court. This timeframe is the statute of limitations.
The statute of limitations in Ohio is very important because the longer you wait to file a claim, the greater potential there is to lose crucial evidence. Waiting too long could also result in the court refusing to hear your case.
If the outcome of a claim means getting medical care or compensation, it benefits you to file as soon as possible.
To learn more about the Ohio statute of limitations after an injury, contact the Ohio personal injury lawyers of Kisling, Nestico & Redick at 1-800-HURT-NOW . Initial consultations are free and there’s no cost up-front We only get paid when you recover compensation.
Ohio’s Personal Injury Statute of Limitations
Ohio Revised Code Section 2305.10 states that all lawsuits based on bodily injury, product liability, or damaged personal property must be brought within two years from the date the cause of action accrues.
What’s a Cause of Action
A cause of action is your legal claim. It is the problem that gives you a valid reason to file a lawsuit.
The date your cause of action accrues is the day you were injured and that you knew or reasonably should have known you had a right to seek compensation. This date is almost always the day of the accident that resulted in your injuries. This includes car accidents, truck crashes, dog bites, medical malpractice, or slip and falls.
What if I’m Unarare of My Injuries
Some situations may extend claim eligibility. This typically happens when the injuries or harm was not immediately obvious or visible.
You may not have known you were significantly injured for days or weeks following an accident because you had no symptoms or reasonably attributed signs to another issue. A common example is when someone suffered a brain injury, but was unaware of its severity until later.
Ohio law recognizes circumstances in which you do not know you are injured or that you have a right to file a lawsuit. For instance, you may not immediately know you’re injured if you suffered exposure to:
- toxic or hazardous chemicals, ethical drugs, or ethical medical devices,
- chromium or its chemical forms,
- chemical defoliants, herbicides, or other causative agents and you are a veteran,
- diethylstilbestrol or other nonsteroidal synthetic estrogens, including exposure before birth, or
In these situations, your cause of action starts when you are informed of your injury or the date you reasonably should have known, whichever comes first.
Tolling the Statute of Limitations
Ohio law also recognizes times when it is fair to delay the start of the clock for a person’s right to file a lawsuit. Delaying the time limit is known as “tolling”.
Ohio Revised Code Section 2305.16 allows the statute of limitations to be tolled when you are a minor or deemed mentally incompetent. In these cases, the clock started when you turn 18 or determined mentally fit.
What If I Can’t Find Who’s At-Fault
Ohio personal injury law also allows for tolling based on the alleged at-fault party’s absence, concealment, or imprisonment.
Therefore, if you have a cause of action against someone out of state, who fled, or is hiding, then the statute of limitations does not start until they return or found. Also, the time someone spends in prison does not count against your clock.
Have a Claim or Questions? Contact KNR
If you were injured and someone else is responsible, then Ohio’s personal injury statute of limitations is straight forward. You have two years from the date of this accident to file a lawsuit based on your injuries.
However, not every situation is so clear-cut. You may have longer or less time than you may think. No matter what your situation, it’s best to know what to expect and how you can recover the compensation you need and deserve.
Reach out to an experienced and helpful Kisling, Nestico & Redick as soon as possible. The last thing you want is to find out you are running up against a deadline or have you passed it.
Call us today at 1-800-HURT-NOW to schedule a free consultation and learn more about filing a personal injury claim.