When you’re hurt in an accident, recovering from your injuries is your first priority. But if someone else’s negligence caused your injuries, you may also have the right to pursue compensation for medical bills, lost wages, and pain and suffering.
One of the most important things you need to know before filing a personal injury claim is that you don’t have unlimited time. In Ohio, strict deadlines called statutes of limitations control how long you have to take legal action. Missing the deadline, even by a single day, can permanently prevent you from recovering compensation.
At Kisling, Nestico & Redick (KNR), our Ohio personal injury lawyers are here to make sure that doesn’t happen. Below, we’ll explain how the statute of limitations works, when the clock starts ticking, exceptions that might apply, and why you should act quickly to protect your rights.
To learn more about personal injury lawsuits and trials, contact us at 1-800-HURT-NOW.
A statute of limitations is a legal deadline that sets the maximum time you have to file a lawsuit. Once that deadline passes, you lose your right to bring your case to court, no matter how strong your evidence is.
Under Ohio Revised Code § 2305.10, most personal injury claims must be filed within two years of the date your cause of action arises. This rule applies to many types of injury cases, including:
For many personal injury cases, the statute of limitations begins on the date of the accident. If you were injured in a car crash on June 1, 2023, you would generally have until June 1, 2025, to file your lawsuit.
However, not all injuries are immediately obvious. Ohio law recognizes this and allows for different starting points in certain circumstances:
Discovery of injury – If you didn’t know you were injured right away, the clock may start on the date you discovered (or reasonably should have discovered) your injury. This is often called the “discovery rule.” For example, if a medical mistake caused complications that only became clear months later, the statute might begin when you received a diagnosis.
Minors – If the injured person was under 18 at the time of the accident, the statute of limitations usually doesn’t begin until they turn 18. That means they may have until their 20th birthday to file a claim.
Wrongful death – For wrongful death claims, the statute of limitations is two years from the date of death, not necessarily the date of the accident that caused it.
Medical malpractice – Medical malpractice cases often have more specific rules. In Ohio, the general deadline is one year from when the patient discovered or should have discovered the malpractice, with some exceptions and maximum time limits.
In rare cases, Ohio law allows the statute of limitations to be paused, or “tolled.” Tolling can happen when:
These situations are complex and fact-specific. If you think tolling might apply in your case, it’s essential to consult with an experienced attorney right away.
The statute of limitations isn’t just a technicality—it’s one of the most important factors in your case. Here’s why:
Acting quickly helps preserve evidence, strengthens your claim, and ensures you have legal leverage if settlement talks stall.
Not directly. The statute of limitations applies to lawsuits filed in court, not insurance claims. However, insurers are more likely to negotiate fairly if they know you still have time to file suit. Once the deadline passes, they have little incentive to offer compensation.
If you miss the statute of limitations, your case will almost certainly be dismissed, and you won’t be able to recover damages. That’s why it’s critical to speak with an attorney well before the deadline approaches.
Yes. While most personal injury cases follow the two-year rule, some types—like medical malpractice and claims against government entities—have shorter or more complex timelines. Always confirm the exact deadline with an attorney.
Technically, yes, but it’s very unlikely. Once the statute has expired, the defendant and their insurance company have no legal reason to settle, since you can no longer sue.
If you’ve been injured in Ohio, here are a few important steps to protect your claim and avoid running out of time:
Get medical attention immediately. Prompt care documents your injuries and links them to the accident.
Report the accident. Whether it’s a car crash, workplace injury, or slip and fall, official reports strengthen your case.
Preserve evidence. Save photos, receipts, correspondence, and anything else related to your accident.
Contact an attorney early. A personal injury lawyer can calculate your filing deadline, gather evidence, and file suit before the statute expires.
The statute of limitations in Ohio personal injury cases is strict, and waiting too long could cost you your chance at compensation. At Kisling, Nestico & Redick, our attorneys have decades of experience representing injury victims across Ohio. We’ll evaluate your case, explain the deadlines that apply, and fight for the maximum compensation you deserve.
Call 1-800-HURT-NOW today for a free consultation. Don’t wait until it’s too late—let KNR protect your rights.
