What is the Statute of Limitations for Personal Injury in Ohio?

Statute of Limitations for Personal Injury in Ohio

The clock starts ticking the moment you suffer an injury in an accident. There’s a strict cutoff—a “statute of limitations”—for how long you have to pursue compensation in Ohio. Miss that deadline, and your options vanish.

In Ohio, this statute of limitations is two years from the date of the injury—during this two-year period, you may require lengthy medical treatment.

When you’re focused on healing, legal deadlines feel abstract and far off. But as personal injury attorneys, we can tell you from experience that if you’re not careful, they can sneak up on you.

Here’s what you need to know about the personal injury statute of limitations in Ohio and how it affects your injury claim.

What Does the Statute of Limitations Mean?

In the state of Ohio, the statute of limitations for personal injury cases stands at two years. This means that a victim has exactly two years from the date of the injury or from the date when the injury was discovered (or should have been discovered) to file a personal injury lawsuit against the party responsible for causing the harm.

Failing to file a lawsuit within this two-year window typically means that the court will refuse to hear the case at all, barring some exceptions. These exceptions might apply if the victim was a minor at the time of the injury or mentally incapacitated in such a way that they could not legally file a lawsuit.

Ohio Personal Injury Statute of Limitation Laws

Section 2305.10 of the Ohio Revised Code governs the statute of limitations for personal injury cases. The statute says:

(A) Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.

This time limit applies to most personal injury cases, including:

However, the statute goes on to outline exceptions for cases involving sex abuse victims, toxin exposure, certain types of injuries, and product liability claims.

Trying to figure all this out on your own can be super confusing and overwhelming. Having an experienced Ohio personal injury attorney guide you can make all the difference in your case.

An attorney, well-versed in Ohio law, can interpret the language of Section 2305.10, apply it to your case, and help determine the exact date when your cause of action accrued. This date is crucial as it sets the countdown for your two-year filing period.

Statute of Limitations for Medical Malpractice Claims

If the injury is a result of medical negligence, the statute of limitations is only one year under Section 2305.113. These laws have their own set of exceptions and should be discussed with an attorney. Notably, there is a Statute of Repose that may extend the Statute of Limitations in these cases up to 4 years after the injury occurred. Again, there are exceptions.

Statute of Limitations for Wrongful Death Claims

In wrongful death claims, the two-year limit commences from the date of death, not the date of injury that led to the death.

Exceptions to the Personal Injury Statute of Limitations in Ohio

Ohio law allows exceptions to the statute of limitations in certain cases.

Let’s examine each of these in detail:

  • Minor Children— Minor children generally have two years from the date that they reach the age of majority to file a lawsuit for negligence.
  • Unsound Mind — The law offers leeway for individuals declared of unsound mind. The countdown for the two-year limitation doesn’t begin until the disability is removed.

Our personal injury attorneys at The Jones Firm play a critical role in understanding these nuances. We assist in identifying whether any of these exceptions apply to your case and promptly filing claims to ensure your case isn’t derailed by statute of limitations issues.

Don’t Lose Your Chance to Recover Damages – Call Our Legal Team

Consulting an attorney is key to not missing your window to recover damages. Our legal team offers both compassion and experience during this challenging period.

If you or a loved one suffered an injury, contact us immediately with any questions you have. We can assess your situation and start building your strongest case right away while the evidence is still fresh. An initial call or meeting costs nothing.

Let our lawyers handle the leg work so you can focus on healing, knowing your rights are protected. Don’t lose out simply because a strict filing deadline passes. Call our office today so we can help guide you through this process, step-by-step. Timeliness is critical, so make that call now.

Author Bio

Geoff Jones is the CEO and Managing Partner of The Jones Firm, a personal injury law firm in Columbus, Ohio. With years of experience in personal injury law, he has zealously represented clients in a wide range of legal matters, including car accidents, medical malpractice, slip and falls, wrongful death, and other cases.

Geoff received his Juris Doctor from the Ohio State University Moritz College of Law and is a member of the Columbus Bar Association. He has received numerous accolades for his work, including being selected to Super Lawyers Rising Stars for 2022-2023.

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