If you have suffered an injury, you are entitled to seek compensation for your losses. This usually involves filing a personal injury lawsuit against the responsible party or parties. However, you need to know that there are time limits – known as statutes of limitation – that govern when you can file a personal injury lawsuit in Ohio.
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The Statute of Limitations in Ohio
According to Ohio law, you need to file a personal injury lawsuit within a specific time period after the injury occurred. This time limit is known as the statute of limitations.
Ohio’s Statute of Limitations for Personal Injury
In Ohio, you have two years from the date of the injury to file a personal injury lawsuit. This means that if you wait more than two years, you may be unable to pursue legal action and receive compensation for your losses.
There are some exceptions to this general rule, which you should be aware of.
Exceptions to the Statute of Limitations
There are situations where the statute of limitations in Ohio may be extended or “tolled,” meaning that the clock is paused on the deadline for filing a personal injury lawsuit.
Here are some examples:
Medical Malpractice
If you have been injured due to medical malpractice, the statute of limitations in Ohio is one year from the time of the injury or the discovery of the injury (whichever occurs first) or four years from the time the malpractice occurred (whichever is earlier). However, you need to understand that this "discovery rule" only applies when the injury was not immediately apparent.
Minors
If the person who was injured is a minor, the statute of limitations in Ohio does not begin to run until they reach 18 years of age. However, the parents or legal guardians of the minor may choose to file the lawsuit on their behalf.
Defendant’s Absence
If the defendant leaves Ohio and remains out of state for a period of time, the statute of limitations may be extended for the same amount of time that the defendant is absent.
Fraudulent Concealment
If the defendant concealed information that would have allowed the plaintiff to discover their injury earlier, this may toll the statute of limitations until such information is revealed.
Importance of Filing in a Timely Manner
It is essential to understand the importance of filing a personal injury lawsuit within the statute of limitations. If you wait too long, you may lose your opportunity to recover compensation for your losses. This means that the defendant may not have to pay for medical bills, lost wages, pain and suffering, or other damages resulting from the injury.
Moreover, when you file a personal injury lawsuit early on, you are in a better position to gather evidence that can help prove your claim. This is because evidence, documents, and witnesses may be easier to locate when the incident is still fresh in people’s minds.
Conclusion
In Ohio, the statute of limitations for personal injury lawsuits is two years from the date of the injury. However, there are exceptions to this rule. If you have been injured and are considering filing a personal injury lawsuit, it is essential to seek advice from an experienced attorney as soon as possible. They can help you understand the statute of limitations, identify any exceptions that may apply in your case, and assist you in gathering evidence to support your claim.