When you suffer a personal injury due to someone else’s negligence in Ohio, you have the legal right to seek compensation for your injuries. However, the right to file a lawsuit does not last indefinitely. In Ohio, there is a deadline by which you must initiate legal action against the responsible party. This deadline is known as the statute of limitations, and it applies to all personal injury claims. In this article, we will discuss the statute of limitations for personal injury claims in Ohio.
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What is a Statute of Limitations?
A statute of limitations is a law that sets a deadline by which you must file a lawsuit in a civil court. Every state has its own statute of limitations for different types of cases. It is important to understand the statute of limitations for your particular case because if you miss the deadline, you will lose your right to sue.
The Statute of Limitations for Personal Injury Claims in Ohio
In Ohio, the statute of limitations for personal injury claims is two years from the date of the injury or accident. This means that you must file your lawsuit within two years of the date that you suffered your injury. If you do not file your lawsuit within this time frame, your case will be dismissed, and you will lose your right to seek compensation.
Exceptions to the Two-Year Rule
There are some exceptions to the two-year statute of limitations rule. For example, if you did not discover your injury until after the accident, the statute of limitations may be extended. This is known as the discovery rule. If the discovery rule applies to your case, the two-year statute of limitations will start from the date that you discovered your injury, rather than the date of the accident.
In cases involving minors, the statute of limitations is also extended. If the person injured in the accident is under the age of 18, the two-year statute of limitations does not begin until the minor turns 18 years old. This means that a minor has until their 20th birthday to file a lawsuit for a personal injury claim.
Finally, there may be other exceptions that apply to your case, depending on the circumstances. It is important to speak with an experienced personal injury attorney to understand how the statute of limitations applies to your case.
Why is the Statute of Limitations Important?
The statute of limitations is important for several reasons. First, it ensures that cases are resolved in a timely manner. If there were no statute of limitations, people could file lawsuits for injuries that happened years or even decades ago, which would make it difficult for defendants to defend themselves. Second, the statute of limitations encourages injured parties to take action quickly. If there were no deadline to file a lawsuit, many people would simply wait and hope that their injuries heal or that the responsible party offers a settlement.
Finally, the statute of limitations protects defendants. Once the statute of limitations has expired, the defendant is no longer legally responsible for the injury. This means that they cannot be sued, no matter how clear their responsibility may be.
Conclusion
If you have been injured due to someone else’s negligence in Ohio, it is important to be aware of the statute of limitations for personal injury claims. You have up to two years to file a lawsuit against the responsible party. However, there may be exceptions that apply to your case, so it is important to consult with an experienced personal injury attorney to ensure that you do not miss any deadlines.