In Ohio, the statute of limitations for most personal injury cases is two years from the date the injury occurred. This legal deadline applies to many types of claims, including those involving car accidents, slip and fall incidents, and dog bites.
If you fail to file a lawsuit within this time frame, you may permanently lose your right to seek compensation. Although there are limited exceptions, it’s important to speak with an experienced Ohio personal injury attorney to ensure your claim is filed correctly and on time.
Exceptions to Ohio's Personal Injury Statute of Limitations
In some cases, the statute of limitations may be paused or extended by law. Additionally, certain types of personal injury claims have different deadlines that do not follow the standard two-year period from the date of injury. Exceptions include:
- Minors: If the plaintiff is a minor, they have two years from their 18th birthday to bring a claim.
- The discovery rule: The Ohio Supreme Court has ruled that the statute of limitations does not begin running until a victim knew or should have reasonably known they were injured. This exception is generally raised in cases where harm doesn’t happen immediately, such as in some medical malpractice claims.
- Defendant’s absence: If the defendant leaves the state or conceals their identity, the statute of limitations doesn’t start until their return.
- Specific statutory exceptions: The Ohio legislature set different deadlines for specific claims. For example, the medical malpractice statute of limitations is one year. The wrongful death statute of limitations is two years, but it doesn’t begin running until the date of death, rather than the date of injury.
Exceptions to the statute of limitations are uncommon. Never assume that you know the legal deadline to file your claim without consulting a knowledgeable personal injury attorney.
What Happens if You Miss the Filing Deadline?
Missing the Ohio personal injury statute of limitations usually results in a judge dismissing the case. They must do this if you are late by even one day, regardless of how strong the evidence is. Once the statute expires, insurance companies lose their incentive to negotiate.
Speak with a lawyer well before your deadline approaches. Building a personal injury case with strong evidence and sound legal arguments takes time. Some cases require expert testimony, accident reconstructions, and other time-consuming efforts. The stronger your claim, the more likely it is that an insurance company will negotiate fairly to avoid a trial.
What Are Examples of Personal Injury Cases?
A personal injury happens when one person’s negligent or otherwise wrongful actions harm someone else. Types of cases our award-winning personal injury attorneys handle include:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Pedestrian and bicycle collisions
- Slip and falls
- Product liability
- Brain injuries
- Construction accidents
- Wrongful death
Learn more about the cases we handle and the questions potential clients often raise on our personal injury FAQs page.
What Damages Can I Recover in a Personal Injury Case in Ohio?
In an Ohio personal injury claim, you can pursue economic and non-economic compensatory damages. Economic damages compensate you for financial losses, such as medical bills, lost wages and future earnings, and property damage.
Non-economic damages address how your accident affected you emotionally, such as your pain and suffering, emotional distress, and loss of enjoyment of life. The state caps non-economic damages. Plaintiffs can recover the greater of $250,000 or three times their economic losses, up to $350,000. However, there is no cap if the plaintiff suffered catastrophic injuries.
In rare cases, an Ohio judge will allow you to pursue punitive damages, also called exemplary damages. You must prove through clear and convincing evidence that the defendant acted with aggravated or egregious fraud or malice, which includes intentional or extremely reckless behavior.
Every accident case is unique. Your damages depend on factors such as the severity of your injuries, the quality of your evidence, and available insurance coverage. Reach out to an accomplished Ohio personal injury lawyer to fully calculate your damages so you don’t miss out on potential compensation.
How an Experienced Ohio Personal Injury Lawyer Can Help
You don’t have to hire a lawyer for a personal injury claim, but our experienced attorneys can use their legal knowledge, experience in similar claims, and history of negotiating with insurance companies to help you fight for fair compensation. Some of the ways we assist clients include:
- Determining applicable laws and legal standards
- Gathering and preserving evidence
- Filing your claim within the personal injury statute of limitations in Ohio
- Calculating short- and long-term damages
- Handling communications with insurance companies
- Pursuing fair compensation through a settlement
- Going to court if necessary
You, your neighbors, and local businesses have insurance so accident victims can collect fair compensation when they’re hurt. Most personal injury cases focus on collecting from insurance companies, not from individuals. You and your family don’t have to face these companies and their legal teams alone.
Learn your rights and how to pursue much-needed and deserved compensation by calling our team at 513-951-6723 in Ohio or 859-251-3045 in Kentucky, or completing our contact form.
Choose Lawrence & Associates Accident and Injury Lawyers, LLC, To Assist You With Your Personal Injury Claim
We understand the challenges you’re facing, and we’re here to protect your rights every step of the way. Our experienced Cincinnati and Northern Kentucky personal injury attorneys can guide you on what to do and what to avoid, so you don’t unintentionally harm your case or miss the deadline to file. Contact us today!
