Accidents can happen when you least expect them in Lorain—and when they do, you deserve strong legal support. Obral Silk & Pal Personal Injury Lawyers are dedicated to helping injury victims seek justice and fair compensation. Whether you’ve been hurt in a car crash, slip and fall, or another incident, we are ready to help. Call 216-529-9377 for a free consultation with a knowledgeable personal injury lawyer.
Our personal injury services include:
Time Limits for Filing a Personal Injury Case in Lorain
If you were hurt in an accident that wasn’t your fault, you may be thinking about filing a personal injury lawsuit. One of the most important legal rules to understand is how much time you have to take action. Every state sets deadlines for when lawsuits must be filed. These are known as statutes of limitations.
In Ohio, there are specific timeframes depending on the type of injury and situation. If you wait too long, you could lose the right to pursue compensation.
The general deadline for personal injury lawsuits in Ohio
In most personal injury cases, you have two years from the date of the injury to file a lawsuit in Ohio. This rule applies to a wide range of incidents, including:
- Car accidents
- Slip and fall accidents
- Truck accidents
- Motorcycle crashes
- Pedestrian injuries
- Dog bites
- Product liability claims
- Other injuries caused by negligence
The two-year countdown typically begins on the day the accident occurs. If you miss this deadline, the court will likely dismiss your case, no matter how strong the evidence is. Once your claim is barred, you won’t be able to recover damages for medical bills, lost wages, or pain and suffering.
What happens if you don’t file on time
Missing the deadline can have serious consequences. If you try to file a lawsuit after the statute of limitations has expired, the defendant will almost certainly ask the court to dismiss the case. Courts in Ohio enforce these time limits strictly. This means even if the facts are clearly in your favor, the court won’t allow the lawsuit to go forward if it’s filed too late.
Insurance companies are also aware of these rules. If they know your time to file is running out and no lawsuit has been filed, they may refuse to negotiate or offer a lower settlement.
When the clock starts ticking
In most situations, the statute of limitations starts on the date the injury occurs. For example, if you were hurt in a car crash on April 15, 2023, you would generally have until April 15, 2025, to file a personal injury lawsuit.
However, there are exceptions that can change when the time limit begins. This is where things can get complicated. Ohio law allows certain circumstances to pause or extend the deadline. These situations are rare but important to understand.
Possible exceptions that extend the time limit
There are a few scenarios in which the statute of limitations may be delayed or “tolled” in Ohio. Some examples include:
- Injured minors: If the injured person is under 18, the clock usually does not start running until they turn 18. After that, they have two years to file a lawsuit.
- Mental incapacity: If the person injured is mentally incompetent at the time of the accident, the statute of limitations may be paused until they are considered competent.
- Discovery of injury: In some cases, an injury may not be immediately known. For example, if someone develops a medical condition years after being exposed to a toxic substance, the clock may start when the injury is discovered or should have reasonably been discovered. This is more common in medical malpractice or product liability cases.
These exceptions are not automatic, and they usually require legal support to apply. It’s important to consult a lawyer early so they can determine if any of these exceptions might apply in your case.
Special rules for wrongful death cases
A wrongful death lawsuit is different from a standard personal injury claim. It involves the death of a person caused by another party’s negligence or misconduct. In Ohio, the statute of limitations for wrongful death is two years from the date of death, not the date of the accident.
So, if a person is injured in a crash and later passes away from their injuries, the two-year period starts from the date of death, not the date of the incident. This rule gives the deceased person’s family some time to grieve before beginning the legal process.
Medical malpractice and other exceptions
While most personal injury claims follow the two-year rule, medical malpractice cases in Ohio have their own set of deadlines. In general, a patient must file a lawsuit within one year of discovering the injury or when they reasonably should have discovered it. However, even if the injury isn’t discovered right away, there is an overall four-year deadline from the date the malpractice occurred.
Product liability claims also have their own deadlines depending on the details of the case. If you believe a defective product caused your injury, you should speak with a lawyer right away to clarify your options.
Taking Early Action Protects Your Rights
Waiting too long to act can put your case at risk. Evidence may disappear, witnesses may be harder to contact, and memories can fade. Starting the process early gives your legal team time to investigate the case, gather documentation, and build a strong argument.
Even if you’re not sure whether you want to file a lawsuit, speaking with a personal injury lawyer can help you understand your options. Many attorneys in Lorain offer free consultations and only get paid if they win your case. You don’t need to make a final decision right away, but understanding the deadline helps you make informed choices.
Why working with a lawyer makes a difference
Personal injury law can be complex, especially when exceptions and deadlines are involved. An experienced attorney can track the statute of limitations for you, gather evidence, handle paperwork, and communicate with the insurance company. This allows you to focus on recovering from your injuries while your legal team handles the details.
In many cases, claims are resolved through settlements without going to court. But if the insurance company refuses to offer fair compensation, your lawyer will be prepared to take the case to trial within the required timeframe.
The two-year deadline for filing a personal injury lawsuit in Ohio is strict and rarely flexible. If you were injured in Lorain and believe someone else was responsible, don’t wait too long to take action. Once the deadline passes, your right to pursue compensation may be lost for good.
Lorain Personal Injury Attorney Committed to Your Recovery
At Obral Silk & Pal Personal Injury Lawyers, we understand the impact a serious injury can have on your life in Lorain. A personal injury claim can help you recover the financial support you need to pay for medical treatment, make up for lost income, and move forward with your life. If you’re unsure about the time limits or have questions about your specific case, reach out to a trusted personal injury attorney in Lorain as soon as possible. Our experienced personal injury attorneys are here to stand by your side and fight for the compensation you’re entitled to. Contact us at 216-529-9377 for a free consultation and personalized legal guidance.