If you’ve been injured due to someone else’s negligence or wrongdoing, it’s important to understand that time is of the essence when it comes to filing a personal injury lawsuit. Each state has specific time limits, known as the statute of limitations, within which a legal action must be initiated. In this blog post, we will explore the statute of limitations for personal injury claims in Ohio, including exceptions and circumstances that may impact the filing deadline. Understanding these time constraints is crucial for protecting your rights and seeking the compensation you deserve.
The Statute of Limitations for Personal Injury Claims in Ohio
In Ohio, the statute of limitations for personal injury claims is generally two years from the date of the incident. This means that you have two years from the date of the injury to file a lawsuit in civil court. If the lawsuit is not filed within this timeframe, you may lose your right to pursue compensation for your injuries.
Exceptions and Circumstances That May Affect the Deadline
While the general statute of limitations for personal injury claims in Ohio is two years, there are exceptions and circumstances that may alter or extend the filing deadline. It’s crucial to be aware of these exceptions and consult with an attorney to understand how they apply to your specific case. Some of the common exceptions include:
- Discovery Rule: In some cases, the clock on the statute of limitations may start ticking from the date the injury was discovered or should have reasonably been discovered. This rule may apply to injuries or conditions that are not immediately apparent, such as those caused by exposure to toxic substances.
- Minors: If the injured person is a minor (under 18 years old) at the time of the incident, the statute of limitations may be extended. Generally, the two-year limitation begins when the individual turns 18.
- Governmental Entities: If your claim involves a government entity, such as a city or state agency, there are specific procedures and shorter timeframes to follow. It’s crucial to consult with an attorney promptly to ensure compliance with the necessary steps and deadlines.
- Medical Malpractice: Medical malpractice cases in Ohio have a separate statute of limitations. Generally, the deadline is one year from the date of the injury or one year from the date the injury was discovered (or should have been discovered) with reasonable diligence. There is also a maximum four-year limit from the date of the act or omission that caused the injury, regardless of when it was discovered.
Understanding the statute of limitations is vital when pursuing a personal injury claim in Ohio. Failing to file a lawsuit within the specified timeframe can result in losing your right to seek compensation for your injuries and losses. It’s crucial to consult with a knowledgeable personal injury attorney as soon as possible to ensure compliance with the statute of limitations and protect your rights. They can evaluate your case, gather necessary evidence, and file a lawsuit within the required timeframe. Remember, every case is unique, and exceptions to the statute of limitations may apply based on the circumstances of your injury. Seeking legal advice promptly can help you navigate the legal process effectively and increase your chances of obtaining fair compensation for your injuries.