What Is the “Statute Of Limitations” In A Personal Injury Lawsuit?
Almost all states have a period wherein you must file your lawsuit to obtain due compensation. It doesn’t usually matter if your injuries are caused by a slip and fall, car accident, product liability, or any other reason. If someone else’s actions caused your injury, you should consider filing a personal injury lawsuit to get the financial and medical help you’re entitled to.
However, there is a strict “time” in which you must file, or the Ohio courts will simply dismiss or not hear your case. This “statute of limitations” is strict and must be adhered to. If you miss this filing deadline, your right to compensation for your injuries will almost certainly be lost.
You might believe this shouldn’t happen, but accident cases all differ, and often, your injuries are not immediately apparent. Even a seemingly minor car accident, or slip and fall, can cause severe head or spinal injuries that may only manifest symptoms weeks or months after they occur.
With this fact in mind, even if you suspect your injuries are minor, obtain the medical help and diagnosis you need. Also, contact a local Dayton personal injury lawyer familiar with these cases and ensure all your “bases” are covered.
Does Ohio Have a “Statute of Limitations” on Personal Injury Lawsuits?
The simple answer is that Ohio has a Statute of Limitations on all personal injury lawsuits. This “time limit” in which you must file your lawsuit is detailed in the Ohio Legislature section 2305.10. It clearly states that any lawsuit seeking compensation or other legal remedies for your injuries must be filed within two years.
Also, you must note that this two-year “clock” starts ticking when your injury occurs.
Let’s say that another person’s careless, negligent, or intentional act caused you to be injured, and you wish to file a lawsuit for due compensation or any civil remedy. Then you and your professional personal injury lawyer have two years to get your initial documentation (or complaint) filed in the appropriate Ohio court.
Also, note that this 2-year “deadline” applies to practically types of personal injury lawsuits. Therefore, obtaining the proper medical diagnosis and documentation is vital to your possible lawsuit, regardless of how you were injured. Accordingly, it’s always a wise legal move to obtain a case evaluation as soon as possible with a Dayton or Cincinnati personal injury law team.
Your lawyer’s assistance in getting you and your family the compensation needed to recover and thrive will be invaluable.
What Will Happen If I Pass the Statute of Limitations in Ohio?
First, your knowledgeable personal injury lawyer will explain that Ohio’s statute of limitations is critical if you want to take any legal action against the person, company, etc., whose negligence caused your injuries.
Also, the statute of limitations and adherence to it are significant to your position in any personal injury settlement negotiations with the defendant and their insurance company.
If the opposing lawyer knows that your “two-year deadline” may have passed, all your leverage will evaporate, and you’ll likely end up with nothing.
Suppose two years have passed since your accident occurred (and your injuries were sustained), and you even attempt to file a personal injury lawsuit. In that case, the defendant’s lawyer will undoubtedly file a “motion to dismiss.”
Admittedly, rare exceptions may provide extra time to file, but then the entire legal process becomes significantly more difficult. So, if you allow this to occur, you will almost always lose your right to ask a court for any damages.
Also, this will occur no matter how severe your injuries might be or how evident the other person’s negligence is. The best way to avoid this horrific mistake is to consult with a qualified, aggressive, and winning Dayton personal injury lawyer as soon as possible. Your lawyer will ensure that all deadlines and other significant dates pertaining to your case are met on time.
What Are Some Exceptions To the Ohio Statute of Limitations?
There are some exceptions to the Ohio statute of limitations, but they are rare and precise. For example, the Ohio statute of limitations does have an exception for minors and persons with mental disabilities or “unsound mind.”
If a minor or mentally disabled person has an injury, they can file a lawsuit “after their disability is removed.” Let’s say your injury occurred at age 15; you still have two years after age 18 to file your personal injury lawsuit.
Also, the Ohio statute of limitations will not penalize you if you cannot file suit against a person because of their actions.
Again, let’s assume that the liable person is concealed, absent, or incarcerated. Then the statute of limitations does not run until the defendant is found or released from prison.
If the defendant runs a stop sign, hits you while walking, and flees town, that is not your fault. The statute of limitations, in this case, would begin once the person is found. The Ohio courts will not allow the person who caused your injuries to benefit by trying to evade responsibility for their actions.
Remember that these exceptions to Ohio’s’ statute of limitations code are rare, and it’s never in your best interests to depend on their validity. If you suspect any legal complications may affect this deadline, it’s mandatory to discuss the details with your professional and experienced personal injury lawyer as soon as possible. Don’t lose your rights to obtain the compensation you are entitled to.
I’ve Been Injured and Need More Statute of Limitations Information; What Should I Do?
You must note that anything pertaining to the Ohio statutes is complex, and time is never on your side. The most important item to remember is that you never want to take the chance of losing your rights to file and receive compensation. So, if you are injured, never wait to have your case evaluated by a professional, aggressive Dayton or Cincinnati personal injury lawyer.
Obtain the vital legal information you need as soon as possible, and allow your personal injury law team to map out a winning strategy for your case.
The professionals at the Attkisson Law Firm, LLC have a lengthy history of aggressively and successfully fighting for the rights of injured in Ohio.
Your medical expenses, recovery costs, lost wages, etc., won’t wait, so you shouldn’t either. Call them today at (937) 918 7555 and get the legal advice and professional guidance you need and deserve.