If you have been hurt or injured in Ohio due to the negligence of another party, the law allows you to sue that party for your damages. These damages include present and future medical expenses, lost wages, as well as pain and suffering. Of course, your right to sue does not last forever.
A legal rule commonly known as “statute of limitations” dictates that any lawsuit arising from an injury or accident must be filed in the civil court system within a certain period of time. This period of time begins on the day the claim arises—usually the day the accident occurred. Note that these deadlines do not only vary according to state, but also depend on the type of personal injury claim being filed. Depending on the state, the specific limit for personal injury actions can range from one year to up to several years.
In most cases, the statute of limitations for personal injury cases in Ohio allows an injured individual up to two years from the date the injury occurred to file a lawsuit against the negligent party. If a loved one dies due to the negligence of another party, then the decedent’s relatives may bring a wrongful death action. For wrongful death claims, the statute of limitations in Ohio is two years from the date of the loved one’s death.
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Medical malpractice and other actions in Ohio have a different statute of limitations. Any actions against a health care professional or provider must typically be filed within one year. If the injured victim is able to provide the defendant with a written notice of the claim within a year of the date of the injury, then the lawsuit may be filed within 180 days from the date the notice is given. The statute of limitations can be “tolled” while the patient physician relationship is ongoing, and also tolled until the injury is discussed.
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If you sustain injuries due to a defective product, you may opt to bring a product liability action. Respectfully speaking, product liability actions in Ohio must be filed within two years after the injured person suffers the injury, and in most scenarios, no more than 10 years from the date the product was first purchased or delivered.
There is also a special statute of limitations for minors. Except for wrongful death, the statute of limitations begins on the day the minor turns 18 years old.
It is important you abide by the set statute of limitations. Filing a lawsuit after the statute of limitations has already expired means that your legal claim will be barred. Ohio courts will likely decline to hear your case and you will lose your right to compensation.
If you have been seriously injured in Ohio and are wondering if it’s too late to file a personal injury lawsuit then call The Fitch Law Firm today at (855) LAW-OHIO for a free confidential initial case consultation.