If you suffered injuries in Ohio due to another party’s negligence, the law allows you to sue that party for your damages or losses. However, a legal rule known as the “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.
In Ohio, the statute of limitations for filing a personal injury lawsuit, regarding a car accident, is typically within two years from the date of injury, according to Ohio Revised Code Section 2305.10. However, there are exceptions based on the specific circumstances of your case. For example, the legal deadline may vary depending on the type of personal injury claim.
Types of Personal Injury Cases and Legal Deadlines to File a Lawsuit
As we mentioned, in most cases, the statute of limitations in Ohio allows you (the injured party) up to two years from the date the injury occurred to file a lawsuit against the negligent party. It’s critical not to miss the legal window of opportunity to file your lawsuit, or you may lose your chance to pursue compensation.
If a loved one died due to the negligence of another party, then the decedent’s relatives may bring a wrongful death action. For wrongful death cases, the statute of limitations in Ohio is two years from the date of the loved one’s death per Ohio Revised Code Section 2125.02.
Compensatory damages you and your family could receive in a wrongful death claim include:
- Loss of the decedent’s income
- Medical expenses prior to their untimely death
- Loss of society, companionship, and counsel
- Loss of services (e.g., household duties, childcare, etc.)
Please accept our deepest condolences if you lost a loved one due to someone else’s negligent or reckless actions. Our team is here to analyze your case, prove liability, and pursue the compensation you deserve on your loved one’s behalf.
Medical malpractice cases have a different statute of limitations in Ohio. Typically, you must file an action against a health care professional or provider within one year from the date of error or injury, per Ohio Revised Code Section 2305.113.
If you can provide the defendant with written notice of the claim within a year of the injury, then you can file that lawsuit within 180 days of that date.
In addition, the statute of limitations can be “tolled” or delayed while the patient-physician relationship is ongoing or until the injury is discovered. Either way, the case cannot be filed after four years, per the statute, unless the injured party is a minor. This statute is complicated. Consult an attorney before making any decisions regarding this statute.
If you sustain injuries due to a defective or faulty product, you may opt to bring a product liability action. You must file a product liability action in Ohio within two years from the date you or a loved one suffered the injury—or from the time you should have reasonably known you were injured.
There is a special statute of limitations for minors. The statute of limitations begins on the day the minor turns 18 years old.
In Ohio, you have two years to file a lawsuit against a property owner, builder, manager, or engineer if you were injured due to a safety hazard or danger on their premises.
In general, your attorney must prove the dwelling’s owner knew about the dangerous situation and/or had a reasonable amount of time to notice and correct it, but failed to do so. As a result, you were injured, and the other party is responsible for your damages.
What Our Lawyer Can Do For You in Your Ohio Personal Injury Case
When you get started with the case early on, your lawyer has more time to build a strong case and fight for your right to compensation before the statute expires. When you hire our firm, we will do the following for you:
- Investigate the details of your case
- Collect evidence to support the case (e.g., the police report, your medical records, any photographs from the accident scene or your injuries, any surveillance video of the scene, eyewitness statements, expert witnesses)
- Place a value on all of your damages
- Negotiate with the other side’s insurance company
- Fight for a fair settlement
- Take your case to trial if the other side refuses to settle
- Keep you updated on the progress of your case
A lawyer from our firm who handles personal injury cases in Columbus, OH, will also ensure all of your paperwork is filed on time in the proper court. We handle all aspects of your case from start to finish so you can focus on healing.
Call the Fitch Law Firm LLC Today
It is important to abide by the set statute of limitations when seeking compensation from another party. Filing a lawsuit after the deadline expires means that your legal claim will be barred, and you will lose your right to seek compensation – but this does not have to happen.
If you suffered injuries due to negligence, our team will fight to protect your rights. Call the Fitch Law Firm LLC today at (614) 545-3930 for a free, confidential case review. A team member is standing by to listen to your account of the case and explain the next steps in your legal journey.