The last thing anyone wants to experience is having their lawsuit thrown out of court because they took too long to file a personal injury claim.
Considering how much money victims may have already spent on medical expenses, damaged property, and lawyers' fees, this is a situation that needs to be avoided at all costs.
However, this happens more often than people realize. Ohio, like all other states in the US, has a statute of limitations that needs to be considered when filing a personal injury lawsuit.
Under Ohio Law, missing the filing deadline will usually result in the claim being dismissed and the victims forfeiting any compensation they were entitled to.
A competent Ohio personal injury attorney will not let such a mistake happen on their watch!
While there is a lot that needs to be done when preparing for personal injury claims, the state of Ohio provides enough time to get things done.
For advice on paying medical bills after your personal injury in Ohio or victims of personal injury seeking fair compensation for the injuries they have suffered need to call Schuerger Shunnarah Trial Attorneys right now if they want to get things done the right way.
What Is an Ohio Personal Injury Statute of Limitations?
A statute of limitations is the legal term for the grace period awarded to victims and their legal team to file a personal injury lawsuit against the at-fault party.
Once the statute of limitations expires, the lawsuit will no longer be heard in any court in the state.
There is a statute of limitations for each type of lawsuit. If victims hope to obtain compensation for their injuries and other damages, they have to be aware of which statute of limitations applies to their particular case. A good lawyer can help with this.
The Process for Personal Injury Lawsuits in Ohio
Why do people end up missing the deadline for filing their personal injury claim? Well, usually, it is because they underestimate the work that needs to be done before they can walk out of court with a huge settlement in their pocket.
In Ohio, a personal injury case usually unfolds as follows:
The victims are either not offered a settlement or refuse the one that is on the table because it is too low
A personal injury attorney is hired to begin the process of launching a lawsuit before the filing deadline
The attorney helps the victims to decide on trial by jury or judge
Filing of the lawsuit into the court system is completed
The victims are responsible for serving the defendant with the complaint and summons
The lawyers begin the discovery phase of the trial whereby they gather evidence
Pre-trial conferences are held to discuss the case
The personal injury lawsuit begins
Statute of Limitations for Personal Injury Claims
Generally, the Ohio personal injury statute of limitations is two years from the date that the injury occurred.
However, the statute of limitations can vary depending on the specific Ohio personal injury claim being handled.
The following are the statute of limitations that Ohio residents need to be aware of:
General Personal Injury Lawsuit
Most accidents, such as car crashes or falling accidents, have a statute of limitations of two years from the date of the accident. The specifics of this Ohio statute can be found under Ohio Revised Code § 2305.10 (A).
An exception applies to various situations, such as exposure to dangerous chemicals, which will be covered shortly. Schuerger Shunnarah Trial Attorneys can answer questions like, "What is the average personal injury settlement in Ohio?"
Medical Malpractice
A medical malpractice claim is allowed only one year before the filing deadline. This means victims have 12 months from the date the injury was (or should have been) discovered or the date the doctor/patient relationship ended.
It is also called a statute of repose because victims cannot file the claim four years from the date of the injury.
Personal Injury Claim Filed by a Minor or Person of Unsound Mind
In the case of a minor or person with a mental disability, the two years for filing personal injury claims only commences on the date the minor turns 18 or when the legal disability designation is removed by a competent medical authority.
Premises Liability
The statute of limitations for premises liability claims is also two years from the date of the injury.
However, the statute of repose for these lawsuits is 10 years from the date the improvement to the property occurs.
The two-year statute of limitations also applies from the date the defective or unsafe condition was discovered, as long as it is two years before the repose expires.
Product Liability
Any cases dealing with product liability claims are given a statute of limitations of two years, just like an ordinary personal injury claim, with the only difference being the 10-year repose.
Wrongful Death Claim
Under Ohio Rev. Code § 2125.02(D), if a loved one loses their life due to someone else's negligence, their family members have two years to file a wrongful death claim with an Ohio court.
Exceptions to the Ohio Personal Injury Statute of Limitations
Besides these personal injury statutes of limitations, Ohio residents also need to understand the following important exceptions that may grant them more than two years to file a personal injury claim:
Exposure to hazardous materials, medical devices, drugs, or toxic chemicals allows the statute of limitations to start on the day that the victim was made aware of the exposure, for example, after seeking medical treatment long after the exposure
The absence of the at-fault party may make it impossible for the victim to locate the defendant and issue them with the summons, in which case the statute of limitations will begin when the other party is located
Any time during which the defendant is hiding or living outside Ohio will not be counted as part of the statute of limitations
If the defendant is in prison, the statute of limitations will only begin on the date of their release
Schuerger Shunnarah Personal Injury Attorneys Will Go to War for Their Clients!
With the right Cincinnati personal injury lawyers on their side, victims will never have to worry about missing the filing deadline for personal injury claims.
Victims looking for a competent lawyer with an in-depth understanding of Ohio Law need to look no further than Schuerger Shunnarah Trial Attorneys.