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Frequently Asked Questions

Personal Injury FAQs

In Ohio, the statute of limitations for personal injury lawsuits is generally two years from the date of the injury or accident. This deadline applies to most injury cases, including:

  • Car, truck, and motorcycle accidents
  • Slip and falls/premises liability
  • Other negligence-based claims, such as dog bites, bike and pedestrian accidents, and ride share accidents

If you do not file your lawsuit within this timeframe, Ohio courts will likely dismiss your case, permanently preventing you from seeking compensation. Exceptions exist in limited circumstances, but you should confirm your filing deadline with a personal injury attorney.

Exceptions can pause or extend the Ohio personal injury statute of limitations in specific situations. For example:

  • If the injured person is under 18, the statute does not begin until their 18th birthday.
  • The discovery rule applies in very limited circumstances when an injury is not apparent right away.
  • Claims against Ohio governmental entities may require a “notice of claim” that doesn’t shorten the general 2-year statute of limitations, but could require an additional, pre-lawsuit filing.
  • For medical malpractice claims, filing is required within one year of discovering the injury and a maximum of 4 years from the date of the negligent act/error that caused the injury.
  • The defendant in the lawsuit leaves the state or cannot be located.

These and other exceptions are often technical and fact-specific, making it crucial to discuss them with an Ohio personal injury attorney.

In most Ohio personal injury cases, the statute of limitations clock starts on the date of the accident or injury. This means you generally have two years to file your lawsuit from that specific day. However, while the 2-year rule applies to most injury cases, it is important to know whether any exceptions apply to your case, such as medical malpractice injuries or the discovery rule, and the exact filing deadline.

Missing Ohio’s personal injury statute of limitations has serious consequences: If you fail to file your lawsuit within the two-year deadline, your claim for money damages will likely be prohibited.

When that happens, you effectively lose your right to seek compensation, because the defendant no longer faces the risk of a lawsuit and has no legal obligation to honor your claim.

Filing a lawsuit doesn’t necessarily mean your case will go to trial. It could settle before then. But filing–or the threat of filing–gives you much more leverage to negotiate and is a key legal right that you forfeit by not filing on time.

You cannot refile a personal injury claim in Ohio on the basis that the statute of limitations expired. The purpose of this law is to provide a permanent deadline for legal action.

While Ohio’s “saving statute” allows some dismissed cases to be refiled, it does not apply if the case was thrown out for missing the two-year filing deadline.

Both a statute of limitations and a statute of repose set time limits for filing lawsuits in Ohio, but they operate differently:

  • A statute of limitations begins when a claim arises—typically at the time the injury happens or when it’s discovered.
  • A statute of repose sets an absolute deadline stemming from a specific event, regardless of when the injury is discovered.

For example, medical malpractice law has a one-year statute of limitations from discovery and a four-year statute of repose from when the negligent act/error that caused the injury happened. The repose deadline can cut off a claim entirely even if the injury is discovered later. The statute of repose is only applicable in certain types of cases so you should consult an attorney for applicability.

Ohio wrongful death lawsuits have a statute of limitations of two years, measured from the date of the person’s death.

This is a crucial distinction, as the timeline is tied to the death itself, not the date of the injury that causes the death.

The accident and injuries could have occurred weeks, months, or even years earlier. But until the victim dies from those injuries, the two-year time limit does not start running for a wrongful death lawsuit.

No. All Ohio personal injury claims are subject to strict filing deadlines.

Every type of injury lawsuit—including car accident, medical malpractice, and slip and fall lawsuits—is governed by either a statute of limitations or a statute of repose.

There are no personal injury claims in Ohio with an unlimited time to file. Two years is the general rule, with very few exceptions. It might even be sooner than two years, based on the details of your claim. A lawyer can tell you your claim’s actual filing deadline.

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