Frequently Asked Questions
Personal Injury FAQs
What is the statute of limitations for personal injury lawsuits in Ohio?
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.
What are the exceptions to Ohio’s two-year statute of limitations for personal injury claims?
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.
When does the statute of limitations clock start running after an accident in Ohio?
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.
What happens if you miss the deadline to file your personal injury claim?
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.
Can you refile a personal injury claim in Ohio if it was dismissed?
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.
What’s the difference between a statute of limitations and a statute of repose in Ohio?
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.
How does the statute of limitations apply to wrongful death claims in Ohio?
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.
Are there any types of personal injury claims in Ohio with no time limit for filing?
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.
Can the statute of limitations be extended or “tolled” in Ohio?
Yes. In very limited situations, the Ohio statute of limitations can be “tolled,” or paused. Instances where tolling may occur include:
- The injured person is under 18
- The at-fault party leaves the state
- The injured person has been declared mentally incompetent by a court
The statute of limitations might also be paused in response to extraordinary or unforeseen circumstances such as the COVID-19 pandemic, when courts temporarily closed.
Why should I consult an attorney about statute of limitations deadlines?
Even though the 2-year deadline applies in the vast majority of personal injury cases, the stakes of missing the deadline–being permanently barred from collecting compensation for your injuries, regardless of how severe they are or how egregious the defendant’s conduct–demand professional advice.
Ohio’s statute of limitations may seem straightforward, but nuances can complicate things. Exceptions like the discovery rule, tolling for minors, or statutes of repose in medical malpractice can make the timeline much more complex.
Legal guidance helps preserve your chance at full compensation. An attorney can:
- Confirm your exact deadline
- Make sure your claim is filed properly
- Protect you from losing your rights due to a missed filing date
Why are Ohio medical malpractice claim deadlines more complicated than other personal injury claims?
Medical malpractice claim deadlines are more complex in Ohio because they involve both a statute of limitations and a statute of repose.
- Generally, patients must file a claim within one year of discovering their injury.
- Ohio law also imposes a four-year statute of repose, starting from the date of the negligent act that gave rise to the injury, that applies no matter when the injury is discovered.
This dual system makes medical malpractice claims more challenging to navigate than other types of personal injury claims and missing either deadline can bar your claim entirely.
Does Ohio have a statute of repose for medical malpractice claims?
Yes. Ohio law sets a strict statute of repose for medical malpractice claims at four years from the date of the negligent act, like a surgical error, diagnosis error, or medication error, that caused the injury.
Even if you discover an injury later, you generally cannot file a lawsuit more than four years after the date of the medical error.
The statute of repose is stricter than the one-year discovery-based statute of limitations. Exceptions are rare, and it can bar some claims before they would otherwise be filed, which makes proactive legal advice a must in medical malpractice injury lawsuits.
How does the statute of limitations in Ohio work for minors?
Anyone under 18 in Ohio is considered a minor and lacks the legal capacity to sue in their own name. For minors, the state’s personal injury statute of limitations is tolled, or paused, until they reach legal adulthood on their 18th birthday.
As a result, many people who are injured as minors have until their 20th birthday to bring a personal injury lawsuit. This rule ensures that children are not deprived of their right to legal action simply because they could not file independently (i.e., without a parent or guardian filing on their behalf).
What if I did not realize I was injured right after my accident in Ohio–when does the clock start?
If you did not realize you were injured right away, this makes it much more important to contact an attorney to see if you are beyond your statutory deadline or if an exception applies to the specific facts in your injury case.
How does the statute of limitations in Ohio work if I’m filing a personal injury claim against a municipality or government entity?
Ohio has special rules that may apply to claims involving municipalities or state agencies, making them more complex and making it particularly important to consult an attorney if a government worker may be at fault for your injuries.
What is the statute of limitations for filing a car accident lawsuit in Ohio?
The statute of limitations for car accident lawsuits in Ohio is two years to file from the date of the crash. This deadline preserves your right to pursue compensation in court and applies both to:
- Personal injury claims
- Property damage claims related to the accident
However, some situations, such as claims involving minors, can cause the deadline to be longer than the standard two years. You may also have to comply with certain terms of your insurance policy. A lawyer can explain the car accident filing deadlines that apply in your case.
Can Ohio’s statute of limitations affect insurance settlement negotiations?
The statute of limitations in Ohio has a direct impact on insurance settlement negotiations.
Within this 2-year timeframe, filing a lawsuit–or at least having the ability to sue–gives the injured party leverage for insurance negotiations. But after the statute of limitations has passed, the insurance company’s incentive to settle effectively disappears (since they no longer face the risk of a lawsuit) and the injured party’s ability to recover compensation is also effectively gone.
As the deadline approaches, insurers may pressure you to accept a lower settlement, but if you are prepared to file a lawsuit before the statute of limitations expires, you strengthen your negotiating position.
Awareness and understanding of Ohio’s personal injury statute of limitations, along with assistance from Graham Law’s personal injury lawyers, can preserve your rights, maximize your leverage, and ensure that you are compensated in full for your injuries.
Why Should I Consult with an Attorney Before the Statute of Limitations Expires?
You should speak with an attorney well before your statute of limitations runs out because once the deadline passes, you can be permanently barred from bringing your claim.
An attorney can confirm your exact deadline, preserve critical evidence, and ensure your case is filed correctly and on time. Acting early protects your rights and gives you the best chance to recover compensation.
Do I still have a case if I was partly at fault for my Ohio accident?
Yes, you may. Ohio follows a modified comparative negligence system under Ohio Revised Code section 2315.33. You can generally recover compensation as long as your share of fault is not greater than 50 percent. However, any award may be reduced in proportion to your percentage of fault. A Zanesville personal injury attorney can review the facts and explain how shared fault might affect your claim.
What kinds of damages can I recover in an Ohio personal injury case?
Compensation in an Ohio personal injury case may include both economic damages (such as medical bills, lost wages, and future earning capacity) and non-economic damages (such as pain and suffering and loss of enjoyment of life). Ohio Revised Code section 2315.18 outlines how compensatory damages work and includes certain caps on non-economic damages, with exceptions for catastrophic injuries. Your specific damages depend on your injuries and circumstances, which you can discuss with a personal injury attorney.
What should I do if the insurance company calls me after my accident?
You are not required to give a detailed recorded statement to the at-fault party’s insurance company right away. Many people choose to:
Confirm basic information such as name and contact details.
Avoid speculating about fault or the full extent of their injuries.
Tell the adjuster they prefer to speak with an attorney before giving a detailed statement.
Insurance companies are focused on limiting what they pay, so it can be helpful to speak with a Zanesville personal injury attorney at Graham Law before engaging in detailed discussions with the insurer.
How much is my Ohio personal injury case worth?
There is no fixed “chart” that determines what an Ohio personal injury case is worth. Potential case value depends on factors such as:
The severity and permanence of your injuries.
The amount of medical care and future treatment you need.
Lost income and impact on your ability to work.
Pain, suffering, and changes to your daily life.
How clear liability is under Ohio negligence and comparative fault rules.
Our Zanesville personal injury attorneys can review your medical records, wage information, and other evidence to provide a more tailored assessment. We do not guarantee results, but we work to pursue the full compensation allowed under Ohio law.
Do I have to go to court for my Ohio personal injury claim?
Not always. Many personal injury claims settle outside the courtroom through negotiations with the insurance company. However, if the insurer will not make a fair offer, your attorney may recommend filing a lawsuit in an Ohio court and preparing for trial. The decision to settle or litigate is ultimately yours, and a Zanesville personal injury attorney at Graham Law can explain the pros and cons of each option based on your situation.
How long does it take to settle a personal injury case in Ohio?
There is no one-size-fits-all timeline. Some straightforward cases may resolve in several months, while more complex claims involving serious injuries, disputed liability, or multiple parties may take longer. The statute of limitations under Ohio Revised Code section 2305.10 limits how long you have to file a lawsuit, but negotiations and litigation can extend beyond that once a timely suit is filed. During your free case review, our Zanesville personal injury attorneys can discuss the factors that may affect the length of your case.
Do I really need to see a doctor if I feel “okay” after an accident?
Many people in Zanesville and Cambridge feel relatively “fine” after an accident, only to have pain or other symptoms develop days later. Seeing a doctor promptly can:
Help diagnose hidden injuries, such as concussions or soft-tissue damage.
Provide a treatment plan that may prevent your condition from getting worse.
Create medical records that connect your injuries to the accident date.
Prompt medical care is important for your health and for any future personal injury claim. If you later decide to speak with an Ohio personal injury attorney, those records will be an important part of your case.
When should I contact a Zanesville personal injury attorney after an accident?
Many people contact an attorney shortly after receiving initial medical care. Early contact can help:
Preserve evidence and witness information.
Protect you from common mistakes when speaking with insurers.
Ensure that important deadlines under Ohio law are not missed.
If you have been injured in or near Zanesville or Cambridge, you can reach Graham Law at (740) 454-8585
or request a free case review online. There is no obligation to hire us, and we can help you understand your options under Ohio personal injury law.
What information should I bring to my first meeting with a Zanesville personal injury attorney?
For a first meeting with an Ohio personal injury attorney, it is helpful to bring anything you have that relates to the accident and your injuries, even if you are not sure whether it will be important. Many people bring accident or incident reports, photographs from the scene, correspondence from insurance companies, and any health insurance or auto insurance information they have available. Medical records, discharge papers, prescriptions, and a list of providers you have seen are often useful as well, along with pay stubs or other proof of income if you have missed work.
If you do not have all of these items, you should not let that stop you from contacting a lawyer. During a free case review, a Zanesville personal injury attorney at Graham Law can explain what information will be most helpful and can often assist in obtaining key records once you decide to move forward.
Can I handle my Ohio personal injury case on my own?
Some people choose to handle relatively minor claims on their own, particularly when there are no significant injuries and only property damage is involved. However, when there are medical bills, ongoing treatment, time off work, or questions about how an injury might affect your future, the stakes are usually much higher. Insurance companies handle claims every day and often rely on Ohio’s negligence and comparative fault rules, including provisions such as Ohio Revised Code section 2315.33, to argue for a lower payment.
Having a Zanesville personal injury attorney review your case can help you understand the strengths and weaknesses of your claim, the types of compensation that may be available, and the risks of settling too quickly. There is no obligation to hire the firm after an initial consultation, and speaking with an attorney before you make decisions can help you feel more confident about how to move forward.
What type of cases does Graham Law Handle?
Graham Law represents individuals and families across Ohio in several core areas of law. Our attorneys help people with personal injury claims, Social Security Disability matters, workers’ compensation claims, criminal defense, and estate planning. If you are not sure which category your situation falls into, you can still contact us. During a free case review, we can talk through what happened and help you understand which type of case you may have and which attorney on our team is the best fit.
Do you only represent clients in Zanesville and Cambridge?
We have physical offices in Zanesville and Cambridge, Ohio, but our practice is not limited to those two cities. Graham Law serves people throughout Muskingum County, Southeastern Ohio, Central Ohio, and, in areas like Social Security Disability and certain workers’ compensation matters, our attorneys may be able to assist clients regardless of where they live in the state. Thanks to virtual meetings, phone conferences, and secure document sharing, many steps can be handled without requiring you to travel far from home.
What will happen during my first free case review?
Your initial case review with Graham Law is free of charge and there is no obligation to hire the firm. During this meeting, an attorney or team member will ask you to describe what has happened, whether it involves an injury, a criminal charge, a work-related problem, a disability claim, or an estate planning concern. We will review any documents you already have, such as letters from insurance companies, notices from the Social Security Administration, paperwork from the Ohio Bureau of Workers’ Compensation, or court documents. The goal is to answer your questions, outline possible next steps, and explain how our fee structure would work if you decide to move forward with us.
How do attorney fees work at Graham Law?
Attorney fees at Graham Law depend on the type of case. Many personal injury and some workers’ compensation and Social Security Disability matters are handled on a contingency fee basis, which typically means the fee is a percentage of the recovery and you do not pay an upfront attorney’s fee. Other matters, such as criminal defense or estate planning, may involve flat fees or hourly rates, depending on what is required. During your free case review, we explain the proposed fee arrangement in plain language so you know what to expect before you decide whether to hire us.
Can you help me if I already started a claim or received a denial?
Yes. Many people call our firm after they have already started the process on their own. You may have an initial denial from the Social Security Administration on a disability application, a decision from the Ohio Bureau of Workers’ Compensation on a work injury claim, or a settlement offer from an insurance company after an accident. Our attorneys regularly step in at these stages to review what has happened, identify what may be missing, and help with appeals, negotiations, or additional filings. Bringing your paperwork to a free case review can help us give you a clearer picture of your options.
Will my case go to court, or can it be resolved outside the courtroom?
Not every legal matter ends up in a courtroom. Many personal injury and workers’ compensation claims are resolved through negotiation, settlement, or administrative hearings. Many Social Security Disability cases are decided through written decisions and hearings with an administrative law judge rather than a traditional trial. In criminal defense matters, some cases resolve through plea negotiations, while others go to trial. Whether your case goes to court depends on the facts, the law, and your goals. Part of our role is to explain your options and the possible paths forward so you can make an informed choice.
How long has Graham Law been serving clients in Ohio?
Graham Law traces its roots in Southeastern Ohio back more than 100 years. The firm has grown and evolved over time, but it has remained focused on serving people in and around Zanesville and Cambridge with accessible, community-centered legal representation. That history means our attorneys are familiar with local courts, agencies, and procedures, and we bring that experience to each new case.
Why should I choose a local Zanesville or Cambridge law firm instead of a big-city firm?
Choosing a local firm like Graham Law means working with attorneys who live and work in the same communities as their clients. Our Zanesville personal injury attorneys and other practice area lawyers regularly appear in nearby courts, understand local procedures, and are familiar with regional medical providers, employers, and agencies such as the Ohio Bureau of Workers’ Compensation and Social Security field offices. We aim to offer the experience and resources people expect from a larger firm while remaining approachable and accessible to our neighbors.
How do I know if I need to hire an attorney?
It is very common to feel unsure about whether your situation is “serious enough” to call a lawyer. If you have questions about an injury, a criminal charge, a disability claim, a work-related problem, or your family’s planning needs, you are welcome to contact Graham Law and simply ask. You can call (740) 454-8585 or request a free case review.
During that conversation, we can talk through what has happened, explain whether legal help is likely to be useful, and, if appropriate, connect you with the right attorney at our firm. Even if we ultimately determine you do not need representation, the information you receive may help you feel more confident about your next steps.
Do I have a motorcycle accident case if I wasn’t wearing a helmet in Ohio?
You may still have a case even if you were not wearing a helmet. Lack of a helmet can be raised by the insurance company as a factor in your injuries, but it does not automatically prevent you from pursuing a claim. The key questions are who caused the crash and how your injuries were actually sustained. A Zanesville motorcycle accident attorney can review the facts and explain how helmet use may be addressed in negotiations or in court.
Can I recover compensation if the driver says they “didn’t see” my motorcycle?
“Yes, but I didn’t see you” is a very common explanation after motorcycle crashes. Drivers have a duty to keep a proper lookout and to check mirrors and blind spots before turning or changing lanes. If a driver failed to notice a clearly visible motorcycle, that may still be evidence of negligence. Our attorneys can review witness statements, scene photos, and traffic camera or dash cam footage to evaluate fault.
What if I was going a little over the speed limit when the crash happened?
Many riders worry that small mistakes will completely destroy their claim. In Ohio, comparative negligence rules may reduce your recovery if you are partly at fault, but they do not necessarily bar your claim unless you are more than 50 percent responsible. Even if speeding is alleged, the other driver’s conduct still matters. A Zanesville motorcycle accident attorney can help you understand how shared fault might affect your case.
How long do I have to file a motorcycle accident lawsuit in Ohio?
Most Ohio motorcycle injury claims are subject to the same time limits as other personal injury cases, which are measured in years rather than months. However, there are exceptions and important details that can change the deadline, especially when there are minor children, government entities, or wrongful death claims involved. Because timing rules can be complicated, it is important to talk to an attorney promptly so you do not miss your filing window.
What types of compensation are available after an Ohio motorcycle crash?
Depending on the facts of your case, compensation may include medical expenses, lost wages, loss of future earning capacity, and repair or replacement of your motorcycle and riding gear. You may also be able to seek damages for pain and suffering, emotional distress, scarring, loss of enjoyment of life, and the impact on family relationships. Our attorneys can review your records and help identify all categories of losses that may apply.
How much does it cost to hire a motorcycle accident attorney at graham law?
Most motorcycle accident cases at Graham Law are handled on a contingency fee basis. In a typical arrangement, you do not pay an upfront attorney’s fee. Instead, our fee is a percentage of the recovery if we obtain compensation for you. We discuss the fee agreement in detail before you decide whether to hire us so you understand how fees and costs will work in your particular case.
Do I have to call the police after a minor car accident in Ohio?
If there are injuries or significant property damage, contacting law enforcement is strongly recommended and may be required. Even in seemingly minor crashes, a police report can help document what happened, where it happened, and who was involved. If officers do not respond, you may be able to file a report through your local agency’s in-person or online process. An Ohio car accident attorney can explain how a report may affect your claim.
What happens if the other driver doesn’t have insurance?
If the at-fault driver is uninsured or underinsured, you may still have options. Many Ohio drivers carry uninsured/underinsured motorist coverage (UM/UIM) on their own auto policies. This coverage can step in when the other driver has no insurance or not enough insurance. Our attorneys can review your policy and help you understand whether UM/UIM benefits may apply.
Can i still make a claim if the propert damage to my car is minor?
Yes. The amount of visible damage to your vehicle does not always match the severity of your injuries. Soft-tissue injuries, concussions, and other conditions can arise even when cars look relatively intact. If you are in pain, it is important to see a doctor and follow their advice, regardless of the repair estimate. An attorney can help you present medical evidence that explains how the crash affected you physically.
What if I already gave a statement to the insurance company?
Many people talk to an adjuster before they realize they might need legal help. A prior statement does not automatically ruin your claim, but it can complicate things if you speculated about fault or minimized your symptoms. Our Zanesville car accident attorneys can review what you said, help correct misunderstandings when possible, and guide you on how to handle future communications.
How soon should I contact a car accident attorney after a crash?
There is rarely a downside to getting information early. Contacting a lawyer soon after the crash can help preserve evidence, protect you from common mistakes, and ensure that important deadlines are not missed. Our firm offers free case reviews, so you can ask questions and learn about your options before deciding whether to hire us.
Will I have to go to court for my Ohio car accident case?
Many car accident claims are resolved through negotiation and never go to trial. Whether your case ends up in court depends on factors such as the severity of your injuries, how clear fault is, and whether the insurance company is willing to offer a fair settlement. If a lawsuit is necessary, your attorney will explain the process and help you decide how to proceed based on your goals and comfort level.
Who can be held responsible for an Ohio truck accident?
Liability in a truck crash can extend beyond the driver. Depending on the facts, responsible parties may include the trucking company, a freight broker or shipper, the company that owns or maintains the truck or trailer, the company that loaded the cargo, or a manufacturer of defective parts. Our Zanesville truck accident attorneys can investigate contracts, maintenance records, and industry relationships to identify all parties who may share responsibility.
What evidence is important in an Ohio truck crash case?
Key evidence in a truck accident can include the police report, scene photos, dash cam or surveillance footage, witness statements, the truck’s electronic logging device data, GPS records, load manifests, maintenance and inspection records, and the driver’s qualification file. Much of this evidence is in the hands of the trucking company and can be lost if not requested quickly. Hiring an attorney early helps protect your ability to obtain and use this information.
How do federal trucking regulations affect my Ohio case?
Federal regulations govern how many hours a truck driver can be on duty, how often vehicles must be inspected, and what records must be kept. If a driver exceeds their hours-of-service limits, skips required inspections, or a company fails to maintain its fleet, those violations may support a negligence claim. Our attorneys are familiar with trucking regulations and work to determine whether rule violations played a role in your crash.
Should I speak with the trucking company’s insurance adjuster?
The trucking company’s insurer is primarily focused on minimizing what it pays out, not on protecting your interests. Adjusters may ask leading questions or request a recorded statement soon after the crash. You are not required to provide a detailed statement right away, and doing so without legal advice can harm your claim. Talking with a Zanesville truck accident attorney first can help you understand what information should and should not be shared.
Do truck accident cases usually settle for more than car accident cases?
Truck accident claims often involve more severe injuries and larger insurance policies than typical car crashes, which can lead to higher potential recoveries. However, there is no guaranteed outcome, and each case is unique. The severity of your injuries, the strength of the evidence, and the number of responsible parties all play a role. Our firm focuses on documenting the full impact of the crash so any settlement or verdict reflects your 1 losses.
How long do I have to take legal action after an Ohio truck crash?
Truck accident claims are generally subject to the same time limits as other Ohio personal injury cases. However, because key trucking evidence can be destroyed or overwritten in a matter of weeks or months, it is wise to seek legal advice as soon as you can after a crash. Acting quickly helps your attorney preserve important records and build a stronger case on your behalf.
