When you file a personal injury case, the statute of limitations has a critical effect on your case: if you wait too long, you won’t be able to file your case at all. That means that you won’t be able to recover damages, you won’t be able to hold the negligent parties responsible and you will be solely responsible for your medical bills, lost income, property damage and more.
The statute of limitations is, in short, the amount of time you have to file a lawsuit. Ohio’s statute of limitations laws may vary from other states, so it’s important to verify the time period and type of case.
The Law Offices of Tim Misny always recommends contacting a lawyer as soon as your medical condition is stable. Even in cases with a longer statute of limitations, the time can go by quickly—you don’t want to miss out on your chance to recover compensation.
Ohio’s personal injury statute of limitations
Ohio Revised Code Section 2305.10 requires that plaintiffs file a personal injury suit within two years of the date of the accident, or, “when the injury or loss to person or property occurs.”
This means that it’s not enough to simply retain a lawyer before the two-year time period is up: your lawyer also needs to have enough time to file the complaint in court. Never assume that a lawyer will be able to handle your case on an emergency basis. It’s always best to get the ball rolling well before the statute of limitations is due to expire.
Exceptions to the statute of limitations
There are certain exceptions to the general two-year statute of limitations, including:
- Medical malpractice: A medical malpractice case must be filed within one year of the date of the injury, or when the injury was or should have been discovered.
- Legal disability: If a plaintiff is under 18, or is deemed of unsound mind after law, the statute of limitations doesn’t start tolling until that disability is corrected (either the minor turns 18 or the plaintiff is deemed sane).
- Fleeing defendant: When a defendant flees or hides in order to avoid litigation, generally, the time in which they are absent will not count against the statute of limitations.
- Products liability: If you were injured by a defective product, you may be subject to a different statute of limitations.
The Law Offices of Tim Misny can help you get your lawsuit in motion. Call today to learn more.
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When you’ve been harmed as a result of someone’s negligence or recklessness, I’ll Make Them Pay!® Call my office at 877-614-9524 so that I can evaluate your case right away.