If you've been injured in Ohio, whether in a car accident, medical incident, or other personal injury, it’s crucial to understand how long you have to take legal action.

The time limit to file a lawsuit is called the statute of limitations, and once it passes, your claim is almost always barred forever. But here’s the catch: the deadline depends on the type of case as well as the age or capacity of the injured person.

 How Long Do You Have to File?

General Personal Injury (Car Accidents, Falls, etc.)

• Deadline: Generally, 2 years from the date of the injury;
• Applies to: Auto accidents, slip and falls, dog bites, and other general negligence.

Medical Malpractice

Deadline: Generally, 1 year from the date the injury. There may be some exceptions that extend this deadline.

Statute of Repose: Absolute 4-year cutoff from the date of the malpractice, even if the injury is discovered later

Minors or Mentally Incapacitated Individuals

Personal injury claims that involve a minor or an individual who is mentally incapacitated, the statute of limitations may be paused ("tolled") unti the minor turns 18, or the mental disability ends. Then the normal deadline applies.

Insurance Companies May Use Fake Deadlines

Insurance companies may say things like: “You have to accept this offer within 30 days, or it’s gone.” They may also say something like, “If you don’t settle now, we’ll close your file.”

It is important to know that these are not always legal deadlines. They can be pressure tactics designed to get you to settle quickly and for much less than your claim is worth.

Your actual legal deadline is defined by law and not solely by what an insurance adjuster tells you.

Why You Need to Talk to a Lawyer Early

Statutes of limitations are unforgiving, and the rules vary based on the type of injury or case, the age and mental capacity of the victim, whether the harm was immediately known, and any special rules for medical providers or government entities.

It is important to note that this is not an all-inclusive list of possible personal injury cases and statutes of limitation. If you believe that you may have a personal injury claim, you should contact a lawyer right away. Many initial consultations are free. You should not rely on blogs or the internet generally to calculate your own statute of limitations.

One of our experienced personal injury attorneys can help you to calculate the correct filing deadline, identify exceptions or tolling rules that may extend your time or limit your time, and protect you from lowball settlement pressure from an insurance company. Contact Lardiere McNair & Stonebrook, Ltd., LPA with any questions or concerns regarding your personal injury claim’s statute of limitations. 

Taylor L. Agler, Esq. is an Associate at Lardiere McNair & Stonebrook, Ltd., LPA.

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