When you’re in an accident there are a million things on your mind. And sometimes it can take a while to know exactly the extent of your emotional and physical injuries. So it is extremely important to know and understand the Ohio Statute of Limitations for your particular accident. This will depend on several factors. And when you’ve been through a traumatic event it can be overwhelming to try to figure out all these factors on your own. We’ve put together this helpful guide to help you understand your options.
Contact one of our personal injury attorneys today at Spivak and Sakellariou to understand your options.
What is a “Statute of Limitations”
So what is a Statute of Limitations? Merriam Webster dictionary defines it as “a statute assigning a certain time after which rights cannot be enforced by legal action or offenses cannot be punished.” So you can think of the statute of limitations as an expiration date for when your claim can be filed.
How does this work in the real world?
Let’s say you’re in an accident, and then for whatever reason you don’t report it or pursue legal action in any manner. A little while later you realize there are long term consequences to your accident and you want to pursue legal action. But, depending on how long it has been since the accident your options could be complicated. The best plan is to call one of our personal injury attorneys today to help you understand your options.
Personal Injury Statute of Limitations
The Ohio Statute of Limitations for personal injury claims is two years from the date of the accident according to Ohio Revised Code 2305.10. So for most personal injury suits including car accidents, bike accidents, and pedestrian accidents the statute of limitations would be two years.
However there are a few exceptions.
- If the claimant is a minor the statute of limitations is extended to two years past their 18th birthday.
- If a claimant is determined to be of unsound mind the statute of limitations is extended to two years past when their disability designation is removed.
- In medical malpractice claims must be filed within one year of the injury being discovered, when it should have been discovered, or within one year of the ending of the doctor/patient relationship. A claim can not be filed after four years of the alleged malpractice.
No matter the particulars of your case it is always most important to contact a personal injury lawyer today to help you navigate this confusing world. Being injured can be an isolating and terrifying experience, you don’t have to go through this alone.
What is a “Statute of Repose”?
While looking for answers you may see ‘statute of repose’ thrown around as a term. But what does this mean? A statute of repose is a statute that prevents legal action after a certain amount of time. But how is that different from a statute of limitations?
These two statutes work together.
Let’s say you were injured at a construction site. You have two years to file a claim for that injury. But what if you don’t realize you have a long-term injury? You have two years from the time you discover that injury to file a claim. But, with the statute of repose you are capped at ten years from the injury to file your claim.
Don’t let this scare or deter you, contact one of our personal injury lawyers today to understand your options. Our personal injury attorneys are experts here to help you and fight for what you deserve.
I Still Need Help!
If you’ve read this far and you don’t see anything pertaining to your specific situation don’t worry! We are here to answer all of your questions and fight for what you deserve. We have multiple avenues for you to contact us.
You can call or text Alan or George directly at (513)-532-2201.
Or you can contact us here directly on our website.
We’d be happy to offer you a free consultation on your case. And if you do choose to work with us it’ll cost you absolutely nothing up front. We will only ever take a fee if we win your case for you. There is absolutely no risk in partnering with us today on your personal injury case. Let us help you fight for what you deserve today.
