How Long Does One Have Time to File for a Personal Injury?
People who have experienced or has been involved in a car accident doesn't usually seek legal help as they only focus on medical attention for their injuries sustained in the recent car accident they were involved in. They are typically much more worried on the injuries they have sustained as well as the urge caused by the shock and emotional trauma that the accident have delivered.
The victim's predicament of physical damage and property damage could be mend by medical assistance, but the financial damage isn't. This is where personal injury claim comes in. Following an accident there are two intervention should be present for the victims to satisfy their needs and assurance. first is the medical help and second is the legal assistance. Though, some of people are not aware or not enlightened enough about legal procedures involving car accidents and related personal injuries roots.
In this blog, we are going to the first basic limitations of an injury claim -- the standard time limit for Ohio personal injury lawsuits. First, we will define what is personal injury claim and when should you file one.
Personal Injury in Few Words
Personal Injury Claim is a form of legal claim filed when a person has sustained injuries in an accident, then he/she may entilted to file for one and seeks compensation for injuries and damages from the negligent defendant and his/her insurance company.
How much time does victims left to file for a Personal Injury Claim?
In Ohio's Standard Time Limit on personal injury lawsuits, two years is the time frame for a victim to make action on his/her supposedly injury claim. It is stated in Ohio Revised Code section 2305.10, wherein it says any lawsuit seeking a legal ammendment for the injured person should be filed within two years.
This implies that any sustained injuries, whatever it might caused either car accidents or any form of negligence should be filed within the two years frame starting from the date you have sustained the injury otherwise, your right to pursue claim may be permanently void. Though, the statute of limitation differs from other states as they have different regulations on the said law. This is devised to prevent the filing of outdated claims with malicious intentions and for transparency to the law, even given the physical evidences and testimonies of witnesses are still available.
In some states such as Pennsylvania, courts apply their "discovery rule" which grants an injured person eligibility to initiate a civil lawsuit as long as the case has been started before the two-year anniversary of the date of discovery of the person that he/she had sustained an injury. For an instance, in car accidents, if the person knew that he/she have sustained an injury in the event and haven't filed for an injury claim not until the nearing two-year anniversary of his/her discovery, then the victim can still file for a claim.
There's also this unique circumstances wherein a person didn't realize that he/she have sustained injury in an event of accident and you haven't got medical attention on time for a physician to check you up on time and prove that you have sustained injury through medical results on papers. And at some point after the supposedly two year anniversary of your sustenance of your injury, you have discovered right after that you have sustained injury which voids the discovery rule.
If ever one of your family members or closests friend has been involved in an accident who have sustained either minor or significant injuries and even a possible case of amputation because of a driver has shown apparent negligence and recklessness and caused an accident and render the victim to have life-threatening injuries and condition, you can always refer help from a professional experienced injury lawyer to smoothen things out as your hired lawyers can help you decide from their factual and legal advices and can help you sort things out legally rather than settling over cash offer without damage calculation and future's regards.
Ryan LLP is an Ohio based injury lawyer that represents victims of personal injury caused by car accidents, medical malpractice due to medical professional's negligence, and even wrongful death against large companies, agencies and even individuals. We have 40 years of experience doing our service in this field and evidently successful with our civil litigations. Call our office now for free legal consultation.