How Long Do You Have to File a Personal Injury Claim in Ohio?

When you suffer an injury due to someone else’s actions or negligence, one of the most important things to know is how long you have to take legal action. In Ohio, the law gives you a specific time frame in which to file a personal injury claim. Known as the statute of limitations, this deadline is crucial to ensuring your ability to seek compensation for medical bills, lost wages, and pain and suffering.

Generally, the statute of limitations in Ohio for personal injury claims is two years. This means you must file your lawsuit within two years from the date of the injury or the date you discovered the injury. However, there are exceptions and specific circumstances that could alter this time frame. It’s important to understand these nuances to ensure your rights are protected.

The Two-Year Time Frame for Personal Injury Claims How Long Do You Have to File a Personal Injury Claim in Ohio?

Ohio’s statute of limitations generally provides you with two years to file a personal injury lawsuit. This rule applies to a broad range of injury cases, including car accidents, slip and fall incidents, dog bites, and many others. The two-year period starts on the date of the injury, not the date of the accident. So if you’re injured in a car accident on January 1st, the deadline to file a lawsuit would be January 1st of the following year. This two-year window is crucial for both parties in an injury claim. For the injured party, failing to file within this period can mean losing the opportunity to hold the negligent party accountable. On the other hand, the statute of limitations also prevents defendants from being sued indefinitely, which gives them certainty about the potential for legal action.

How to Calculate the Deadline

It’s important to understand exactly when the two years start running. Generally, the statute of limitations begins from the date of the injury or accident. For example, if you were injured in a car accident on July 15, 2025, the deadline to file your personal injury lawsuit would be July 15, 2027. However, things aren’t always that simple. In some cases, you may not immediately realize you were injured. In situations where the injury is discovered later, Ohio follows what’s called the “discovery rule.” The discovery rule starts the two-year clock from the date the injury was discovered or when it should have been discovered with reasonable diligence. This often applies to injuries like medical malpractice or exposure to toxic substances where the full extent of the injury isn’t immediately apparent.

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What Happens If You Miss the Deadline

The consequences of missing the statute of limitations deadline can be severe. If you don’t file a lawsuit within the two-year period, you may lose your legal right to seek compensation for your injuries. In most cases, the court will dismiss the lawsuit outright if it’s filed after the deadline has passed. While there are limited exceptions to this rule, they are rare and difficult to prove. Therefore, it’s crucial to consult with an attorney as soon as possible to avoid missing your opportunity to file a claim.

Exceptions and Special Circumstances That Could Affect the Deadline

Though the two-year statute of limitations rule is straightforward, there are several exceptions and special circumstances that may affect how long you have to file a personal injury claim in Ohio. Below are some of the common exceptions that could extend or shorten the time frame.

Medical Malpractice Cases in Ohio

Medical malpractice is one area where the statute of limitations in Ohio is different. For injuries resulting from medical negligence, the statute of limitations is typically one year from the date you discover, or should have discovered, that the injury occurred. However, Ohio law also imposes a four-year statute of repose. This means that no medical malpractice lawsuit can be filed more than four years after the date the negligent act took place, regardless of when the injury was discovered. This rule is crucial because it means that even if you only realize you’ve been injured by a doctor’s mistake after several years, you cannot file a claim if more than four years have passed since the incident.

Wrongful Death Claims in Ohio

If someone dies as a result of a personal injury, Ohio law allows the family to file a wrongful death lawsuit. The statute of limitations for wrongful death claims is generally two years from the date of death. This is true even if the accident or injury that led to the death occurred before the actual passing. In Ohio, wrongful death claims are separate from personal injury claims, though they can sometimes arise from the same event. For instance, if someone is injured in a car accident and later dies from their injuries, the family may file both a personal injury claim on behalf of the deceased (up to the time of death) and a wrongful death claim after the person passes away.

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Claims Involving Minors

When the injured party is a minor (under 18 years old), Ohio law offers a longer time frame to file a personal injury claim. The statute of limitations is paused until the minor reaches the age of majority, which is 18. After that, the minor has two years to file a lawsuit, which means they can file until their 20th birthday. For example, if a child is injured in a car accident at the age of 10, the statute of limitations wouldn’t begin until they turn 18. The child would then have until they turn 20 to file a lawsuit.

Defendant’s Absence or Disability

Ohio law also provides for the statute of limitations to be paused (or “tolled”) if the defendant is absent from the state or is in hiding. If the person responsible for your injuries cannot be located, the clock for filing the lawsuit does not start ticking until they return to Ohio or are located. In some cases, the statute of limitations may also be paused if the injured person is mentally incompetent and unable to manage their legal affairs. Once the person regains the ability to understand their legal rights, the statute of limitations would resume.

Discovery Rule in Ohio Personal Injury Law

For some personal injury cases, the exact date when the injury occurred may not be clear. In these situations, the discovery rule allows the statute of limitations to begin when the injured party either discovers the injury or should have discovered it. This is often the case in situations involving toxic exposure or medical malpractice, where the effects of the injury may not be felt until months or even years after the incident.

Why Timely Action is Important

Filing a personal injury claim on time is essential for several reasons. First, waiting too long to file can result in lost evidence and fading memories, making it more difficult to prove your case. As time passes, witnesses may forget critical details, and physical evidence might deteriorate or be lost. Additionally, filing a claim early can give your attorney the time needed to build a strong case on your behalf. Insurance companies and defendants may attempt to minimize or deny your claim, so it’s important to work with a skilled attorney who can advocate for your rights and gather the necessary evidence in support of your case. If you’ve been injured in Ohio, don’t delay in seeking legal help. Ryan Injury Attorneys offer free consultations to help you understand your rights and determine the best course of action. Time is critical, so contact us today to ensure your personal injury claim is filed within the appropriate statute of limitations. We are here to help you get the compensation you deserve for your injuries.

To learn more about this subject click here: What is a Personal Injury Law firm and why hire one?