Last updated on September 28th, 2023
Experiencing an injury can lead to expenses, such as medical bills and lost income due to an inability to work. So, when you file a personal injury lawsuit, you have the opportunity to seek compensation for these costs as well as additional damages like physical pain and emotional suffering.
However, you’ll lose your chance to submit a personal injury claim if you don’t meet the state’s statute of limitations. This is the time frame in which you need to take action for your case. The clock begins ticking on the day of the injury or when you discover grounds for filing a personal injury lawsuit. This allows flexibility in cases where an injured person was unaware that their injury was the result of negligence at the time of the incident.
Because of these deadlines, never delay in consulting an Ohio personal injury lawyer.
In Ohio, the timeline for filing personal injury claims varies depending on the nature of the injuries sustained.
The law, in Ohio, Ohio Revised Code § 2305.10 (A), states that most personal injury claims, including those arising from car accidents, must be filed within two years of when the cause of action occurred. This means that there is a two-year time frame starting from the date of negligence or discovery.
If your injury is a result of exposure to chemicals, medications, or medical devices, you should file your claim within two years of either being diagnosed or when you reasonably discovered the injury – whichever comes first.
In cases where the claimant is a minor or mentally incapacitated at the time of the incident, Ohio Rev. Code § 2305.16 requires them to submit their claim within two years after turning 18 years old or after having their disability status removed.
Medical malpractice claims should be submitted within one year of discovering the injury or the date of discovery. Alternatively, claims can be filed within one year after the doctor/patient relationship ended (Ohio Revised Code § 2305.113).
In Ohio, a product liability claim seeks compensation for damages caused by a faulty product produced or supplied by a manufacturer or vendor. The claim may be filed if the injury resulted from the product being:
A cause of action for product liability arises when an injury or damage takes place. Talking to a personal injury attorney about your rights is imperative. To ensure you receive compensation, it’s best to schedule a consultation right away.
Product liability claims in Ohio have a two-year statute of limitations from the date the cause of action arises.
Both strict liability and negligence-based product liability lawsuits must be initiated within two years from when the cause of action arises.
The cause of action commences when the plaintiff becomes aware or should have become aware that they were harmed due to the defendant’s actions.
In cases involving a breach of warranty, an injured party must file a product liability claim within four years following the event that gave rise to the claim.
A breach of warranty occurs when a product fails to meet its warranties or representations.
There is an important exception to Ohio’s two-year product liability statute of limitations when it comes to cases where injuries from defective products are difficult to identify.
In instances where a malfunctioning product causes gradual harm, the window to file a claim is based on the date of diagnosis.
This exemption can extend the deadline beyond two years, provided you can show that you were unaware that your injury was linked to using the product.
Ohio law lists specific situations in which an adjusted start date may apply:
Any of the above-listed situations may suspend Ohio’s product liability statute of limitations until a qualified medical professional informs you about an injury caused by a certain substance or device.
Alternatively, the statute of limitations may begin when you reasonably become aware of your injury’s connection to a substance or device.
In addition to the statute of limitations, it is important to consider the statute of repose.
A statute of repose terminates one’s ability to file a lawsuit after a predetermined period, regardless of when the injuries were sustained or discovered.
In Ohio, the typical rule of repose states that individuals cannot file a product liability claim more than ten years after acquiring the item that caused their injury.
However, this rule is not without exceptions. In cases involving fraud, warranties lasting beyond ten years, plaintiff disability, occurrences before the statute of repose expires, and asbestos-related bodily injury cases, different rules might apply.
Ohio lawmakers have recognized statutes of limitation and statutes of repose for nearly four decades. A statute of limitation requires that the plaintiff diligently file claims within a specific timeline. On the other hand, a statute of repose establishes a finite window for the submission of a claim, regardless of when it occurs.
For medical negligence claims, again, you have one year, under the statute of limitations, to file a claim from the accrual date. By contrast, a statute of repose gives the claimant four years to file a claim after an act of omission that supports the alleged basis for the lawsuit.
The law states that an action upon a medical-related or dental claim that is not filed within four years after an act or omission is barred from going forward. So, you need to check the dates for any type of personal injury or property liability claim.
In cases of a wrongful death caused by negligence, you’re allowed to file within two years from when your family member passed away under Ohio Rev. Code § 2125.02(D).
There are exceptions to the personal injury statute of limitations where it will not pause or progress. According to Ohio Rev. Code § 2305.15(A), time spent by a defendant outside Ohio or in hiding does not count towards the statute of limitations.
Also, according to the law, in Ohio, Section 2305.15(B) specifies that the period of time a defendant spends in prison does not count towards the expiration of the statute of limitations.
The best time to submit a personal injury claim is as soon as possible or when the event is still fresh on your mind. Not only can you provide more detailed evidence, but you can also ensure increased success with your claim and avoid getting lost in the statute of limitations for personal injury in Ohio.
Learn more about your legal rights now. Call a personal injury lawyer today for a free, no-obligation consultation. Contact the law firm of Dyer, Garofalo, Mann & Schultz now.
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