If you have been involved in a car accident and suffered injuries as a result of another person’s negligence, you are legally entitled to recover damages. Usually, you will resolve your case directly with an insurance company. However, if you can’t reach a fair settlement offer, you have limited time to file a personal injury lawsuit. In Ohio, under the Revised Code Chapter 2305.10, you have only two years to bring your lawsuit.
At the law firm of Dyer, Garofalo, Mann & Schultz, we encourage car accident victims to take action immediately after being injured to protect their legal right to recover damages as per the law. A personal injury attorney can advise you and ensure you meet the specified legal timelines while protecting your rights and interests.
The statute of limitations in Ohio refers to the legally defined time limit within which a person can bring a lawsuit or press criminal charges. It is the deadline for initiating legal proceedings, and once this period expires, the right to file a lawsuit or charges is generally forfeited.
The time limits greatly vary based on the nature of the legal action. For example, personal injury cases, contract disputes, and criminal offenses all have different statutes of limitations.
In the case of a car accident, you have only two years to file your suit. If your loved one dies as a result of the accident, the Ohio Rev. Code § 2125.02(D) allows you two years to file a wrongful death lawsuit.
If you fail to adhere to these time constraints, it can result in the inability to pursue a legal claim or charge. A car accident attorney can help file your lawsuit promptly to ensure proper adherence to legal timeframes.
The existence of a statute of limitations is very crucial within the legal system. The primary objective of imposing a statute of limitations is to enhance the timely resolution of legal claims. By setting a deadline for initiating lawsuits or filing charges, the legal system aims to promote efficiency and prevent the delay of justice.
Without a statute of limitations, individuals might indefinitely postpone pursuing legal action, which may lead to a plethora of practical challenges. For instance, delayed legal actions can make it difficult to reconstruct events accurately.
Additionally, evidence tends to fade, degrade, or disappear. Memories can become hazy, physical evidence may be lost or deteriorate, and witnesses may become more challenging to locate. Without time constraints, the risk of relying on incomplete or unreliable evidence would increase substantially. This could compromise the integrity of legal proceedings.
Lastly, timely resolution contributes to fair adjudication. Allowing an indefinite period for initiating legal actions could lead to unfairness, as defendants may find themselves facing claims based on events that transpired long ago. This promotes fairness and equity in legal proceedings.
In personal injury or property damage claims, such as those arising from auto accidents, the statute of limitations starts running from the date of the injury or when the damage occurs. This provides a clear starting point for individuals to be aware of their rights and the timeframe within which they must take legal action.
Also, the clock may start when you discover or should have reasonably discovered it. This is particularly relevant in cases where the injury or damage is not immediately apparent. The goal is to ensure fairness by starting the clock when the plaintiff becomes aware of their injuries.
However, exceptions to the general rule exist which allow flexibility in specific circumstances:
In cases involving minors or individuals under a legal incapacity in Ohio, the clock may be tolled until they reach the age of majority or regain legal capacity. This recognizes the need to protect those who cannot assert their rights due to their age or condition.
If the defendant has acted fraudulently or actively concealed information, the statute of limitations tolls until the plaintiff discovers or should have discovered the fraud.
Additionally, the clock doesn’t count the time spent by a defendant in hiding, outside Ohio, or time spent in prison.
At Dyer, Garofalo, Mann & Schultz L.P.A., we understand the challenges you face after an injury, and we’re dedicated to securing the compensation you deserve within Ohio’s stipulated time frames. Our team will handle the legal process on your behalf as you focus on your recovery.
Also, we pride ourselves on thorough case evaluation, strategic planning, and relentless advocacy to maximize your compensation that covers your damages.
Besides, we provide personalized support so that you feel heard and supported throughout. This is made possible by our understanding of Ohio’s legal landscape, which we have garnered over 31 years in business. During this time, we have advocated for several clients’ rights and secured the financial relief they need to move forward.
Time is indeed of the essence for fair compensation for damages that result from car accidents. If you’ve been injured, don’t delay; talk to an Ohio car accident attorney at Dyer, Garofalo, Mann & Schultz L.P.A. promptly.
Our legal team is ready to listen, assess your case, and provide the legal representation you need. Act swiftly to protect your rights in securing rightful compensation. Contact us today and take the first step toward justice and recovery.
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