Statute of Limitations in Ohio: Why You Should Hurry

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If you believe you have a valid claim following an accident or incident, you should start building a personal injury case with an experienced lawyer right away. Not only are you fighting another party for potential damages, but you’re also fighting against time concerning the statute of limitations in Ohio.

Due to the statute of limitations in Ohio, there are time restrictions involved when trying to put together your personal injury claim. It’s important to keep the statute of limitations in Ohio in mind as you try to claim a personal injury. Your lawyer at Dyer, Garofalo, Mann, & Schultz can help you understand how long you have to file a case and how it matters regarding your personal injury case.

Let’s Begin.

What is a Statute of Limitations?

The statute of limitations in Ohio and across the United States ensures that personal injury case proceedings move in a timely fashion, protecting the rights of the involved parties. A statute of limitations is the maximum timeframe wherein involved parties must initiate legal proceedings from the date of an alleged incident. It applies not only to personal injury cases but also to various criminal and civil cases. Within this timeframe, you can bring legal action against the alleged party, but it varies from one jurisdiction to the next. Furthermore, that timeframe differs based on the nature of the offense that was allegedly committed.

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The statute of limitations in Ohio and other states applies to civil cases. For example, if there’s a three-year period to sue for malpractice, you must do so within that timeline. If you even go a few hours beyond the three years, your lawsuit is null and void. While criminal cases also carry time restrictions in Ohio and nationwide, serious cases such as murder have no maximum period under the statute. In some states, there is no time limit regarding other serious criminal cases such as arson or sex offenses involving minors.

The statute of limitations in Ohio protects people in situations where evidence disappears, or witnesses disappear or simply don’t remember how the incident happened. The statute of limitations has existed since appearing early in Roman law and is meant to keep legal proceedings honest.

You should do your best to obtain a lawyer as soon as you can after an incident. Assembling legal documents and negotiations with insurance companies and alleged parties will take time, and you don’t want to exceed the time you have to file a case.

Statute of Limitations on Ohio Personal Injury Cases

The time you have to file a case in Ohio regarding personal injury cases is important to go over with your lawyer before filing your personal injury claim.

Ohio Revised Code Section 2305.10 mandates that lawsuits based on bodily injury must be brought forward within two years from the date of injury. Your legal claim represents a cause of action, which is the issue giving you a valid reason to file a lawsuit through your lawyer.

In most cases, your time limit on a case in Ohio takes effect from the day you suffered your personal injury until two years later. The statute of limitations in Ohio also takes into account that you know or reasonably should have known that you have a legitimate right to compensation. This is when asking your lawyer all the necessary questions comes into play, so you know your rights.

On the contrary, there are occasions where the time restrictions don’t apply fully because the date your legal claim arises is unclear. Perhaps your personal injury may not be obvious or visible yet. You may not have realized the extent of your injuries right after the incident in question because the symptoms didn’t appear at first. Ohio law recognizes such unusual circumstances in which you’re not aware of the extent of your injuries. Section 2305.10 (B) includes provisions outlining when the cause of action accrued. This applies if your personal injury was caused by exposure to toxic chemicals, chromium, asbestos, and other harmful agents. In such cases, the statute of limitations in Ohio kicks in when you’ve been informed by a medical professional that you suffered a personal injury due to exposure. Or, it applies from the date you should have known you were injured from exposure.

The statute of limitations in Ohio also lays out when it’s fair to delay when a person can exercise their right to sue through a lawyer. Section 2305.16 permits the statute of limitations in Ohio to be tolled if you’re of unsound mind or a minor. The “clock” of the statute of limitations in Ohio begins once you’re deemed mentally fit or reach 18 years old in such cases. Tolling for the statute of limitations in Ohio also occurs when the alleged party is absent or imprisoned. As a result, the statute of limitations in Ohio is set for when the perpetrator is found or returns.

When Should You Contact a Personal Injury Lawyer?

The statute of limitations in Ohio is definitive, so it’s logical to contact a personal injury lawyer at your earliest convenience.

Hiring a lawyer isn’t legally required, but having one at your side is in your best interests. Your lawyer will know all the factors that impact such cases and laws surrounding personal injuries and the statute of limitations in Ohio.

Your lawyer will work based on the timeframe set by the statute of limitations in Ohio to gather all necessary documentation and evidence as soon as possible. Your lawyer can also negotiate with insurance companies to get you the protection you deserve and work out the best possible settlement so that you receive significant compensation. The statute of limitations in Ohio can affect your personal injury case, so contact a lawyer who can help you swiftly.


Quick Answers

What is a Statute of Limitations?

The statute of limitations in Ohio and across the United States ensures that personal injury case proceedings move in a timely fashion, protecting the rights of the involved parties.

What are the Statute of Limitations in Ohio?

The statute of limitations in Ohio and other states applies to civil cases. For example, if there’s a three-year period to sue for malpractice, you must do so within that timeline. If you even go a few hours beyond the three years, your lawsuit is null and void. While criminal cases also carry a statute of limitations in Ohio and nationwide, serious cases such as murder have no maximum period under the statute. In some states, there is no statute of limitations regarding other serious criminal cases such as arson or sex offenses involving minors.


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