Know Your Ohio Statute of Limitations for Law Suits

Article provided by Friedman, Domiano & Smith Co., L.P.A.
Visit us at www.fdslaw.com

Those who have been harmed by the acts of others have the right to recover compensation for their injuries. This includes compensation for medical bills, lost wages, pain and suffering and other losses.

However, there is a limited window of time for injured people to seek this recovery before their legal claim will be barred. This is known as the "statute of limitations." A statute of limitations is a set period of time that an injured person has to file a lawsuit against the responsible party or parties. Statutes of limitations vary based on several different factors, including the State where the injury occurred and the type of claim (referred to as the cause of action).

Below you will find some basic information on the statute of limitations for personal injuries in Ohio. Remember, if the cause of action arose in another State, that State's statute of limitations would determine the applicable time limitations. For information specific to your particular case, contact a knowledgeable attorney today.

What is the Statue of Limitations for Personal Injuries?

In Ohio, the general statute of limitations for bodily injuries is two years. However, the statute of limitations may be different depending on the type of legal claim you have. Below is a list of some of the applicable statute of limitations for different types of claims:
- Medical malpractice: one year
- Medical malpractice/Insertion of a foreign object: one year from the date the object was discovered, or should have been discovered, but in no event more than four years after insertion of the foreign object
- Wrongful death: two years
- Injury caused by a dangerous or defective product (products liability): two years
- Fraud: four years
- Special Rules for Minors: Except for wrongful death claims and uninsured/underinsured motorist claims, a minor's statute of limitation is tolled until the minor reaches the age of 18

If you do not file your claim within the applicable statute of limitations, you lose your right to seek recovery for your injuries. This is why it is so important to be aware of the limitations period for your claim.

When Does the Statute of Limitations Period Begin to Run?

Typically, the statute of limitations begins to run on the date of the injury, or in cases of wrongful death, on the date of death. In certain cases, however, the limitations period may not begin to run right away. This is known as "tolling" the statute of limitations.

For example, in most cases, the statute of limitations for minors does not begin to run until they have reached the age of majority (18 years old). If a 15-year-old child was seriously injured in a car accident, the child would need to file a legal claim before his or her 20th birthday in order to stay within the applicable limitations period. However, there is an exception for uninsured and underinsured motorist coverage claims -- these must be brought within the time specified in the uninsured or underinsured motorist contract. The Ohio Supreme Court has held that these claims are not tolled during minority.

Medical malpractice actions are another example of when the one-year statute of limitations period may be tolled. In these types of cases, the limitations period begins running either on the date of injury or when the patient knew or reasonably should have known of the injury.

The limitations period also may be tolled when the person responsible for causing the injury cannot be located, has moved out-of-state or has been incarcerated. In these cases, the relevant statute of limitations period will not begin running until the defendant is legally available, or in other words, the defendant has been located, has re-entered the state or has been released from jail or prison.

It is important to note that personal injury victims should never wait until their statute of limitations approaches to file their claim. Tolling the statute simply is a way to give victims of certain types of injuries a fair opportunity to file their claims, however, it is advisable to retain an attorney as early as possible to avoid any legal issues with the statute of limitations.

Do Not Delay in Filing Your Claim or Contacting an Attorney

Even though most injured people will have two years to file a personal injury action, it is better to file the claim as soon as possible. There are a number of reasons why it is better to engage an attorney to work on your claim as soon as possible:
- Preservation of evidence: it is easier to collect evidence from an incident leading to a personal injury immediately following the accident than it is if you wait six months, one year or more. It is also easier to locate witnesses, who can be harder to locate and may remember less about the incident leading to your injury the longer you wait.
- Legal prerequisites: often there are steps an attorney will need take on your behalf prior to filing certain types of claims. For example, if you are pursuing a wrongful death claim, an estate must be opened and a legal representative appointed to act in place of the decedent before the claim can be pursued. This process can take significant amounts of time, and is in part determined by how long it takes the respective probate court to set a hearing and appoint an administrator or executor. In medical malpractice actions, the attorney must obtain a certificate of merit from a physician prior to filing a suit with the court. The actions that must be taken before filing a claim vary depending on the type of claim, but in all cases these actions must be completed first during the statute of limitations period before a legal action can be instituted. If you wait too long, the attorney may not have enough time to complete all of the steps necessary to pursue your claim.
- Equal the playing field: the person responsible for your injuries may take defensive steps to protect themselves in anticipation of future legal action. This head-start on investigating the claim, interviewing witnesses and collecting other evidence gives the defendant an advantage on building a strong defense to your claim. But if you are proactive and take swift action to file your claim, then the defendant may be left scrambling to collect the information and evidence necessary to fight your claim.

Preserve Your Rights

For more information on filing a personal injury claim, contact an experienced attorney today. A lawyer can review your legal options, explain the applicable statute of limitations and discuss any steps that must be taken before your legal claim can be filed. Remember: the sooner you begin pursuing your claim, the sooner an attorney can begin working on your case to help you secure the compensation you deserve.

Article provided by Friedman, Domiano & Smith Co., L.P.A.
Visit us at www.fdslaw.com