Every state has laws that limit how long accident victims have to file a lawsuit. If you were injured in a car crash caused by someone else’s negligence, you are probably wondering how long you have to sue.
So, what is the statute of limitations for car accidents in Ohio? You typically have two years from the date of the accident to file a personal injury lawsuit.
Waiting too long to pursue compensation for an accident could cost you the opportunity to recover damages altogether. Our car accident lawyers can assist with your claim and help make sure you file it on time.
What Is the Statute of Limitations for Car Accidents in Ohio?
According to Section 2305.10 – Ohio Revised Code, the statute of limitations for most car accident lawsuits in Ohio is generally two years from the date of the accident. If you fail to file your lawsuit before this deadline expires, the court will likely dismiss your case, and you will lose the ability to pursue compensation.
It’s important to note that filing an insurance claim is not the same as filing a lawsuit. The clock for the statute of limitations continues to run as you and your lawyer work to negotiate a settlement.
If a settlement cannot be reached before the clock runs out, you may lose your right to take legal action.
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Are There Exceptions to the Ohio Statute of Limitations?
Certain Ohio car accident cases have different deadlines. You may qualify for an exception if your case involves:
- Minors: If the injured person is under 18, the statute of limitations generally does not begin running until their 18th birthday.
- Wrongful death: In Ohio, wrongful death lawsuits generally must be filed within two years of the victim’s date of death, which may differ from the date of the accident.
- Government entities: Claims involving state or local government agencies may have special notice requirements and shorter deadlines.
- Delayed discovery of injuries: In cases where an injury could not reasonably have been discovered immediately, the statute of limitations may begin running when the injury is discovered or should have been discovered rather than on the date of the accident.
What Happens if You Miss the Statute of Limitations?
If you attempt to file a lawsuit more than two years after your car accident, the defendant’s attorney will file a motion to dismiss, and the court will likely dismiss your case.
In addition, you will lose leverage in settlement negotiations with insurers, who will no longer be incentivized to offer you a fair settlement since they know you can no longer take them to court.
Lastly, you will be left personally responsible for your medical bills, lost wages, vehicle repair costs, and other damages.
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What Is the Deadline for Property Damage Claims?
If a car accident damages personal property, such as your vehicle, cellphone, laptop, or other belongings, you generally have two years from the date of the accident to file a lawsuit in Ohio.
If a crash damages real property, such as a home, garage, fence, mailbox, or other structures attached to land, Ohio law generally gives you four years from the date of the accident to file a lawsuit.
As with personal injury claims, it’s best to file as soon as you can. Photographs, repair estimates, witness statements, and other evidence can become harder to obtain over time, making it more difficult to prove the extent of your losses.
Why Does Ohio Have a Statute of Limitations?
Statutes of limitations exist to ensure that legal claims are brought within a reasonable period of time. These Ohio car accident laws are intended to promote fairness for both plaintiffs and defendants by encouraging the timely resolution of disputes.
From a practical standpoint, filing sooner rather than later can also benefit you because:
- Evidence is easier to preserve: Surveillance footage, photographs, and physical evidence may be lost over time.
- Witness memories are fresher: People tend to remember important details more accurately shortly after an accident.
- Medical documentation is easier to connect to the crash: Delays can make it harder to prove that your injuries resulted from the collision.
- Settlement negotiations can begin sooner: Prompt action may help you resolve your claim more efficiently.
Why Hire a Car Accident Lawyer?
Although two years may seem like plenty of time to file a lawsuit, car accident cases often require extensive investigation and preparation. Important evidence can disappear quickly, and delays may make it more difficult to prove liability and damages.
An attorney can confirm the deadline that applies to your case, as well as gather evidence, communicate with insurance companies, and, if necessary, take your case to court.
Get Help from a Car Accident Attorney
Time is of the essence in car accident cases. If you need to file a claim, an experienced car accident attorney from Postman Law can investigate your crash, collect evidence that supports your claim, and help you file as quickly as possible.
Schedule a free case review to find out how much time you have left to pursue justice.