The statute of limitations for car accident claims in Ohio is usually two years from the date the accident occurred. Victims must file a personal injury lawsuit in civil court within this timeframe to preserve their legal standing. This applies to most personal injury cases.
There may be exceptions that could lengthen or shorten this statute of limitations, depending on the specifics of your case. A knowledgeable personal injury lawyer can help you understand the timeframe that applies to your claim and make sure you don’t miss your deadlines.
Our Cleveland car accident lawyers have recovered more than $250 million for injured victims in Ohio. If you have been hurt in a car accident that wasn’t your fault, we can help. Call today to schedule your free consultation and tell us what happened.
What Is a Statute of Limitations?
A statute of limitations is a law that sets a time limit on how long someone has to file a lawsuit after an injury or legal dispute. These laws are designed to ensure that cases are brought while evidence is still available and witnesses’ memories are still reliable.
They also provide fairness to defendants by preventing the filing of legal claims many years after an incident. Each state has specific time limits, which depend on the type of case.
How Long After an Accident Do You Have to File a Claim?
Under Ohio law, if you are hurt in an accident, you generally have up to two years after the date the incident took place to file a personal injury lawsuit in civil court. This rule applies to claims seeking compensation for damages in car crashes and other accident cases, including:
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
The law is outlined under Ohio Revised Code Section 2305.10, which addresses bodily injury or injury to personal property and delineates specific exceptions. Our attorneys can help you understand the law and make sure you adhere to the correct deadline.
What Are Exceptions to the Statute of Limitations?
In Ohio, a two-year statute of limitations applies to most car accident cases. However, certain situations can extend or pause this deadline. These situations are called tolling provisions. For example:
- If the injured person was under the age of 18 at the time of the accident, the statute of limitations may be paused until the minor reaches adulthood.
- If an injured person is legally considered mentally incapacitated, the statute of limitations may be temporarily suspended until the individual regains legal capacity.
- If the defendant leaves Ohio or attempts to avoid legal responsibility by concealing their whereabouts, the statute of limitations may be paused until the defendant is located.
Even when it is extended, once the statute of limitations runs out, you will usually lose the right to get compensation through the courts. That also means insurance companies are less likely to settle once they know that a lawsuit can no longer be filed.
What Is the Statute of Limitations for a Fatal Car Accident in Ohio?
When a car accident results in a death, the claim is handled differently from a typical personal injury case. In these situations, surviving family members or the representative of the deceased person’s estate may file a wrongful death lawsuit.
Wrongful death cases in Ohio must normally be filed within two years from the date of the victim’s death rather than the date of the accident itself. This distinction is important in cases where the victim survives the crash for some time before passing away due to their injuries.
How Long Do You Have to File a Claim Against a Government Entity?
Special rules may apply when a car accident involves a government vehicle or public agency. Claims against state or local government entities often require additional steps, such as filing a notice of claim within a much shorter timeframe.
Because these cases involve different procedures and deadlines, it is especially important to understand the applicable legal requirements before pursuing a claim. Our attorneys will explain the most effective way to manage a car crash case against the government.
Get Help After a Car Accident in Ohio
According to the Ohio statute of limitations for car accidents, you have two years from the date of your accident to file a claim. While that might seem like a long time, any delay has the potential to compromise your ability to recover compensation damages.
There could also be factors that alter the timeframe for filing a civil lawsuit for your specific case. The guidance of our personal injury attorneys can help you avoid missing your deadline and prevent you from making other common mistakes that derail your case.
Our team at Shore Law has more than 40 years of combined experience, standing up for Ohio citizens who have been injured in a car crash due to the negligence of other drivers. Call today to schedule your free consultation and find out how we can help with your case.
