A statute of limitations sets a deadline for taking legal action, and missing this deadline means you lose the opportunity to recover damages. If you’ve been in a car accident in Ohio, understanding the time limits for filing a lawsuit is crucial.
Understanding Ohio’s statute of limitations
In Ohio, you must file a personal injury lawsuit within two years from the date of the car accident. This two-year window gives you the chance to seek compensation for injuries, medical expenses, lost wages, or pain and suffering. If you don’t initiate legal proceedings within this timeframe, the court will dismiss your case, and you forfeit your right to pursue compensation.
The same two-year statute of limitations applies to wrongful death claims resulting from a car accident. In these cases, the clock starts on the date of the victim’s death, which may differ from the accident date. Surviving family members must act promptly to protect their right to seek justice and compensation.
Exceptions to the statute of limitations
Certain circumstances may extend or “toll” the statute of limitations. For instance, if a minor or mentally incapacitated person suffers an injury at the time of the accident, the statute of limitations may pause until the individual turns 18 or regains mental capacity. Additionally, if the at-fault driver leaves the state after the accident but before you file a lawsuit, the statute of limitations may pause until the driver returns.
Protecting your rights
When dealing with the aftermath of a car accident, it’s essential to stay informed about the legal processes that can impact your case. Understanding the timeline for taking action is a key part of ensuring that the court upholds your rights.