Statute of Limitations for Auto Accidents
In Ohio, the statute of limitations is found in Revised Code Section 2305.10. Under Section 2305.10, any lawsuit based on personal bodily injury, product liability, or damage to personal property must be brought within two years from the date the cause of action accrues.
Every state in the United States has a statute that limits the time in which a lawsuit can be filed. These timelimits are known as the statute of limitations. The purpose behind the statute of limitations is to make the process fair for the defendant who might have a harder time defending the lawsuit after evidence is lost or the memories of witnesses begin to fade.
If you do not file the lawsuit within the statute of limitations, then the defendant in the case can ask the court to dismiss the case. For a victim of a personal injury caused by the negligence of another, it is important to hire an attorney as soon as possible. The attorney can help you gather evidence and assert your claim in a timely manner.
Attorneys for Car Accidents in Ohio
After you suffer a personal injury because of the neligence of another, contact an experienced personal injury attorney at Steiden Law Offices. During our initial consultation we can talk about how much your case might be worth and how to maximize your return if a settlement is reached before trial. Find out more about how long you have to report a car accident in Ohio when the crash results in personal injury or property damage.
The sooner you hire the attorney, the sooner the attorney can start to gather evidence that might be lost with the passage of time. We can help you fight for the compensation that you deserve to compensate you for your damages. The average car accident settlement in Ohio is higher when you retain a qualified attorney to represent you at every stage of the case.
Steiden Law Offices represents the victims of personal injuries throughout Southern Ohio and Northern Kentucky. Our firm has offices in Cincinnati and Mainesville, Ohio, as well as Covington and Florence, Kentucky. Our caring and compassionate personal injury attorneys can review your case when you call to schedule a free discussion.
Statute of Limitations in Ohio for Car Accidents
In most cases the cause of action accrues on the date of the incident that caused the inury. In other cases, the action accures on the day that you realize or should realize the cause of the injury. For instance, in a car accident or slip or fall case, the date of the accident is the day the cause of action accures. An except applies to children who are injured while they are minor children.
You can read the statute of limitations in Revised Code Section 2305.10. Under this section, any lawsuit based on personal bodily injury, product liability, or damage to personal property must be brought within two years from the date the cause of action accrues.
When the Ohio Statute of Limitations is Tolled for Minor Children
In some cases in Ohio, the timelimits are "tolled" as explained in Ohio Revised Code Section 2305.16. These tolling provisions might apply to people who are a minor children or who are deemed to be mentally incompetent. In those cases, the statute of limitations is tolled until the injured person turns 18 years old or is determined to be mentally fit.
This exception was explained in a Ohio Supreme Court case of Fehrenbach v. O’Malley, 113 Ohio St.3d 18, 2007-Ohio-971, 862 N.E.2d 489 (2007). In Fehrenbach, the parents of a minor child injured due to medical malpractice brought two claims. The first claim was for loss of consortium for the parents. The second claim was for medical malpractice on behalf of their injured child. The lawsuit was filed six years after the incident that caused the injury. The defendants argued that the parents had brought the action outside the applicable statute of limitations.
The Ohio Supreme Court held that the statute of limitations for the malpractice claim was tolled because the injured party was a minor child. The court also held thta the time for bringing the loss-of-consortium claim asserted personally by the parents was also tolled. The ruling was based on the policy decision that it was important to avoid piecemeal, separate litigation, as well as the time and expense of having to defend the case more than once. Because both claims were brought together, and because the malpractice claim and the loss-of-consortium claim were “joint and inseparable, the disability of one shall inure to the benefit of all.”
2305.10 Bodily injury or injury to personal property. - Ohio Revised Code - Visit the website of the LAW Writer® Ohio Laws and Rules to learn more about how the statute of limitations applies to car accident and other types of personal injury lawsuits. Find exceptions that toll the statute of limitations for minor children who are under the age of 18 at the time the cause of action would otherwise begin to accrue.
Ohio's Statute of Limitations for Personal Injury in Cincinnati, OH
After you suffer a personal injury, contact an experienced personal injury attorney with offices in Cincinnati, OH, to learn more about how the statute of limitations might impact your case. Find out why hiring an attorney can help you with a personal injury case, including a car accident or slip and fall. Call to find out howmuch your case might be worth and the average car accident settlement in Ohio.
Learn more about fighting for justice after you are injured by the negligence of another. Steiden Law Offices represents the victims of medical negligence and nursing home neglect throughout Southern Ohio and Northern Kentucky.
Our firm has offices in Cincinnati and Mainesville, Ohio, as well as Covington and Florence, Kentucky. Our caring and compassionate personal injury attorneys can review your auto accident case when you call to schedule a free discussion.
This article was last updated on Monday, September 1, 2017.