How Long After a Car Accident Can You Sue in Ohio?

You typically have two years after a car accident to file a personal injury lawsuit in Ohio. This time period usually begins on the day of your accident. If you do not file your claim within that timeframe, your rights to compensation could be lost. While there are exceptions to this rule, they are rare.

At Kitrick, Lewis & Harris, our Ohio car accident attorneys know how important it is to file your case in time. Reach out to us as soon as possible to preserve your claim and the evidence in your car accident case. We can help you seek the monetary compensation you deserve. 

What Is a Statute of Limitations?

A statute of limitations is a limited time period in which you have to file a legal claim. The date usually starts on the day the injury occurred and runs a specific time period from that date. If a case is filed after the statute of limitations has passed, the claim is no longer valid. In fact, it will likely be dismissed by the trial court if filed after the limitation period.

Ohio’s Statute of Limitations in Car Accident Cases

Ohio’s statute of limitations for car accidents is generally two years from the date of the accident. Ohio Revised Code § 2305.10, titled “Bodily injury or injury to personal property,” sets forth the two-year deadline. 

Consider this example: Jonathan and Barbara are hurt in an Ohio car accident. While traveling on the highway, a trucker failed to check his blind spots and merged into them. They were run off the road and suffered catastrophic injuries. Both victims have two years from the date of the accident to file their claim and seek financial compensation.

Are There Exceptions to the Statute of Limitations?

In nearly every case, the two-year statute of limitations applies. There are very few exceptions. Of those that exist, they are rarely applicable. However, they are critical to know and an experienced attorney knows to look for them in the appropriate situation.

• Cases Involving Minor Victims: If a minor under the age of 18 is hurt in a car accident, the statute of limitations tolls until that child reaches the age of 18. The two-year time limit then begins to run as normal.
• Discovery Rule: Injuries are not always immediately apparent after a car accident. If the injuries were not discovered until a later date, and a reasonable person would not have discovered those injuries with ordinary diligence, the statute of limitations may pause. The period begins again when the injuries are discovered or reasonably should have been discovered.
• Cases Against the Government: If a governmental entity is the defendant, unique rules may apply. These rules often set shorter timelines and additional filing requirements. They can be successful, but are also more complicated.

How to Avoid Problems With the Car Accident Statute of Limitations

Injury victims need to know how to avoid violating the statute of limitations. The best advice is to speak to an Ohio car accident right away after your accident. While you may have two years to file, you may have less. You may not know which limitations period applies, so if you speak with an attorney quickly you know your case can be timely filed.

It is also important to speak with an attorney quickly to avoid the loss of valuable evidence. The longer you wait, the more evidence is lost. As you heal your injuries look less serious. You may miss critical opportunities to collect and utilize information your attorney needs to prove your case.

Speak to an Ohio Car Accident Attorney Right Away

The sooner you speak with a qualified car accident lawyer, the better your rights are protected. Our team at Kitrick, Lewis & Harris represents car accident victims throughout Ohio. Contact us today for a free consultation of your case.