How Long Do You Have to Settle a Car Accident Claim in Ohio?
If you have been involved in a car accident in Ohio, it is important to understand the time limits for settling your claim. The statute of limitations sets a deadline for filing a lawsuit, and missing this deadline can result in losing your right to seek compensation. This can also affect the time in which you have to settle your accident claim.
At Kitrick, Lewis & Harris, our Ohio car accident and personal injury attorneys know how important a settlement can be to your life. Your injuries are significant, and you may be entitled to compensation if you file your claim in time.
Understanding the Statute of Limitations
The statute of limitations is a legal concept that establishes the time frame within which a person must file a lawsuit or legal action. If you fail to file your lawsuit in time, the court will likely dismiss your lawsuit without hearing any evidence. This can be true even when, had you filed in time, your lawsuit would have earned you a significant settlement.
In Ohio, the statute of limitations for car accident claims is two years from the date of the accident. This means that you have two years from the date of the accident to file a lawsuit seeking compensation for your injuries and damages.
Exceptions to the Statute of Limitations
There are some limited exceptions that may toll or extend the statute of limitations, but they are quite rare:
- Minor Victims: If the victim of the accident is a minor, the statute of limitations may toll until the child reaches the age of majority. However, it is not always advisable to wait to file your claim until then, as evidence may be lost to the passage of time.
- Mental Incapacity: If the victim of the accident is mentally incapable of filing their own lawsuit, the statute of limitations may be tolled until they regain capacity. In many cases, it is better to work with an attorney right away and appoint someone to help the accident victim who cannot do so themselves.
- Discovery Rule: The discovery rule may apply if you do not learn of specific injuries until after the passage of time. However, the applicability of this rule is complicated and highly fact-dependent.
Steps to Take After a Car Accident to Protect Your Settlement Rights
By taking the following steps after an Ohio car accident, you can better protect your rights to a financial settlement:
- Seek Medical Attention: Your health and safety are the top priorities. Seek medical attention immediately after the accident, even if you feel fine, as some injuries may not be immediately apparent.
- Document the Accident: Gather as much information as possible at the scene, including photos of the accident, contact information for witnesses, and the other driver’s insurance details.
- Consult with an Attorney: Contact a car accident attorney as soon as possible to discuss your case and ensure that your claim is filed within the statute of limitations. An experienced attorney can guide you through the legal process and help you navigate any complexities specific to your case.
- File Your Claim: Work with your attorney to file your claim within the two-year deadline. This includes preparing and submitting all necessary documentation and evidence to support your case.
Consult an Ohio Car Accident Lawyer for Help
You have limited time to file your claim and seek a settlement. Whether your case resolves through negotiation or at trial, we are prepared to seek the maximum compensation to which you are entitled. Consult an Ohio personal injury lawyer to learn what we can do for you.
Our team at Kitrick, Lewis & Harris has decades of experience representing injured car accident victims. Contact us today for a consultation of your case.
