How Long Do I Have to File a Claim After a Car Crash, Slip and Fall or Other Personal Injury in Ohio?

Whether you have been hurt in a car accident, slip and fall, or any other incident caused by someone else’s negligence, Ohio law sets strict time limits on when you can seek compensation. These deadlines, known as statutes of limitations, exist to ensure that cases are filed while evidence is still fresh and witnesses’ memories are still clear.

At Friedman, Domiano & Smith, our Cleveland personal injury attorneys can support you in determining your legal options. If you have a case, we can gather the key evidence and negotiate with insurance companies to help you secure the maximum compensation you need for your case.

What Is The Statute of Limitations for a Personal Injury in Ohio?

In Ohio, the statute of limitations for most personal injury cases is two years from the date of the injury. You have two years to file a lawsuit for injuries caused by someone else’s negligence or wrongdoing.

This two-year deadline applies to most personal injury claims in Ohio, including:

• Dog bite incidents
• Assault and battery cases
• Most types of negligence claims
• Car accidents and motorcycle crashes
• Truck accidents and commercial vehicle collisions
• Slip and fall accidents on someone else’s property

Are There Any Exceptions to Filing Deadlines for Ohio Injury Claims?

Although two years is the standard timeframe, Ohio law includes several important exceptions that can either extend or shorten this deadline:

• Medical Malpractice Cases: You generally have one year from the date you discovered (or reasonably should have discovered) the malpractice. However, you do not have more than four years from the date the negligent act occurred, regardless of when you found it.
• Product Liability Claims: You usually have two years to file a defective product claim in Ohio. You cannot file if the product was first sold more than 10 years ago, even if the injury occurred later.
• Government Entity Claims: If your injury was caused by a government employee or entity (such as a city, county, or state), you must file a notice of claim within six months of the injury. Failing to provide this notice can bar your claim entirely.
• Claims Against the State of Ohio: Lawsuits against the state itself must be filed within two years, and you must first file a claim with the Ohio Court of Claims rather than a regular court.
• Wrongful Death Cases: Wrongful death claims must be filed within two years of the person’s death, not necessarily when the underlying negligent act occurred.

What If I Miss Filing My Cleveland Injury Claim By the Deadline?

If you miss Ohio’s two-year deadline for a Cleveland injury claim, you usually lose your right to sue for compensation. Once this deadline passes, courts will dismiss your case regardless of how strong your evidence is or how severely you were injured.

If you file a lawsuit after the deadline, the other side can use that as a defense, and the court will dismiss your case for good. Your opportunity to seek legal compensation is permanently lost, and you will not receive the compensation you need for recovery.

When Statute of Limitations May Be Paused (Tolled) in Ohio

Ohio law recognizes situations where the statute of limitations for personal injury claims may be temporarily paused, or ‘tolled.’ Tolling occurs when the filing deadline is suspended during specific periods, giving you more time to file your lawsuit beyond the standard two-year limit.

Tolling means the deadline to file a claim is paused when something outside your control keeps you from taking legal action. During the tolling period, days do not count toward the deadline. Once the tolling condition ends, the clock resumes where it left off.

Your case can pause under these circumstances:

Military Service Tolling

The federal Servicemembers Civil Relief Act (SCRA) can toll state statute of limitations deadlines for active military personnel under specific scenarios.

• The claim arose before or during military service
• The service member is on active duty during the limitation period
• Military service materially affects their ability to pursue legal claims.

Mental Incapacity Tolling

Ohio Revised Code Section 2305.16 also tolls the statute of limitations for individuals who lack the mental capacity to understand their legal rights and pursue claims. These standards need to be met for mental incapacity tolling:

• The tolling ends when capacity is restored or a guardian takes legal action
• Medical evidence is typically required to establish the extent and duration of incapacity
• The incapacity must prevent understanding of legal rights and the need to pursue a claim
• Courts apply strict standards and will not toll the deadline for temporary confusion or depression

Mental incapacity tolling usually applies when someone is:

• Legally Declared Incompetent: If a court declares someone mentally incompetent, the deadline to file a claim is suspended until they regain competency or a guardian is appointed to act on their behalf.
• Mentally Incapacitated Due to Injury: If an accident causes both physical injuries and mental incapacity, the deadline to file a claim may be paused until the person’s mental condition improves.

Minority Tolling for Children Under 18

Ohio provides the most significant protection for minor children injured due to someone else’s negligence. The statute of limitations does not begin running until a minor reaches their 18th birthday. Any child under the age of 18 has until their 20^th birthday to file a claim. A parent or guardian can file on behalf of minors, but the child has the right to take legal action once they reach adulthood.

Tolling During Bankruptcy Proceedings

Federal bankruptcy law may toll the statute of limitations deadlines under certain circumstances. When someone files for bankruptcy, federal law creates an “automatic stay.” This is a legal protection that immediately stops or pauses when a lawsuit is filed against the person who has filed for bankruptcy.

Automatic stay effects:

• Courts often treat personal injury claims as exceptions to the automatic stay.
• Tolling typically applies only to claims related to the bankruptcy estate.
• Filing for bankruptcy creates an automatic stay that may pause certain legal proceedings.

How Soon Should I Call a Cleveland Personal Injury Lawyer?

You should contact a Cleveland personal injury lawyer within 24 to 48 hours of your accident. While Ohio gives you two years to file a lawsuit, waiting can seriously damage your case and reduce your compensation.

Why Waiting Too Long to File Hurts Your Ohio Personal Injury Case

If you wait too long, it can also affect your ability to collect strong evidence. For example, security cameras are often deleted within 30 to 90 days. Additionally, accident scenes can be cleaned up, and physical evidence can be destroyed. The sooner your attorney investigates, the more evidence they can preserve.

Your witnesses can forget key details and may become unavailable. Your attorney needs to interview witnesses while their memories are fresh.

Adjusters often contact victims within hours, seeking statements that minimize their liability. An attorney can protect you from making damaging statements.

Early legal involvement ensures your injuries and treatment are adequately documented. When you visit the emergency room or an urgent care facility, you can begin to link your accident to injuries.

How Filing Deadlines Differ for Insurance Claims and Lawsuits

Insurance claim deadlines and lawsuit filing deadlines serve different purposes and operate under separate legal frameworks. You need to understand these distinctions to protect your rights and maximize your compensation after an accident or injury.

Insurance claims are contractual deadlines set by insurance policies to provide companies with prompt notice, allowing them to investigate accidents quickly. Missing these deadlines may result in claim denial or reduced benefits.

Lawsuits are legal deadlines established by Ohio state law. In Ohio, you have two years from your injury date to file a lawsuit. Missing this deadline could mean you lose your right to seek compensation through the court permanently.

How The Discovery Rule Affects Filing Deadlines in Ohio

In Ohio, the two-year deadline to file a claim starts when you discover your injury and its cause, not when the injury happened. The discovery rule protects victims who could not reasonably know they were hurt or who were responsible.

The discovery rule applies in specific circumstances such as:

• Medical Malpractice: Under Ohio’s discovery rule, you have one year from the date you discovered or should have discovered the malpractice to file a claim, but no more than four years from when the negligent act happened.
• Hidden or Latent Injuries: Some injuries develop slowly or remain hidden for years, such as those caused by toxic exposure, certain types of cancer, or conditions that exhibit symptoms long after the initial incident.
• Fraudulent Concealment: Defendants who conceal their wrongdoing by destroying evidence, providing false information, or covering up the truth can prevent victims from discovering the cause of their injuries.
• Professional Relationship Cases: When ongoing professional relationships (attorney-client, financial advisor, etc.) prevent the discovery of wrongdoing.

To benefit from the discovery rule, you must demonstrate the lack of reasonable knowledge. A reasonable person in your situation could not have discovered the injury or its cause despite investigations. Once you become aware of your potential claim, it is essential to act promptly.

Call Friedman, Domiano & Smith if You Need Help With Filing a Claim

The clock starts ticking from the moment your accident occurs. If you wait too long, you could lose your chance to get compensation for medical bills, lost wages, and pain and suffering.

At Friedman, Domiano & Smith, we understand that dealing with injuries while navigating complex legal deadlines can feel overwhelming. Our experienced Ohio personal injury attorneys are prepared to help victims pursue the compensation they need to recover. We can quickly gather evidence, speak to witnesses, and build strong cases before deadlines pass.