In Ohio, the statute of limitations for filing a personal injury lawsuit after a car accident is two years from the date of the accident. This means that if you were injured in a car crash, you have two years to initiate legal proceedings to seek compensation for your injuries, medical expenses, lost wages, and other related damages.
It’s important to note that this two-year deadline also applies to property damage claims resulting from the accident. Failing to file within this period typically results in the loss of your right to pursue legal action.
Exceptions to the Statute of Limitations
While the two-year limit is standard, certain exceptions can extend or “toll” the statute of limitations:
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Minors: If the injured party is under 18 at the time of the accident, the statute of limitations does not begin until they reach the age of majority. This means they have until their 20th birthday to file a claim.
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Mental Incapacity: If the injured person is deemed mentally incompetent at the time of the accident, the statute of limitations may be paused until they are declared competent.
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Discovery Rule: In cases where injuries are not immediately apparent, such as internal injuries or traumatic brain injuries, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered.
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Defendant’s Absence: If the at-fault party leaves the state or cannot be located, the statute of limitations may be tolled until they return or are found.
Insurance Claims
Apart from legal action, it’s crucial to notify your insurance company promptly after an accident. While Ohio law doesn’t specify a strict deadline for filing an insurance claim, most insurance policies require policyholders to report accidents “promptly” or within a reasonable time frame. Delays in reporting can lead to complications or denial of your claim.
Steps to Take After a Car Accident
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Ensure Safety: Check for injuries and move to a safe location if possible.
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Call Authorities: Report the accident to the police, especially if there are injuries or significant property damage.
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Exchange Information: Collect names, contact details, insurance information, and vehicle details from all parties involved.
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Document the Scene: Take photographs of the vehicles, injuries, road conditions, and any relevant details.
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Seek Medical Attention: Even if injuries seem minor, it’s essential to get a medical evaluation to identify any hidden injuries.
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Notify Your Insurance Company: Inform your insurer about the accident as soon as possible.
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Consult an Attorney: Consider seeking legal advice to understand your rights and ensure proper handling of your claim.
Conclusion
In Ohio, you have a two-year window from the date of a car accident to file a personal injury lawsuit. Understanding and adhering to this statute of limitations is crucial to preserving your legal rights. Given the complexities and potential exceptions, consulting with an experienced personal injury attorney can provide guidance tailored to your specific situation.
