Statute of Limitations for Your Personal Injury Lawsuit

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Statute of Limitations for Your Personal Injury Lawsuit

July 26, 2023
By Lafferty Gallagher Scott

It is a situation far too many people find themselves in, they are driving safely when a drunk driver crashes into the back of their vehicle. Their vehicle is totaled and they suffer serious bodily injuries including cracked ribs, torn knee ligaments, and a torn rotator cuff. But, for some odd reason, the injured driver does not contact an attorney and does nothing to initiate a legal claim. A few years go by and the injured driver is still in pain. They finally speak to a lawyer and are told the unfortunate news – they cannot file a lawsuit against the negligent driver because the statute of limitations expired.

Almost every state has a law known as the statute of limitations. This law effectively sets a time limit on the filing of a civil lawsuit. If you or a family member was injured in an accident, it is important that you keep track of the statute of limitations. If you fail to file your lawsuit in a timely manner, your legal claim could effectively be forfeited. Given the very serious nature of filing deadlines, you should be sure to keep it in mind and consult with an experienced Ohio personal injury attorney.

Ohio’s Statute of Limitations

The general statute of limitations for personal injury claims, including those resulting from car accidents, slip and fall incidents, or other types of negligence, is two years from the date of the injury or accident.  But, claims involving medical, dental or chiropractic negligence are as little as one year from the date of the negligence. In cases involving wrongful death, the statute of limitations in Ohio is generally two years from the date of the person’s death. It’s important to note that there can be exceptions and specific circumstances that may affect the statute of limitations in individual cases. Consulting with an experienced personal injury attorney in Ohio is essential to understand the precise deadlines that apply to your particular situation.

What the Statute of Limitations Means for You and Your Injury Claim

As stated above, if you fail to file a lawsuit within the statutory time period,  you may lose your claim. Thus, as soon as you decide to pursue a claim, you should take action sooner rather than later. Ideally, you (or your personal injury attorney) should begin to gather evidence, contact any witnesses, and investigate the nature of the incident that occurred. If you know that there may be an insurance company that would be relevant to the situation, it would be prudent to contact them and alert them that a claim may be pending. Similarly, you should request any relevant police reports and see any medical specialists required to assist in determining the extent of your injuries. The guidance and counsel of an attorney can prove to be invaluable in these situations as well, since they can assist in handling the collection of pertinent evidence and filing legal documents.

Contact an Ohio Personal Injury Lawyer

 If you or a family member was seriously injured in an automobile collision, truck wreck, crosswalk accident, or any other type of preventable accident, contact Lafferty, Gallagher & Scott, LLC today to schedule a confidential consultation with a dedicated and compassionate personal injury attorney who can help you pursue maximum compensation.










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