After an accident, you have a limited amount of time to file a claim. Known
as the statute of limitations, these laws determine how much time you
have to take action after you’ve been injured or have discovered
you are injured. If you do not file within these deadlines, you may lose
the chance to recover compensation. There are many details that can affect
the time limits to your claim.
The Date of Injury vs. the Date of Discovery of Injury
The statute of limitations for a claim lays out a deadline for filing your
claim after the date of your injury or the date you discovered you were
injured. This difference can be very important, since it can allow you
to make a claim in situations where the specific date of injury isn’t clear.
If you were injured in an accident, such as a car accident or a work accident,
the date your injury was sustained may be obvious. In these cases, the
deadline is based on the date you were injured, or reasonably should have
realized you were injured. It is important to see a doctor after any accident
to receive a full examination and diagnosis of any injuries. Doing so
can help you establish when you are eligible to file a claim.
Some injuries may take longer to appear, and so it is important to understand
the “discovery of harm” rule. This rule allows patients who
were unaware of their injuries at the time the injury occurred to still
have a fair chance to file a claim for personal injury. If you were injured
during a surgery and didn’t learn about it until years later, or
were exposed to a toxic substance that later caused illness, you may still
will be able to make a claim. If you didn’t discover that you were
injured until much later, the statute of limitations should begin after
you have been diagnosed by your doctor as injured or ill.
The Statue of Limitations in Ohio
Each state has its own limits on personal injury claims, and Ohio is no
exception. In Ohio, the time limit will depend on the type of case you
are filing and how you were hurt.
Personal injury claims, including car accident claims, must be filed within
2 years of the accident. If you were injured by prescription drugs or chemicals, you have
2 years from the date of diagnosis.
If you are injured by a product, you have
2 years from the date of injury or from when you should have reasonably known you were injured. There are
exceptions to this statute of limitation, so it is important to discuss
your case with an experienced products liability attorney at Rourke &
If you were injured by your physician or other medical professional, you
can file a medical malpractice claim within
1 year of the date of injury. There are exceptions to this statute of limitation, so be sure to speak
to a qualified medical malpractice attorney at Rourke & Blumenthal.
If you were injured on someone else’s property due to negligent maintenance, you have
2 years from the date of injury to file a claim. You may also be able to file a claim against the owner,
builder, architect, or engineer of buildings or structures on the property.
Again, there are exceptions to this time limit, so you will want to consult
with a premises liability attorney at Rourke & Blumenthal.
In Ohio, the statute of limitations does not begin to run for children
until they reach the age of 18. For example, a child injured in a car
accident has until their 20th birthday (18+2) to file a personal injury claim. Similarly, a child injured
as a result of medical negligence has until their 19th birthday (18+1) to file a medical negligence claim.
Get Help with Your Personal Injury Claim - (614) 321-3212
At Rourke & Blumenthal, we are ready to help you tackle your personal
injury claim. Backed by more than 75 years of collective legal experience,
we can help you recover the compensation you deserve for your injuries.
Our Columbus personal injury attorneys are proven effective, and will
work tirelessly for your case.
Contact our officer to request a free case evaluation. Call (614) 321-3212 today.