Like many states, the deadline in Ohio to file a lawsuit against another person or entity for injuries they caused depends on the nature of the injury. This deadline is referred to as the statute of limitations. The purpose for the statute of limitations is at least twofold: first, it helps to ensure evidence is not lost over time such that a person being sued (i.e., a defendant) cannot effectively defend him- or herself against the claim; and second, it incentivizes a person suing another to pursue his or her valid claim diligently.
In Ohio, if the injury was a result of negligence (i.e., someone’s unreasonable or careless conduct-as opposed to an intentional act), the injured party has two years from the date of the negligent act to file a lawsuit against the responsible party. Our firm handles many of these claims, which include car accidents, motorcycle crashes, and truck-driving accidents.
As a general rule, if the injury was caused by medical malpractice, the injured party has only one year from the date of the injury. These types of lawsuits involve claims against physicians, nurses, emergency medical personnel, or claims arising out of the medical diagnoses, care, or treatment of any person.
What about injuries based upon intentional or wrongful acts? These types of claims may involve injuries resulting from sexual abuse or a physical assault. The statute of limitations for these types of claims is one year from the date of the incident or from the date the injured person learns of the identity or should have learned of the identity of the wrongdoer.
If the injured party is a minor, despite the above statute of limitations deadlines for the various types of claims, the minor has until age 21 to file a lawsuit against the at-fault party for the negligent act. If the injured party is a minor suing for damages resulting from childhood sexual abuse, the injured party has until age 30 to file the lawsuit.
If you or someone you know has been injured by someone’s negligent or intentional conduct, do not wait. You could be time-barred from filing a lawsuit for compensation to which you are entitled. Contact an experienced attorney at Rittgers Rittgers & Nakajima for your free consultation at 513-496-0134.
Also, feel free to visit www.rittgers.com for more information about our firm.