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  4.  | What is the statute of limitations in a personal injury case?

What is the statute of limitations in a personal injury case?

On Behalf of | Dec 20, 2023 | Personal Injury

If you suffer an injury due to the negligence of another person, you may have a personal injury claim. You have the right to bring your case to court, but you have to be aware of the statute of limitations.

The Ohio Revised Code imposes a two-year time limit to bring personal injury claims. This statute of limitations is an important consideration as you move forward with your case.

It’s important to note that there are some exceptions to the two-year window for personal injury cases. For example, the timeframe to bring a medical malpractice claim for survival is one year. In cases where medical malpractice results in a death, the timeframe is two-years, but often even wrongful death actions have a survival component so they should be brought within one-year. Another exception is that for minors, children under the age of eighteen, the deadline to bring a claim is the child’s nineteenth birthday.

The importance

The statute of limitations serves as a safeguard against the passage of time eroding the reliability of evidence and the fairness of proceedings. Without it, individuals could be subject to potential lawsuits indefinitely, leading to injustice and chaos. This mechanism strikes a balance between the pursuit of justice and the need for finality in legal matters.

This temporal constraint also ensures that individuals do not keep potential claims in their back pockets, allowing legal disputes to remain unresolved indefinitely. By imposing this limitation, society prevents the burden of defending against stale claims that lack reliable evidence or witness testimony.

The use

The state imposes the statute of limitations in all cases. However, there are variations depending on the situation. For example, if the person who wishes to bring the claim is a minor, the time limit may be extended until he or she is an adult and can bring the case to court.

The statute of limitations is a vital pillar of the legal system, serving to strike a delicate balance between the pursuit of justice and the need for finality. It safeguards the rights of both plaintiffs and defendants. Understanding its intricacies and adhering to its constraints is essential for anyone engaged in legal matters.