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25 May

What is the statute of limitations and how does it affect me?

The statute of limitations is a running clock on your right to file your personal injury claim in Ohio.  If the clock runs out, so does your right to compensation for your injuries.  If you’ve been involved in a slip and fall, traffic accident, or workplace incident then you might be considering seeking help from an attorney and filing a lawsuit.  The statute of limitation puts a time limit on your right to file a lawsuit in court.  In Ohio, the personal injury statute is two years, and that two years starts when your injury happens, or your property damage occurs.

Why is statute of limitations important?

If more than two years have passed since your accident, then your chances of getting your case before the court is pretty much nonexistent—there are only a few, rare, exceptions to this rule.  If the two years has passed and you try to file your lawsuit anyways, the person you are trying to sue will likely file a “motion to dismiss” and the court will likely dismiss your case.  It doesn’t matter how significant your injuries might be or how obvious the defendant’s liability is, once that two years has passed you’ve lost your right to ask the court for damages. It is important to keep in mind that not every claim is subject the that two-year rule.  For example, any medical malpractice claims must be brought within a year of the alleged malpractice.  If you have a claim you want to bring, it is important you speak with an attorney promptly.  A knowledgeable and experienced attorney will be able advise you of the time you have before the statute runs, what statute is applicable to your situation, and what to do when the statue is getting close to running.

Contact an experienced Ohio attorney now!

If you have a claim you are thinking about bringing before the court, but aren’t sure about the statute of limitations, then it’s worth reaching out to an experienced attorney.  The attorneys at Tompkins, Selph & Associates have the knowledge necessary to guide through the resolution of your case and to make sure that everything is handled on your case before the statute of limitations runs. Don’t wait – contact us now!

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