Statute of Limitations for Personal Injury Cases in Ohio [2025 Guide]

In Ohio, most personal injury lawsuits and civil cases have a two year statute of limitations from the date of injury, as outlined in Ohio Revised Code § 2305.10(A).

This means that the injured party must file their lawsuit within two years or risk having their case dismissed, forfeiting their right to recover compensation.

This rule applies to cases involving car accidents, slip and falls, workplace injuries, and other negligence-based claims.

However, certain exceptions exist that can extend or shorten the filing deadline.

For example, if the injury is not immediately apparent—such as in toxic exposure cases or medical malpractice claims—the discovery rule may apply, allowing the statute of limitations to begin when the injury was reasonably discovered rather than when it occurred.

Claims involving minors follow a different timeline, as the two-year clock does not start until the child’s 18th birthday, meaning they may have until they turn 20 years old to file.

If the claim is against a government entity, such as a city or state agency, injury victims may have as little as six months to file a formal notice of claim, depending on the case.

Wrongful death claims in Ohio must be filed within two years from the date of death, not the date of injury.

Because these deadlines vary based on the circumstances of the case, consulting with a personal injury lawyer is crucial to ensuring a lawsuit is filed on time.

Ohio Statute of Limitations for Personal Injury Cases:

• General personal injury cases – 2 years from the date of injury (Ohio Revised Code § 2305.10(A))
• Medical malpractice cases – 1 year from the date of injury or discovery of harm (Ohio Revised Code § 2305.113(A))
• Injuries to minors – 2 years from the victim’s 18th birthday (Ohio Revised Code § 2305.16)
• Wrongful death claims – 2 years from the date of death (Ohio Revised Code § 2125.02(D))
• Claims against government entities – Varies, but may require notice within six months (Ohio Revised Code § 2744.05)
• Toxic exposure cases – May follow the discovery rule, allowing filing when the harm is reasonably discovered

Exceptions to the Personal Injury Statute of Limitations in Ohio

While Ohio law generally sets a two-year deadline for filing claims relating to car accident cases and other personal injury lawsuits, certain exceptions can extend or alter this timeframe.

These exceptions exist to account for situations where the injured party was unable to discover their injury right away or was legally unable to file a claim at the time of the incident.

Understanding these exceptions is critical, as failing to file within the correct period can result in losing the right to seek compensation.

The Discovery Rule

One major exception is the discovery rule, which applies in cases where an injury is not immediately apparent.

This rule allows the statute of limitations to begin when the victim reasonably discovers the harm, rather than when the accident actually occurred.

This is common in toxic exposure cases, where symptoms may develop years after exposure, and in some medical malpractice claims, where a doctor’s error might not be immediately known.

For Minors Who are Injured and Those Who Are Incapacitated

For injured minors, Ohio law delays the statute of limitations until the victim turns 18 years old. This means that a child injured in an accident may have until their 20th birthday to file a claim.

Similarly, if an injury victim is deemed legally incapacitated due to serious injuries or being deemed mentally incompetent, the statute of limitations may be paused until they regain the ability to file a lawsuit.

Fraudulent Concealment

Another exception applies when a defendant fraudulently conceals their role in causing the injury.

If the at-fault party actively misleads the victim or withholds key information, the statute of limitations may be paused until the fraud is uncovered.

Additionally, wrongful death claims follow a different timeline, starting from the date of death rather than the date of injury.

Personal Injury Cases Involving Government Entities

Cases involving government entities often have much shorter deadlines than standard personal injury claims.

For example, claims against the State of Ohio or a city government may require a formal notice of claim within six months or less, depending on the agency involved.

Missing this deadline can result in losing the ability to recover damages.

The statute of limitations is one of the most critical factors in personal injury cases, as it determines how long an injured person has to take legal recourse against the at-fault party.

In Ohio, victims of car accident claims, slip and falls, medical malpractice, and other civil claims generally have two years from the date the injury occurs to file a lawsuit.

If a claim is not filed within this time frame, the injured party loses the right to pursue compensation for medical expenses, lost wages, and pain and suffering.

Insurance companies and defendants frequently use the statute of limitations as a defense in legal disputes, seeking to dismiss lawsuits that are filed after the deadline.

This is especially true in car accident claims, where insurers look for any reason to deny payouts, even when injuries sustained are severe.

Additionally, wrongful death lawsuits have the same two-year filing deadline, but that period starts on the date of death, not the date of injury, which can sometimes create confusion for surviving family members.

Acting quickly after an accident is important, as waiting too long can make it harder to collect evidence, secure witness testimony, and build a strong case.

An experienced attorney can help ensure the case is filed within the required car accident statute or personal injury deadline, preserving the victim’s right to pursue compensation.

Even if negotiations with an insurance company seem promising, victims should not delay filing, as civil claims must be formally submitted before the statute of limitations expires.

Understanding and following Ohio’s statute of limitations is essential for protecting your legal rights and securing the compensation you deserve.

Filing a lawsuit within the time limits set by Ohio law is crucial, as missing the deadline means you will generally lose your right to seek compensation.

The limitation begins on the date the injury occurs, but in some cases, certain periods may allow exceptions, such as when the harm is discovered later.

While Ohio follows a two-year statute of limitations for motor vehicle accidents and most personal injury claims, some states extend their deadlines for specific circumstances, like injuries to minors or cases involving fraudulent concealment.

Acting in a timely manner is important because waiting too long can weaken a case—witness memories fade, evidence may be lost, and the responsible party may dispute liability.

Victims should also be careful not to admit fault after an accident, as insurance companies can use these statements against them.

Taking prompt legal action by consulting an attorney and preserving evidence early on helps ensure that all filing deadlines are met.

Steps to take to protect your right to file a claim include:

1. Seek medical attention immediately
2. Document injuries and medical treatments
3. Gather evidence from the accident scene
4. Obtain contact information from witnesses
5. Avoid admitting fault to anyone
6. Keep records of all expenses and losses
7. Notify the responsible party’s insurance company
8. Consult a personal injury lawyer as soon as possible

Seek Medical Attention

Getting medical care immediately after an accident is critical for both your health and your legal case.

Medical records serve as key evidence to prove the extent of your injuries and their connection to the accident.

Delaying treatment can allow the responsible party or their insurance company to argue that your injuries were not serious or were caused by something else.

Document Injuries and Medical Treatments

Keeping detailed records of all medical treatments, prescriptions, and rehabilitation helps establish the financial impact of your injuries.

Photographs of visible wounds, bruises, or surgical procedures provide visual evidence of the harm suffered.

Consistent documentation prevents disputes over medical expenses and supports claims for pain and suffering damages.

Gather Evidence

Photographs and videos of the accident scene, property damage, and any hazardous conditions can be crucial in proving liability.

Police reports, surveillance footage, and physical evidence, such as torn clothing or damaged personal items, strengthen a claim.

Preserving this evidence early helps counter any attempts by the responsible party to deny fault.

Obtain Contact Information from Witnesses

Witnesses can provide valuable testimony about what happened, especially in cases where the at-fault party disputes liability.

Collecting names, phone numbers, and written statements as soon as possible ensures that their accounts are preserved while details are fresh.

Witnesses who support your claim can be critical in settlement negotiations or court proceedings.

Avoid Admitting Fault

Even casual apologies or statements like “I didn’t see them” can be misconstrued as admitting fault and used against you.

Insurance adjusters and opposing attorneys often look for ways to shift blame, reducing or denying claims.

Instead, focus on gathering facts and let an experienced attorney handle liability discussions.

Keep Records of All Expenses and Losses

Maintaining copies of medical bills, lost wages, transportation costs, and out-of-pocket expenses helps prove the monetary damages you have suffered.

Journaling daily pain levels, emotional struggles, and limitations in daily activities can also support claims for non-economic damages like pain and suffering.

Keeping a detailed financial record ensures you seek the full compensation you deserve.

Notify the At-Fault Party’s Insurance Company

Informing the responsible party’s insurance provider about the accident is necessary, but be cautious with what you say.

Insurance adjusters may try to limit payouts by downplaying injuries or shifting blame.

Consulting an attorney before making any formal statements helps protect your legal rights.

Contact an Experienced Personal Injury Attorney

An experienced personal injury lawyer ensures that you meet legal deadlines, gather strong evidence, and negotiate effectively with insurance companies.

They evaluate the time limits in your case and determine if any exceptions apply.

Seeking legal representation early increases the chances of obtaining fair compensation for your losses.

To qualify for a personal injury claim in Ohio, you must prove that another party’s negligence or wrongful actions caused your injuries.

The responsible party must have owed you a legal duty of care, breached that duty, and directly caused the harm you suffered.

You must also show that you sustained measurable damages, such as medical expenses, lost wages, or pain and suffering.

Ohio law generally requires personal injury claims to be filed within two years from the date of the accident, though some exceptions may extend this deadline.

Claims involving government entities, toxic exposure, or injuries to minors may have different filing rules.

Consulting a personal injury lawyer can help determine if you meet the legal criteria to file a lawsuit and pursue compensation.

If you or a loved one suffered injuries due to someone else’s negligence, taking legal action within Ohio’s statute of limitations is essential to protecting your rights.

The Piscitelli Law Firm is committed to helping injury victims recover the compensation they deserve for medical expenses, lost wages, pain and suffering, and other damages.

We provide personalized legal guidance, making sure that every client’s case is handled with the attention and strategic advocacy it requires.

Whether your case involves a car accident, medical malpractice, workplace injury, or wrongful death claim, our firm is prepared to fight for you.

Don’t wait until it’s too late—contact us today for a free consultation.

We will review your case, explain your legal options, and take prompt legal action to protect your claim.

Call now or use the chat feature on this page for a free case evaluation.