How Long Do You Have to Make a Personal Injury Claim?

September 19, 2024 | By Colombo Law

The personal injury statute of limitations is the law that sets the time limit for making a claim. If you have been injured and are considering legal action, it is important to understand how these limits may apply to your claim.

Your best option is always to speak with an experienced Ohio personal injury lawyer to discuss how long you have to make a claim. While some exceptions exist and it may seem like you have plenty of time, waiting to begin the process can make it more difficult to recover the compensation you need and deserve.

At Colombo Law, we are here to help. We will not only help you understand your rights and legal options, but we also pursue maximum compensation for the damages you have sustained. Get in touch with our lawyers today by calling 614-362-7000 for a FREE case review. Our personal injury attorneys serve clients in Columbus and throughout Ohio.

What Is the Personal Injury Statute of Limitations in Ohio?

Ohio law gives you two years from the date of injury to file a personal injury lawsuit. Usually, this statute of limitations is very strict, meaning you will be unable to bring a legal action if these two years elapse.

That said, there are some exceptions to the Ohio’s personal injury statute of limitations:

When the Accident Victim Is a Minor or of Unsound Mind

Section 2305.16 of the Ohio Revised Code (O.R.C.) allows for “tolling” of the statute of limitations for minors and those of an unsound mind. Once a minor turns 18 or a person’s disability is removed, the statute of limitations would begin to take effect.

When an Injury Is Related to Dangerous Chemicals

O.R.C. § 2305.10 states that the statute of limitations for injuries due to chemical exposure does not begin until the person is made aware of their injury or condition by a “medical authority.” This includes—but is not limited to—chemicals such as:

Asbestos
Chromium
In the case of military veterans, agent orange and other herbicides and defoliants
Nonsteroidal synthetic estrogens, including diethylstilbestrol

When a Defendant Is Absent, Concealed, or Imprisoned

According to O.R.C. § 2305.15, if the party responsible is unable to be found or is in prison, the statute of limitations does not begin until they are found or released from prison. The two-year statute of limitations starts on this date.

There are various rules and stipulations that govern how these exceptions apply to various cases. If you were injured through no fault of your own, you should always speak with an attorney as soon as possible—even if you believe one of these exceptions applies.

How Long Does a Personal Injury Claim Take?

Most injury victims bringing legal action against a negligent party ask how long their personal claim may take. It is a good question, though it ultimately depends on a variety of factors:

The complexity of your injury and damages
The number of defendants involved
The total value of your claim
The willingness of the insurance company (or companies) to settle
Your willingness to take your claim to court if an ideal settlement is not reached

While there are specific timeframes for certain parts of the process, such as how long the insurance company has to respond to your claim (15 days) and how long you have to bring a legal action related to the claim (two years), some phases are less predictable.

The important thing is to work with an experienced personal injury attorney who will keep you informed and prepared through each step of the process. You should never feel like you don’t know what to expect next or be taken by surprise.

Why You Should Take Action Now

Regardless of how long your claim should take or how many years you may have to pursue compensation, you should always begin the process as soon as possible. This is crucial for a few reasons:

You may have less time than you assume: While exceptions to the two-year personal injury statute of limitations do apply at times, you should always make that determination with an experienced personal injury attorney. If you assume you qualify for an exception but then later it turns out you do not, you are likely to lose your right to pursue compensation.
Evidence can be lost: As time passes, key pieces of evidence may be lost that could have played an important role in your case. Further, memories can fade, which may make it difficult for you and/or witnesses to recollect key details and keep the facts straight.
It takes time to properly investigate, prepare, and negotiate a claim: For a lawyer to be able to represent you effectively and pursue maximum compensation on your behalf, they need time to perform an investigation, build a case, and work with insurance companies to try to reach a fair settlement.

For various reasons, it may seem appealing or necessary to wait to file a claim. For example, if you do not yet know the full extent of your injuries (including how much they will cost), you may assume that you need to wait to know that number to pursue compensation. Or you may simply prefer to focus on healing from your injuries before taking on the legal battle.

However, delays may do much more harm than good. You do not need to wait until you know the full extent of your damages, and you should not wait until you are fully healed to begin the process. The good news is that your personal injury attorney will handle the heavy lifting for you so you can focus on getting better.

Get Help with Your Personal Injury Claim Today

Honest answers and straightforward legal counsel are two of the many benefits of working with an experienced personal injury lawyer. At Colombo Law, we will also handle the full investigation for you; build your case with testimony and expert witnesses, if applicable; aggressively negotiate with insurance companies to fight for the damages you have sustained; and, if necessary, represent you in a court of law.

We are passionate advocates for accident victims and do everything in our power to help our clients win. If you have a personal injury claim in Columbus or anywhere in Ohio, our lawyers are here to fight for your rights.