One of the most common questions car accident victims ask is about timing: how long do I have to file a lawsuit after the accident? Understanding the statute of limitations for car accidents in Ohio is crucial because missing this deadline can permanently bar you from seeking compensation, regardless of how strong your case might be. Here, we help car accident victims understand how long they have to sue after a car accident in the state of Ohio.
The Basic Car Accidents Statute of Limitations in Ohio: Two Years to File
Under Ohio law, you generally have two years from the date of the car accident to file a personal injury lawsuit. This statute of limitations applies to most personal injury claims arising from motor vehicle accidents. However, there are important exceptions that can affect the time to sue after a car accident in Ohio, so it’s important not to wait to seek legal counsel if you believe you have a case.
Special Rules for Minors
The statute of limitations works differently for children injured in car accidents in Ohio. If a minor is injured, they have until age 20 to file a lawsuit, regardless of when the accident occurred. This means a child injured at age 5 would have until age 20–giving them 15 years rather than the standard two-year timeframe.
However, this extended timeframe only applies to liability claims against the other party. When it comes to using your own insurance coverage, different rules apply. Uninsured/underinsured motorist claims are typically governed by policy language, which usually provides three years to file a claim, even for minors. This creates a situation where a child might have until age 20 to sue the other driver, but only three years to file a claim under their own policy.
The Out-of-State Exception
One lesser-known exception can extend the time to sue after a car accident in Ohio: if the defendant spends time out of state, the statute of limitations can be “tolled” (paused) for those days. For example, if the other driver was on vacation in Florida for five days during the two-year period, you might have an additional five days beyond the normal deadline to file your lawsuit.
This exception exists because the law requires defendants to be available for service within the state. However, recent Ohio Supreme Court decisions have limited this exception for certain types of cases, and the rules continue to evolve. It’s imperative to seek legal counsel to understand all your options when filing a claim.
Why Waiting Is Dangerous Despite the Time to Sue After a Car Accident in Ohio
Even though you may have two years under the statute of limitations for car accidents in Ohio, waiting to take action can seriously harm your case in several ways:
Evidence Deterioration
Physical evidence at accident scenes deteriorates quickly. Skid marks fade, debris is cleared, and damage to roadways or property is repaired. The sooner you begin building your case, the more evidence will be available.
Witness Memory Issues
Witnesses’ memories fade over time, and people move away or become harder to locate. Getting witness statements promptly after an accident ensures you capture the most accurate recollections.
Surveillance Footage
Most businesses and traffic cameras only retain footage for a limited period, often just 30 days. If you wait too long, crucial video evidence may be automatically deleted.
Medical Documentation
Delaying medical treatment can be used against you by insurance companies, who will argue that you weren’t really injured since you didn’t seek immediate care. Starting treatment and legal action promptly creates a clear timeline connecting your injuries to the accident.
Spoilation Letters
Attorneys can send preservation letters to prevent the destruction of evidence, but this needs to happen quickly after an accident. These letters can preserve crucial evidence that might otherwise be lost.
The Reality of Building a Strong Case
While you may have up to two years to file a lawsuit, building a strong case requires immediate action. Prompt action gives your attorneys ample time to investigate thoroughly, gather all available evidence, and build the strongest possible case. Having enough time to investigate and build a case is crucial, especially in more complex cases like multi-vehicle accidents. Insurance companies also take cases more seriously when they see that victims have acted quickly and professionally from the beginning.
Don’t Wait Until the Last Minute–Contact an Experienced Attorney Now
If you’ve been injured in a car accident in Ohio, don’t assume you have plenty of time to decide what to do. Contact Chester Law Group as soon as possible to protect your rights and ensure no crucial evidence is lost while you’re considering your options. Remember, the time to sue after a car accident in Ohio may be two years, but the time to start protecting your case is immediately.