Individuals who are seeking to file personal injury lawsuits in Ohio generally have two years to do so. Typically, that window generally starts to close on the day that an accident resulting in harm to the plaintiff occurs. Alternatively, the window may begin to close on the day that a person found out about an incident that led to an illness or injury. For example, an object left in a patient after a surgical procedure may later lead to pain or other negative consequences.
In such a scenario, a plaintiff would likely have two years from the date that he or she learned about the foreign object to file a lawsuit. If a victim was a minor at the time of an accident that caused his or her injuries, that person may have until age 20 to file the lawsuit under Ohio law.
If an individual fails to file a lawsuit before the statute of limitations expires, that person may be barred from doing so at any future date. However, it may still be possible to negotiate a settlement outside of court. In most instances, attorneys handling civil litigation cases will file lawsuits on the day that they are hired to represent their injured clients. It is important to note that there is no guarantee that a trial will take place just because such a step is taken.
Instead, it merely preserves a person’s right to go to trial if settlement talks don’t result in a favorable outcome. Accident victims may be entitled to compensation for medical bills and other damages caused by another person’s negligence. A legal representative may use medical records, witness statements or other forms of evidence to show that a party acted in a negligent manner in causing an accident to occur.