In Ohio, the statute of limitations for filing a truck accident lawsuit is typically two years from the date of the accident. This means you have two years to file a claim for personal injury or wrongful death resulting from the crash. Failing to meet this deadline can result in losing your right to seek compensation for your losses.
There are limited exceptions, such as cases involving minors or when the at-fault driver leaves the state, but these are rare. To protect your claim, act quickly and consult a Toledo truck accident lawyer who can help file all your paperwork on time.
What is the Statute of Limitations?
The statute of limitations is a legal deadline that determines how long you have to file a lawsuit after an incident, such as a car or truck accident. The clock starts ticking from the date of your injury.
This time limit varies depending on the type of claim and the laws of the state where the incident occurred. After reviewing the details of your case, an experienced personal injury lawyer in Toledo can tell you exactly how much time you have.
What Happens if You Miss the Deadline?
Once this two-year window closes, the court typically will not allow claims to be filed, effectively barring you from seeking legal recourse for your injuries. This means that if you try to initiate a lawsuit after the deadline has passed, the court is likely to dismiss your case without consideration of its merits.
The consequences of missing this deadline can be significant, particularly if you have incurred substantial expenses due to your injury. For example, medical bills can accumulate quickly, and if your injuries prevent you from working, you may face further financial hardships. Without the ability to file a lawsuit, you may find yourself unable to hold the responsible party accountable.
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Ohio’s Statute of Limitations for Personal Injury Lawsuits
The deadline for a personal injury settlement after a truck accident is usually two years, according to Ohio Rev. Code § 2305.10(A) (2024). This means that you typically have two years from the date of the collision to file a lawsuit in Ohio. However, the unique details of your case may impact how much time you actually have.
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The Deadline for Wrongful Death Lawsuits
If you lost a loved one in a fatal truck accident, you have a limited time to take legal action. A wrongful death lawsuit must usually be filed within two years from the time of death. However, some circumstances can impact the statute of limitations.
For example, if surviving family members discover only at a later date that the death was caused by someone else’s negligent or wrongful actions. Speak to an experienced wrongful death lawyer in Toledo to learn more about the statute of limitations for your truck accident settlement.
Exceptions from the Standard Statute of Limitations
While the standard statute of limitations for truck accident settlements in Ohio is usually two years, there can be exceptions to this rule. An experienced personal injury attorney will determine if any exceptions apply based on the specific details of your case.
Legal Disability
This exception applies when the injured person is considered legally incapable of filing a lawsuit on their own, such as being under 18 years old or being mentally incapacitated at the time of the injury.
For minors, the statute of limitations begins on their 18th birthday (or sooner if they become emancipated), giving them two years to file a claim after reaching adulthood. For those with mental incapacities, the clock starts when they are no longer considered legally disabled.
The Defendant Leaves the State
In Ohio, if a defendant leaves the state after causing an injury but before a lawsuit is filed, the time they are absent does not count toward the statute of limitations. This means the clock is effectively paused during the period the defendant is out of state. This exception ensures that plaintiffs are not unfairly prevented from pursuing legal action due to the defendant’s absence.
For example, if a defendant is gone for one year, that year is added to the two-year statute of limitations for personal injury cases, giving the plaintiff additional time to file. This rule helps ensure that justice can still be sought, even when the defendant is temporarily unavailable.
The Discovery Rule
The discovery rule is an exception to Ohio’s statute of limitations that applies when an injury or harm is not immediately apparent. Under this rule, the statute of limitations begins when the injury is discovered or should have reasonably been discovered rather than on the date the harm occurred.
This exception is often relevant in cases involving medical malpractice, toxic exposure, or latent injuries where the effects take time to surface. It is unlikely that this exception will apply to your truck accident case, but consult a lawyer to find out for sure.
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File for a Truck Accident Settlement within the Statute of Limitations
Work with an experienced truck accident attorney to make sure that all the documents are filed on time. The sooner you get legal representation, the more time your lawyer has to work on your case.
Groth & Associates has been handling personal injury cases for over a combined 100 years. Call us today to schedule a free initial consultation and discuss how much time you have to seek a settlement.
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