PERSONAL INJURY FAQS

Under the Ohio statute of limitations for personal injury, you generally have two years from the date you are hurt to file a lawsuit. This personal injury FAQ explains the exceptions, the other rules that shape a claim, and what to ask the Ohio personal injury lawyers you consider.

How long do I have to file a claim under the Ohio statute of limitations for personal injury?

For most injury claims, Ohio law says an action for bodily injury must be brought within two years after the cause of action accrues. In a typical car crash or fall, that clock starts on the day the injury happens, not the day you finish treatment or the day an insurance company stops returning your calls.

That window can close faster than people expect. Even if you plan to settle, gathering medical records and evidence takes time, so it helps to speak with a lawyer early.

What are the exceptions to the statute of limitations in Ohio?

Yes. Some kinds of claims follow different deadlines from the general rule:

Because the exceptions turn on specific facts, do not assume you have more time than the general rule allows. An attorney can look at the date and the type of claim and tell you which deadline applies.

What should I do right after an accident?

Right after an accident, take these steps as soon as you are able, starting with your safety and your health:

  1. Call 911 and stay at the scene so police can file a report.
  2. Get medical care, even if you feel fine. Some injuries show up later, and a prompt record links the injury to the accident.
  3. Collect names and contact details for the other people involved and any witnesses.
  4. Note the date, time and location, and take photos of injuries, vehicles and the scene.
  5. Speak with a lawyer before you give the other side’s insurance company a recorded statement.

That last step matters because an insurer’s questions are designed to protect the insurer. A short conversation with our team first helps you understand what you are being asked to agree to.

What if I think I was partly at fault?

Do not assume you have no claim. Under Ohio’s comparative negligence rule, your own fault does not bar recovery if it was not greater than the combined fault of the others involved, and the court then reduces your damages by your percentage of fault. If your share is greater than everyone else’s combined, recovery is barred.

For that reason, avoid telling an insurance adjuster that the accident was your fault. Fault is often shared and disputed, and it is decided on the evidence.

What damages can I recover?

An injury claim can include medical bills, lost wages, the cost of rehabilitation and future care, property damage, and compensation for pain and suffering. The value of a claim depends on the medical expenses, how long recovery takes, whether the injury is permanent, the insurance coverage available and how fault is divided.

Ohio also limits one category. In a car crash or fall case, noneconomic damages are capped at the greater of two hundred fifty thousand dollars or three times economic loss, up to three hundred fifty thousand dollars for each plaintiff or five hundred thousand dollars for each occurrence, but the cap does not apply to permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system, or to a permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life-sustaining activities. Our article on damage caps in Ohio goes deeper.

What is negligence?

Most injury claims rest on negligence: the other person failed to use reasonable care and that failure caused your harm. Every driver owes others on the road a duty to drive with care, so a driver who speeds through a red light and hits another car may be found negligent. To succeed, you generally need to show a duty, a breach of that duty, that the breach caused your injury, and that you suffered losses.

How long will my case take, and will it go to trial?

A personal injury case can take anywhere from a few months to a few years. Timing depends on the type of case, how serious the injuries are, whether the other side accepts responsibility and how busy the court is. Many cases resolve through negotiation, and we prepare each one as if a judge or jury may need to decide it.

Will I pay legal fees if I do not win?

Our firm handles personal injury cases on a contingency basis. If there is no recovery, there is no fee. Call us to schedule a no-cost, no-obligation consultation so we can look at your situation and your deadline.

Questions to ask a personal injury lawyer

Meeting a lawyer is easier when you arrive with questions. These are worth asking anyone you consider hiring:

  • Who will work on my case, and how often will I hear from them?
  • Which deadline applies to my claim, and when does it run out?
  • How do you handle fees and case costs, and what do I owe if there is no recovery?
  • What are the strengths and weaknesses of my case?
  • What happens if the insurance company disputes who was at fault?
  • Do you expect to settle, and are you ready to go to court if needed?

Where can I get help in Youngstown and across Ohio?

ASP&S is a personal injury law firm with one office, at 21 N. Wickliffe Circle in Youngstown, and helps injured people in Youngstown and across Ohio. If you are looking for a car accident lawyer near you, or for help after a dog bite or the death of a family member, our personal injury lawyers in Youngstown can review your case and your deadline.

Call 330-792-6033 to schedule your no-cost, no-obligation consultation, or use our contact form.

This page is general information, not legal advice. Reading it does not create an attorney-client relationship.

Anzellotti, Sperling, Pazol & Small
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