Wooden judge's gavel resting on a book beside a small sign reading "STATUTE OF LIMITATIONS.

Understanding Ohio’s Statute of Limitations for Car Accident Claims

When you sustain injuries in a car accident caused by another driver’s negligence, you may have a legal claim against them. However, knowing what to do after you get hurt in a car accident in Ohio can help you prepare and file a car accident claim on time, ensuring that you preserve your right to seek financial compensation for your injuries and losses. In particular, understanding how the statute of limitations affects when you must file your car accident claim will ensure that you get to seek accountability from those responsible for the crash and your losses. 

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Understanding the Statute of Limitations

The statute of limitations places a deadline on filing a lawsuit to pursue a civil action against another party. After the statute of limitations runs out on a claim, the defendant(s) in the lawsuit can file a motion to dismiss the case, regardless of the merits of the plaintiff’s claim. 

Statutes of limitations serve several vital purposes. First, they prompt people with legal claims to bring them soon after their cause of action accrues, ensuring the availability of evidence and fresh witness memories. Waiting too long to file a lawsuit may result in the loss of critical evidence or in people’s memories fading. The statute of limitations also provides finality for parties who may bear liability in civil actions. Once the statute of limitations has passed, a person who may bear liability for a car crash can rest assured that they no longer have any financial obligation to an allegedly injured party.

Ohio’s Statute of Limitations for Car Accident Claims

Ohio law imposes a two-year statute of limitations for injury and property damage claims arising from car accidents. In most cases, this two-year deadline begins on the date of the car accident. 

Statute of Limitations for Wrongful Death Car Accident Claims

In Ohio, a two-year statute of limitations also applies to wrongful death claims arising from a car accident. However, the two-year limitations period for a wrongful death claim begins on the date of the decedent’s death, not on the date of the car accident. As a result, the family of a person who dies from injuries sustained in a car crash may have longer than two years from the accident to file a wrongful death lawsuit if the decedent survived for a limited time before ultimately succumbing to the injuries they suffered in the accident. 

Exceptions to Extend the Statute of Limitations

Various exceptions can “toll” (extend) the statute of limitations for car accident claims in certain circumstances, such as:

lawyer working on a documents
  • Minors: The statute of limitations for a minor child’s injury claim does not begin until the minor turns 18 and becomes legally able to file a lawsuit themselves, although a minor’s parent or guardian can file a lawsuit on their behalf before the child turns 18.
  • Incapacity: A court may toll the limitations period for a claimant who suffers mental or physical incapacity that renders them unable to bring their claim.
  • Concealment: Courts may also toll the statute of limitations in cases where defendants attempt to conceal their identity (such as in hit-and-run accidents) or actively evade efforts to locate them to serve process in a lawsuit.

Contact Our Car Accident Attorneys Today

After you suffer injuries and property damage in an Ohio car accident, you have a limited time to pursue legal claims against those responsible for the crash and the losses you’ve sustained as a result. Contact Kitrick, Lewis & Staley-Sladek Co., L.P.A. today for a free, no-obligation consultation with a motor vehicle accident lawyer to learn more about the deadlines for filing a car accident claim in Ohio and discuss how our firm can help you start your case on time to preserve your right to seek compensation.