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Does a Statute of Limitations Apply to My Personal Injury Case?


When you face a personal injury, you deserve all the time it takes to get better before you're forced back to work or asked to live a normal life again. However, you don't have all the time in the world to make a claim. Claims have time limits, and if you're injured, it's important to know how long you have to contact an attorney.

Medical malpractice, which can cause patients personal injuries of many types, is one kind of personal injury claim you should make as soon as possible. Medical malpractice limits are in place to prevent you from seeking damages long after the injury takes place. Medical malpractice cases don't usually go to trial, but you may be able to work out a settlement with the hospital or care provider sooner if you speak up right away.

Ohio has a statute of limitations for claims about medical malpractice. When the time limit presented expires, you have little chance of being able to file a lawsuit except in extreme circumstances. Generally speaking, you'll have one year from the time of the discovery of the injury. You may also only have one year from the time when discovering the injury would have been reasonable. At the very most, you'll have only four years maximum from the initial date of injury. So, if you had surgery on January 1, 2010, the latest you would have been able to file a medical malpractice claim would have been January 1, 2014.

Even if your lawsuit is limited by the statute of limitations, you may want to speak with your attorney. The courts still have debates about the proper time limit, and it may be worth taking your case to court.

Source: The News-Herald, "Law You Can Use: Time limits apply to medical malpractice claims," accessed Oct. 15, 2015