In all states, there are strict laws in place that can hold someone accountable when their recklessness or negligence causes undue harm or death to an innocent person. Under personal injury law, if an at-fault party injures or accidentally takes another person’s life, the injured victim (known as the plaintiff) or their surviving family members (in the case of wrongful death), can file a personal injury claim against the negligent party, whether it’s an individual, a business, a municipality, a contractor, etc.
If it can be proven that the defendant’s (person or business being sued in a personal injury lawsuit) negligence was the proximate cause of the victim’s injuries, the at-fault party can be forced to pay damages for the victim’s medical bills, property damage (if applicable), lost income, pain and suffering, and other losses.
Time Limit for Filing a Personal Injury Claim
In all states, including Ohio, personal injury claims have a shelf life, meaning, they have to be filed within Ohio’s statute of limitations, which refers to the deadline for filing. If a victim delays and they file a personal injury claim after the statute of limitations expires, the court will refuse to hear the victim’s case and they will have no other legal recourse.
So, if you are thinking about filing a personal injury claim because of a car accident, a slip and fall accident, for medical malpractice, nursing home abuse, or for another cause, it’s critical that you do so before the deadline expires.
Each state has its own statute of limitations. Under the Ohio Revised Code, Section 2305.10, the statute of limitations is two years. This deadline not only applies to accidental injuries, but it also applies to intentional acts (known as intentional torts), such as assaults and sexual assaults that occur on public and private properties. The two-year clock starts ticking on the date of the accident or injury.
Note: Even if the plaintiff was the victim of intentional harm; for example, the defendant sexually assaulted the victim on a college campus or assaulted them at a sporting event, and there is a criminal case pending, that does not bar the victim from filing a personal injury claim.
To file a personal injury claim, contact Bridges, Jillisky, Weller & Gullifer, LLC at (937) 403-9033. We proudly represent plaintiffs throughout Ohio.