Ohio Personal Injury Laws and Statutes of Limitations

You probably found your way here because you've been injured in Ohio. Perhaps you were rear-ended in traffic. Or a careless doctor hurt you. Or you took a fall on a neighbor's icy sidewalk.

You're thinking about an insurance claim or a personal injury lawsuit. But you have questions. Where do I file my case? How much time do I have to sue? I was injured by a state government employee. Can I sue Ohio for my injuries? What if I'm partly to blame for what happened?

Starting with Ohio's personal injury statutes of limitations, we'll answer these questions and more.

What's the Personal Injury Statute of Limitations In Ohio?

A "statute of limitations" is a law that limits your time to file a lawsuit in court. Try to sue after the limitation period has expired and your case likely will be dismissed. You've lost the right to recover compensation ("damages," in the language of the law) for your injuries, no matter how serious or disabling they might be.

Because the statute of limitations is a claim killer, there's no room for error. When you've been injured and you're considering a lawsuit, one of your first questions should be: "How long do I have to file my case?" We begin with Ohio's personal injury two-year general rule.

Ohio's General Rule: Two Years From the Date You're Injured

For most Ohio personal injury cases, you have two years—starting on the date you're hurt—to file your case in court. (Ohio Rev. Code § 2305.10(A) (2024).) You might get more time if you were injured by a dangerous product or a chemical. Ask your lawyer for details.

What lawsuits are covered by this rule? Here's a partial list of the most common:

• car accidents, including passenger, pedestrian, motorcyclist, and bicyclist claims
• dog bites
• slip-and-fall and similar claims, and
• injuries resulting from dangerous or defective products.

Other Ohio Personal Injury Statutes of Limitations

Ohio's two-year statute isn't a one-size-fits-all rule. Here are some other statutes of limitations that cover specific kinds of cases.

Intentional torts. When you're hurt by someone's deliberate or purposeful misconduct, the law calls it an "intentional tort." Two Ohio statutes of limitations might be involved in your case.

If you were injured by an assault or a battery, Ohio Rev. Code § 2305.111(B) (2024) requires that you sue within one year from the date you were hurt. But what if you don't know who attacked you? In that event, the one-year clock starts on the earlier of:

• the date you identify your assailant, or
• the date you should have identified your assailant, had you done a reasonably diligent investigation.

Ohio Rev. Code § 2305.11(A) (2024) allows you one year, usually from the date of your injury, to file a lawsuit for:

• defamation
• false imprisonment, or
• malicious prosecution.

Medical malpractice. You have just one year—most often from the date of your malpractice-related injury—to sue a health care provider for medical malpractice.

When you don't discover the malpractice right away, the one-year deadline runs from the earlier of the date you discover or should have discovered your injury and what caused it. (See Oliver v. Kaiser Cmty. Health Found., 5 Ohio St. 3d 111, 117-18 (1983).) After reviewing the facts, your lawyer can tell you whether this "discovery rule" might apply in your case.

Note, importantly, that Ohio puts a deadline on how long you have to discover the malpractice. The latest you can file suit is four years from the date of the malpractice, regardless of when (or if) you find out about it.

(Ohio Rev. Code § 2305.113 (2024).)

Wrongful death. When personal injuries result in death, the victim's surviving relatives might decide to file an Ohio wrongful death lawsuit. The filing deadline is two years from the date of death. (Ohio Rev. Code § 2125.02(F)(1) (2024).) Different deadlines might apply when:

• death is caused by a dangerous product, or
• the survivors don't discover, until a later date, that the death was caused by someone's unlawful conduct.

Speak to an Ohio wrongful death lawyer for advice specific to your case.

Extending Ohio's Personal Injury Filing Deadline

There can be circumstances when letting the statute of limitations run is simply unfair. In those situations, Ohio law might give you more time to file suit. Here are three of the most common examples.

The discovery rule. As discussed above, Ohio's discovery rule might extend the filing deadline when you don't learn of your injury right away. When the discovery rule applies—and it won't apply in all (or even most) cases—the statute of limitations begins running on the earlier of:

• the date you discover your injury and its likely cause, or
• the date you should have discovered your injury and its likely cause.

(See Burgess v. Eli Lilly & Co., 66 Ohio St. 3d 59, 60-61 (1993).)

Before you rely on the discovery rule, speak to an Ohio personal injury lawyer. The defendant (the party you're suing) is certain to object to you getting more time. And Ohio courts are understandably reluctant to extend statutory filing deadlines. You'll need experienced legal counsel to represent you and make your arguments to the court.

Injured person is legally disabled. Because legally disabled persons usually can't manage their own legal affairs, they often get more time to sue. For purposes of its statutes of limitations, Ohio considers minors (those younger than 18) and persons found to be of "unsound mind" as legally disabled.

When a legally disabled person suffers a personal injury, the statute of limitations clock doesn't start running until the disability is removed. For a minor, the date of removal is their 18th birthday or, if sooner, the date a court declares them legally emancipated. In the case of a person of unsound mind, the disability is removed when they're found to be mentally competent.

If a person is injured and later is declared to be of unsound mind, the disability "tolls" (pauses) the statute of limitations until they're found to be mentally competent.

(Ohio Rev. Code § 2305.16 (2024).)

Defendant leaves Ohio or goes into hiding. When the defendant lives outside of Ohio, flees the state, or goes into hiding in the state, the statute of limitations might not run. (Ohio Rev. Code § 2305.15(A) (2024).) But here too, you'll want legal advice before relying on this extension. Here's why.

In Bendix Autolite Corp. v. Midwesco Ents., Inc., 486 U.S. 888 (1988), the United States Supreme Court declared this statute unconstitutional when applied to non-Ohio corporations. It might also be unconstitutional when applied to nonresident individuals. Long story short: The only way to know if this extension might help is by talking to an Ohio lawyer about the facts of your case.

What If I Miss the Ohio Deadline for Filing a Personal Injury Lawsuit?

If you're worried that the statute of limitations for your case has expired (or will very soon), try not to panic. Contact an Ohio personal injury attorney right away. Here's what you should ask.

• What is the statute of limitations for my personal injury claim?
• Has the filing deadline passed, or is it about to run out very soon?
• If the time to file has expired (or will very soon), is there an extension that might give me more time?

Lawyers are trained to favorably argue the facts of a client's case. When there's a good faith argument that you should have longer to file, an attorney is going to spot it. It might be a long shot, but a slim chance is better than none.

Now for the bad news. When the limitation period has run out and no extension is available, your injury claim is dead. Nothing you do will bring it back to life. File a lawsuit and the court will dismiss it. The defendant won't negotiate a settlement of your claim, because you no longer have a claim. You've lost the chance to get damages for your injuries.

Where Do I File My Ohio Personal Injury Lawsuit?

The Ohio court where most personal injury cases are filed is called the Court of Common Pleas. That's probably where your case will be filed too, unless you're suing the government (See "Can I Sue the Government for My Personal Injuries?" below.) Each of Ohio's 88 counties has a Court of Common Pleas.

(Learn more about Ohio's court system.)

Consider Hiring an Attorney to Handle Your Case

In the Court of Common Pleas, your personal injury lawsuit must follow a variety of complex and often confusing rules, including Ohio's Rules of Civil Procedure and Rules of Evidence. You likely aren't familiar with these rules, but you can bet the defendant's lawyer will be. The time to learn them isn't while you're trying to handle your own personal injury lawsuit.

An Ohio personal injury lawyer knows these rules and how they apply to your case. Think about having your lawsuit prepared, filed, and handled by legal counsel.

Filing in Ohio Small Claims Court

When you're asking the court for damages of not more than $6,000, you can file your personal injury case in Ohio's small claims court. Cases tend to move more quickly in small claims court than in the Court of Common Pleas. In addition, proceedings are less formal.

Here's an online pamphlet that will help you prepare, file, and present your small claims case.

What If I'm Partly at Fault for My Injury?

To win damages in the usual personal injury case, you have to prove that the defendant's negligence caused your injuries. Most times, the defendant will argue that you were negligent, too. Why? This is a defense called "comparative negligence." If it succeeds, it can reduce (or even eliminate) the damages you're able to recover.

Ohio follows a version of the comparative negligence rule. Here's how it works.

Ohio's "Modified Comparative Negligence" Rule

Ohio has adopted a modified version of the comparative negligence rule. You can recover some damages for your personal injuries, as long as your share of the blame isn't more than 50%. Up to that point, your percentage share of the total negligence reduces your damages by that amount. But if you're found to be 51% or more to blame, you can't collect any damages. (Ohio Rev. Code § 2315.33 (2024).)

(Learn more about Ohio's comparative negligence law.)

How Does Ohio's Modified Comparative Negligence Rule Work?

You were rear-ended at a stoplight, but one of your brake lights wasn't working at the time of the accident. You sued for negligence. The defendant answered, claiming that your comparative negligence contributed to cause the accident. After a trial, the jury decided that you were 5% at fault, while the defendant was 95% to blame. The jury found your total damages were $20,000. How much of this amount can you collect?

Because you were 5% negligent, you can recover 95% of your total damages: $20,000 x 95% = $19,000. The other driver's insurer will write you a check for that amount. How much would you get if the jury had found you were 51% (or more) at fault? Under Ohio's modified comparative negligence rule, you'd get nothing.

Does Ohio Cap Personal Injury Damages?

Damage caps put a limit on the amount of personal injury damages a plaintiff (the party who files a lawsuit) can receive, even if they win the case. Before we review Ohio's damage caps, let's start with a brief introduction to personal injury damages.

Personal Injury Damages Generally

When you win a personal injury lawsuit, you'll be awarded what the law calls "compensatory damages." As the name suggests, these damages compensate you for losses caused by the defendant's wrongdoing. Compensatory damages fall into two categories.

• Economic damages. Economic damages reimburse you for amounts your injuries cost you (or your insurance company) out of pocket. Medical bills, lost wages, and the costs of medical equipment like crutches or a wheelchair are examples. Ohio law doesn't cap economic damages.
• Noneconomic damages. These damages are meant to make you whole for injuries that don't cost you out of pocket. Common examples include pain and suffering, emotional distress, loss of enjoyment of life, and similar injuries. Ohio law caps these damages.

Ohio Caps Non-Economic Damages In Personal Injury Cases

In most non-catastrophic injury cases, Ohio Rev. Code § 2315.18(B)(2) (2024) caps noneconomic damages at the greater of:

• $250,000, or
• three times the amount of the plaintiff's economic damages.

Regardless of the amount of the plaintiff's economic damages, though, noneconomic damages can't exceed:

• $350,000 per plaintiff, and
• $500,000 per accident or occurrence.

There's no limit on noneconomic damages—meaning the cap doesn't apply—if the plaintiff's injuries include:

• permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system, or
• permanent physical functional injury that prevents the plaintiff from being able to independently care for themselves.

Ohio Caps Punitive Damages in Personal Injury Cases

In the rare case where punitive damages are awarded to a personal injury plaintiff, they can't exceed twice the amount of the plaintiff's economic damages.

When the defendant is a small business or an individual, punitive damages can't exceed the lesser of:

• two times the amount of the total economic and noneconomic damages awarded to the plaintiff, or
• 10% of the defendant's net worth,
• up to a maximum of $350,000.

(Ohio Rev. Code § 2315.21 (2024).)

Can I Sue the Government for My Personal Injuries?

The short answer is: Maybe so. But suing the government isn't like suing a private individual or a business. You'll have to follow special rules. When your lawsuit is against the government—state or local—consider hiring an experienced government claims lawyer to represent you.

(Learn more about lawsuits against the Ohio government.)

You Must Sue Ohio in the Court of Claims

The Ohio Court of Claims is a special court created to hear claims for money damages against the State of Ohio. If you want to sue Ohio for your personal injuries, that's where you must file your lawsuit. The Court of Claims isn't authorized to hear lawsuits against private persons or businesses, or against Ohio political subdivisions like counties or cities.

The Ohio Attorney General's Office has a rough timeline for Court of Claims cases.

Two Year Statute of Limitations

As a general rule, you have two years from the date you were injured to sue in the Court of Claims. But if another statute of limitations sets a shorter filing deadline for your claim, the shorter deadline controls. (Ohio Rev. Code § 2743.16(A) (2024).) A similar rule applies to lawsuits against Ohio political subdivisions. (Ohio Rev. Code § 2744.04(A) (2024).)

Get Help With Your Ohio Personal Injury Case

We've covered some of the basics of Ohio personal injury law. If you've been injured and you're thinking about a claim or a lawsuit, there's much more you need to know. An Ohio personal injury lawyer knows the law, the court rules, and the ins and outs of settlements and lawsuits. Your best chance for a successful outcome will come from having legal counsel in your corner.

When you're ready to move forward with your case, here's how to find a personal injury attorney near you.