Statute of Limitations on Suing for Car Accident Injury in the State of Ohio
A statute of limitations is a legal term that applies to civil law cases, including cases of personal injury. Ohio's statute of limitations on personal injury cases sets a time limit for plaintiffs to sue for injury.
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Time Frame
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In most cases of personal injury, the statute of limitations in Ohio is two years. Plaintiffs who are bodily harmed in an event, such as a car accident, have two years after the date of the accident to sue for damages. After this time period passes, they cannot bring the case to court.
Tolling
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In some cases, the statute of limitations may be tolled. In a sense, this means the statute of limitations is put on standby or on hold for a period of time. Lawyers can argue for tolling in a personal injury case if the plaintiff is rendered mentally incompetent or otherwise unable to stand trial for a period of time during the initial two-year statute of limitations. For instance, if someone is injured in an accident and spends a year lying comatose in a hospital, the statute of limitations is tolled for that year and the victim will have two years to bring the case to court once she regains consciousness.
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Disability
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The statute of limitations on Ohio personal injury cases may also be extended if the defendant is considered disabled. In this case, the statute of limitations does not go into effect until or unless the disability is removed. Disability is defined in this situation as a defendant who is under 18-years-old or a defendant who is ruled insane or mentally incompetent.
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