July 15, 2019

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Ohio Statutes of Limitations for Civil Cases

Personal injury law is broad area that covers cases in which a person is injured or dies due to the negligence of another party. In cases of medical malpractice, the negligent party could be a doctor, nurse, physical therapist, psychologist, or even an entire hospital could be responsible. In product liability cases, a manufacturer could be held responsible for creating a defective product that caused physical injury, emotional suffering or death.

If a contract is breached, the breaching party may be liable for damages under contract law. 

These, and other types of cases, require the guidance, knowledge, and experience of a highly skilled attorney with knowledge of the law, a commitment to getting you the compensation you need and deserve and an understanding of the intricacies of the statutes of limitations imposed by the state of Ohio.

Personal Injury Statutes of Limitations

Personal injury lawsuits in the Buckeye State must begin within two years of the date of injury (or death of a loved one). Product liability cases have a two-year statute of limitations beginning from the time you were injured or should have discovered your injury. Because the exact time of injury is not always crystal clear, you need an attorney to analyze the facts of your case, explain how the statutes apply to you and advise you on how to proceed with legal action against the negligent party or parties.

Defective Products and Statutes of Limitations in Ohio

Regarding product liability cases and other areas of personal injury law, you will often hear the phrase, “statute of repose,” which is the deadline for all cases, regardless of when you discovered you were injured. In Ohio, this time period is ten years after you purchased the product; however, there are exceptions to this rule. For instance, if the injury is discovered more than eight years after the product is purchased, you have two years from the time of discovery to file legal action. 

Also, if the product’s warranty was valid for over ten years and had not yet expired when you were injured, you can take legal action within two years of the discovery of the injury even if it’s past the ten-year mark from the date the product was purchased or leased. Lastly, the ten-year statute of repose doesn’t apply if the manufacturer of the product (or even the supplier) committed fraud, which played a part in your injury.

As you can see, statutes of limitations can be quite complicated, and for this reason, and many others, you need a good attorney on your side to explain the law and ensure you take legal action before it’s too late. If you’ve been injured or have lost a loved one due to a defective product, please seek out an Ohio personal injury attorney as soon as possible because you deserve to be compensated for all the expenses related to your injury or loved one’s death.

Medical Malpractice Statute of Limitations

Ohio medical malpractice cases have a shorter statute of limitations than most states–only one year from the time of injury. As with product liability cases, med mal cases carry with them a number of exceptions such as a situation where the injury was discovered or death occurred many years after the medical procedure. In those situations, the time you have to take legal action varies based on the specifics of your case. Again, we must emphasize how important it is to have an attorney on your side who knows the ins and outs of the often-confusing statutes of limitations for medical malpractice in Ohio.

Breach of Contract Statute of Limitations

In Ohio, the breach of contract statute of limitations for written contracts is eight years and six years for verbal contracts. Promissory notes carry a statute of six years and lawsuits involving contracts for sale of goods must be filed within four years in Ohio.

The statutes of limitations for crimes vary depending on the crime. If a substantial amount of time has passed since the actual crime, the defense attorney may be able to use a statute of limitations defense to avoid prosecution.

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About Lynn Fugaro

Lynn has been writing web content since 2007 after a lengthy career as a middle school English teacher and administrator. Writing web content seemed a natural progression following a career teaching adolescents about the beauty and the power of the written word, and she quickly got hooked on the challenge of writing SEO- and reader-friendly content that could be found on Page 1 of Google and other search engines.

Having written content for physicians and attorneys for the first few years of her writing career, Lynn has most recently produced original, informative, entertaining, and relevant content for the entertainment industry, the automotive industry, senior communities, pet rescues and numerous other businesses hoping to increase website traffic and page views for all clients looking for informative, vibrant content.