Ohio’s Medical Malpractice Statute of Limitations

by | Jan 4, 2012 | Firm News, General Interest, Medical Malpractice |

When you get hurt, you want to have time to heal. Time can go quickly when you’re in and out of the hospital, and before you know it, you could be thinking about a lawsuit that is no longer able to be filed. A statute of limitations is in place to protect defendants from lawsuits after an extended period of time, so it’s important to file a case as soon as you are able.

What Is A Statute Of Limitations?

There are time limits for civil cases that are referred to as the statute of limitations. These limitations may seem like they are short and sometimes difficult to meet, but they are designed to make sure that a person doesn’t threaten a lawsuit indefinitely against the defendant. It also helps protect witnesses, because they are more likely to remember what they saw or heard if the case takes place sooner rather than later. By having a statute of limitations, the timely resolution of a case is encouraged.

“How Long Do I Have To File My Case?” 

Ohio statute of limitations law for civil lawsuits states that you have only one year to file a claim for medical malpractice or for a personal injury. State laws change often, so speak to your attorney about the possibility for your case to go to trial even if you have missed your statute of limitations time frame.

It’s true that in most cases if you miss the statute of limitations, you will be unable to file a case. If you choose to file your case without a request for an exception, your case may be dismissed immediately. However, there are times when a court will allow your case to move forward even though the deadline has passed. For instance, if fraud was involved in your case or if you didn’t know about an injury until later, you may be able to extend the period in which you have to file. Your attorney will have a better idea of whether or not your case would qualify for an extension.



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