Ohio Personal Injury Statute of Limitations: How Long Do You Have?

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time period after an event within which a legal claim may be filed in court. Once the deadline passes, the claim is time-barred. The court will dismiss it, and you lose your right to recover compensation -- regardless of how strong your case might have been.

Statutes of limitations exist to promote fairness and finality. Evidence deteriorates, witnesses' memories fade, and defendants deserve to know at some point that they will not face a lawsuit for something that happened years ago. For injured plaintiffs, the practical implication is simple: do not wait.

Ohio Personal Injury Statute of Limitations: 2 Years

The general personal injury statute of limitations in Ohio is set by Ohio Revised Code Section 2305.10: two years from the date the cause of action accrues. For most personal injury claims, the cause of action accrues on the date of the injury -- the day of the car accident, the day of the fall, the day of the incident.

Two years sounds like a long time, but personal injury cases require significant preparation before filing. Your attorney needs to gather medical records, accident reports, witness statements, and expert opinions. Insurance negotiations often take months. If a case does not settle, it needs to be filed before the deadline. Starting the process early -- ideally within weeks of the injury -- gives your attorney the time needed to build the strongest possible case.

Deadlines by Claim Type in Ohio

Not all personal injury claims in Ohio have the same deadline. The table below summarizes the key statutes of limitations for common personal injury claim types.

Car Accident Claims in Ohio

For car accident personal injury claims, the two-year deadline under ORC Section 2305.10 begins on the date of the accident. If you were injured in a car accident on June 15, 2026, you have until June 15, 2028 to file a lawsuit in Ohio court.

One important exception: if the accident involved a government vehicle or occurred on government property, you may need to file a notice of claim with the appropriate government entity within a much shorter period -- sometimes as little as 180 days. Failure to file timely notice can bar your claim entirely, even if the two-year lawsuit deadline has not yet passed. This applies to accidents involving city buses, county vehicles, state highway patrol vehicles, and accidents on government-maintained roads where a road defect was a contributing factor.

Learn more about Ohio car accident claims and what to do after an accident.

Wrongful Death Claims in Ohio

The wrongful death statute of limitations under ORC Section 2125.02 is two years from the date of death. This is an important distinction: the clock starts on the date of death, not on the date of the accident or incident that caused the death. If a person was injured in an accident on January 1 and died from those injuries on March 1, the two-year deadline runs from March 1.

Wrongful death claims in Ohio must be filed by the personal representative of the deceased person's estate. If no personal representative has been appointed, one must be appointed by the probate court before the lawsuit can be filed. This process takes time, which is another reason not to wait.

Medical Malpractice Claims in Ohio

Medical malpractice has a shorter and more complex statute of limitations than general personal injury claims. Under ORC Section 2305.113, the deadline is one year from the date the patient discovered, or should have discovered, the injury caused by the malpractice. This is called the "discovery rule."

Ohio also imposes an absolute four-year limit -- called a statute of repose -- from the date of the act or omission that caused the injury. Even if you did not discover the injury until after four years, you generally cannot file a claim. The only exception is for foreign objects left in the body, which have their own discovery-based deadline.

Before filing a medical malpractice lawsuit in Ohio, the plaintiff must also provide 180 days' advance written notice to the defendant healthcare provider under ORC Section 2305.113(B). This notice requirement effectively extends the filing deadline by 180 days in some circumstances, but the rules are technical and must be followed precisely.

When the Clock Can Be Paused (Tolling)

Ohio law provides limited circumstances in which the statute of limitations is "tolled" -- meaning the clock is paused and does not run during the tolling period. These exceptions are narrow and should not be relied upon without consulting an attorney. Common tolling circumstances include:

• Minority: If the injured person was under 18 at the time of the injury, the statute of limitations does not begin to run until they turn 18 under ORC Section 2305.16.
• Legal incompetency: If the injured person was legally incompetent at the time of the injury, the statute may be tolled during the period of incompetency.
• Fraudulent concealment: If the defendant actively concealed the cause of action, the statute may be tolled until the plaintiff discovered or should have discovered it.
• Discovery rule: For some claims, the statute does not begin to run until the plaintiff knew or should have known of the injury and its cause.

Do not assume a tolling exception applies to your situation without legal advice. Courts interpret these exceptions narrowly, and relying on a tolling argument that does not apply can result in losing your claim entirely.

Why You Should Not Wait to Contact an Attorney

Even if you have two years to file, waiting significantly weakens your case. Evidence disappears. Witnesses move or forget details. Surveillance footage is overwritten. Medical records become harder to obtain. Insurance companies use delay as a negotiating tactic, knowing that the longer you wait, the less leverage you have.

Contacting an attorney shortly after your injury -- even before you know the full extent of your damages -- allows your attorney to preserve evidence, identify all potentially liable parties, and advise you on the value of your claim before you accept any settlement offer. Our team handles personal injury cases throughout Southwest Ohio. Contact us to discuss your situation.