Is There a Time Limit for Filing a Car Crash Claim in Ohio?
If you’ve been seriously injured in a car accident, your first priority is likely to be your physical recovery. You may think that you can make a decision about how and when you want to file a claim until you are in a better mindset and have a good understanding of the full scope of your injuries. While taking some time to make the right decision on how to proceed is important, it is also important to keep in mind that there is a legal timeframe you need to stay within. If you wait too long to file a claim, your ability to seek compensation may be limited – or even gone completely. Understanding the statute of limitations for filing a claim in Ohio after a car crash is important when you decide how and when you want to proceed with seeking damages.
Understanding the Statute of Limitations in Ohio
The statute of limitations is a time limit for filing a legal claim after an event. Different legal matters have different timelines. In Ohio, the statute of limitations for filing a claim after a car accident is generally two years from the date of the accident. If you don’t settle your case before the two year anniversary, it is critical that you file your lawsuit within this timeframe. There are only a few exceptions to this rule.
While this may seem like plenty of time, acting quickly to make sure you are protected is your best bet. Negotiations really can’t start until you achieve a full physical recovery (or at least a plateau in your recovery), and once negotiations are underway, insurance companies like to drag their feet. This is an intentional strategy made by the insurance company. If you wait to contact an attorney until you are at an impasse in the negotiation process, the attorney will have less time to gather evidence and negotiate on your behalf. In the meantime, the deadline for filing in court looms ever closer. For this reason, it’s important to begin working with an experienced attorney right away so they can manage your case within the statute of limitations timeline.
Why the Statute of Limitations Matters
The statute of limitations exists for a few reasons. First, having a statute of limitations ensures timely action. This means that your claim is still viable and encourages both sides to take whatever action is necessary to preserve all available evidence. When claims are filed promptly after an accident, evidence and memories are still fresh and theoretically the claim can be considered more fairly. The longer you wait to file a claim, the more complicated the process will be, even if you are within the deadline, as evidence can disappear, memories can fade, and witnesses may be harder to locate.
If you miss the filing deadline without a valid exception, the court will likely dismiss your case, and you will be unable to recover any compensation at all. Car insurance companies are well aware of the legal deadline and know you have no legal recourse, so they may offer a low-ball settlement as a way to put added pressure on you as the deadline moves ever closer. So it is important that you consult with an attorney as soon as possible to avoid this scenario.
Exceptions to the Statute of Limitations in Ohio
There are a few approved exceptions to the statute of limitations, such as cases involving minors or those with a mental disability, cases where the victim is incapacitated and unable to make decisions, or hit-and-run accidents where the wrongdoer conceals his identity, or where the responsible party leaves the jurisdiction.
If you are in danger of missing the deadline to file a claim, your attorney will need to prove that one of these exceptions applies. While some exceptions are straightforward (for a minor, the statute of limitations begins to run on their 18th birthday), but for the other exceptions, these circumstances are harder to prove. Either way, it is best not to have to rely on these arguments as there is no way to predict how things will play out.
Steps to Take After a Car Crash in Toledo, Ohio
The number one step to take immediately after a car crash is to seek medical attention and make sure you are getting the treatment you need for your injuries. However, your next step should be to seek legal advice about how to get the settlement you need to move forward.
Once you have a trusted car accident attorney on your side, you can rely on them to monitor the statute of limitations to make sure your claim is properly preserved. They will know exactly how to document your medical treatment, and gather evidence while it is still available. The earlier you speak with an experienced car accident attorney, the better your chances are of getting a fair settlement that allows you to financially move forward.
You don’t need to make any major decisions on the side of the road, in the ambulance, or from a hospital bed, but if you’ve been seriously injured in a car accident, you need to consider the importance of understanding and adhering to Ohio’s statute of limitations for car crash claims.
Although it may seem like plenty of time, if you attempt to negotiate on your own, and those negotiations break down, the delay can possibly cause the value of your claim to suffer. The sooner you consult with an attorney, the stronger your evidence will be, the fresher the witness memories will be, and the quicker you will get your settlement you need to recover. If you’ve been injured in a car accident, don’t make the mistake of waiting too long. Speak with a personal injury attorney as soon as you are able so they can guide you on your next steps.
We help car accident victims get the compensation they need to recover. If you’ve been injured in a car accident, contact Arthur Law Firm (419) 782-9881 right away for a free consultation. We believe no one should ever be burdened by a car accident that wasn’t their fault. We can help you. Let’s talk today.