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What is the Statute of Limitations for Car Accident Claims in Cleveland?

Joseph Paulozzi
April 14, 2023

Understanding the statute of limitations for car accident claims in Cleveland, Ohio is crucial when seeking compensation for injuries or damages sustained in a collision. We’re here to outline the statute of limitations for car accident claims in Ohio, why it's important to act within the given timeframe, and the consequences of failing to meet the deadline.

The Statute of Limitations for Car Accident Claims in Ohio

In Ohio, the statute of limitations for car accident claims is two years from the date of the accident. This means that if you are seeking compensation for injuries or damages caused by a car accident, you must file your claim within two years of the incident. This deadline applies to both personal injury claims, which cover physical injuries and associated losses, and property damage claims, which relate to damage to your vehicle or other property.

Why the Statute of Limitations is Important

The statute of limitations exists to ensure that claims are brought forth in a timely manner, preserving the integrity of the evidence and promoting a fair legal process for all parties involved. Adhering to the statute of limitations is essential for several reasons:

Evidence Preservation

As time passes, evidence may be lost, damaged, or destroyed, and witnesses may forget important details or become unreachable. Filing a claim within the deadline helps to maintain the integrity of the evidence and increases the likelihood of a successful outcome.

Fairness to Defendants

The statute of limitations also serves to protect defendants from the burden of defending against stale claims where evidence may no longer be available to mount a proper defense.

Timely Resolution

By encouraging plaintiffs to file their claims promptly, the statute of limitations promotes the efficient resolution of legal disputes and helps to prevent drawn-out litigation.

Consequences of Missing the Statute of Limitations Deadline

Failing to file your car accident claim within the two-year deadline can result in the dismissal of your case, meaning you will lose your right to seek compensation for your injuries and damages. If you attempt to file a claim after the statute of limitations has expired, the defendant can request that the court dismiss the case on the grounds of being time-barred.

Exceptions to the Statute of Limitations

While the two-year deadline is generally applicable to car accident claims in Ohio, there are a few exceptions to the rule:

  • Minors: If the injured party is a minor (under 18 years old) at the time of the accident, the statute of limitations does not begin to run until their 18th birthday, giving them until their 20th birthday to file a claim.
  • Disabilities: If the injured party is deemed legally incompetent at the time of the accident, the statute of limitations may be tolled until the disability is lifted.
  • Absence of the Defendant: If the at-fault party leaves the state of Ohio, the statute of limitations may be tolled for the period of their absence.

Consulting with an experienced personal injury attorney is crucial in determining whether any exceptions apply to your specific case.

Contact a Car Accident Lawyer in Cleveland

Understanding and abiding by the statute of limitations for car accident claims in Cleveland, Ohio is crucial to preserving your right to seek compensation for injuries and damages. If you have been involved in a car accident, get in touch with our experienced car accident attorneys at Paulozzi LPA today. We’ll walk you through everything you need to know and help you file your claim.

Joseph Paulozzi
April 14, 2023
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