Ohio gives an injured person two years to file a lawsuit. That deadline is short enough that it shapes the first months of a claim. Knowing when the clock starts helps a resident of Delaware, Ohio plan around it.
The Two-Year Rule
Ohio Revised Code section 2305.10 says an action for bodily injury must be brought within two years after the cause of action accrues. The same section applies to injury to property. The rule applies to car crashes, falls, and other injuries that fall under the section.
It is a filing deadline for the lawsuit, not a deadline for negotiating with an insurer. The two ideas run on separate tracks, and the claim needs both. A claim can be active with an insurer and still run out of time in court.
When the Clock Starts
Under the general rule, a cause of action accrues when the injury or loss occurs. That means the two years run from the day of the crash or the fall, not from the day a person finishes treatment. A person who waits to see how an injury develops can lose months from the filing period, so the date of the injury should go on a calendar immediately, along with the date two years later.
The Exposure Exceptions
The statute delays accrual for certain exposure injuries. The clock starts when a competent medical authority tells the person that an exposure-related injury exists, or when reasonable diligence would have revealed it, whichever is earlier. The listed exposures are hazardous or toxic chemicals, ethical drugs and medical devices, chromium, certain herbicides, diethylstilbestrol and similar estrogens, and asbestos. Injuries from crashes and falls don’t fall into those categories, so the general rule governs them.
Records to Gather Early
Documents are easier to collect near the injury than months later. Dates matter as much as images, since a time-stamped photograph and a dated medical note show when the injury occurred. Useful items include:
- The crash report or incident report
- Photographs of the scene and the injuries
- Names and phone numbers of witnesses
- Medical records and bills
- Pay stubs showing missed work
Medical expenses are central to a claim. Keeping medical bills together as they arrive makes the total easy to show. Receipts for prescriptions and travel to treatment belong in the same file.
Why Waiting Costs a Claim
Insurance negotiations can run for months. The statute measures the two years from accrual, and nothing in the section ties the period to the progress of those talks. Our Delaware personal injury lawyer team tracks the filing date from the first meeting, which keeps negotiation and deadline planning on separate tracks.
A claim that is still being discussed near the end of the period needs a filed lawsuit. Photographs and records are easier to gather early, so a person should decide what to save first based on what evidence matters most. That choice is easier to make in the first weeks.
Disputes With Insurers
Insurance questions can arise before a lawsuit is filed. Our Delaware insurance claims lawyer team handles disputes over how a claim is paid, and the filing date is part of every one of those reviews. A dispute that takes a year to resolve leaves half of the period behind.
Claims That Start With a Crash
A crash is the most direct starting point for the two-year period. Our Delaware car accident lawyer team reviews the crash report and the injuries together, then sets the filing date. The clock runs quickly.
Collisions with commercial vehicles can involve more records and more parties. Our Delaware truck accident lawyer team handles those claims with the same calendar in view. Additional records take time to obtain, so the early dates matter more.
Working With Our Firm
Adam J. Hubble has practiced law for over 30 years, and Todd Brenner has been named an Ohio Top Lawyer for 8 consecutive years. Brenner Law Offices represents injured people throughout Ohio. Two years is the general limit, and the clock starts when the injury happens. Anyone hurt in Delaware, Ohio can reach out to us, and we’ll go through the dates and the evidence together.
