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Examining Ohio Law: Statute of Limitations

In order to discourage unreasonable delay in bringing civil lawsuits, all states have established certain time limits within which the action must be brought know as the "statute of limitations." Generally, the statute of limitations begins to run when the right to take legal action arises, or in legal terms "accrues." If an action is not brought within the specified period, subject to certain exceptions, a court is barred from hearing the case.

The following chart outlines the statute of limitations for some common civil causes of action recognized in Ohio.

Type of Action

Statute of Limitations

Fraud

4 Years From Date Action Arises

Libel/Slander/Defamation

1 Year From Date Action Arises

Personal Injury

2 Years From Date Action Arises

Medical Malpractice*

1 Year From Date Action Arises

Wrongful Death

2 Years From Date Of Death


* Actions against medical professionals must be filed within 1 year from the date of the act causing the injury. However, a plaintiff may be given an additional 180 days to file a suit if the defendant is given written notice of the claim within the one year statute of limitations. Further, if the plaintiff is a minor, statute of limitations is 4 years from the date of injury.

Tolling the Statute of Limitations
In some cases, a statute of limitations may be put on hold or "tolled" for a certain period of time. Common reasons a statute of limitations is tolled include mental incompetence of the victim at the time of injury, minority of the victim at the time of injury, or filing of bankruptcy.

Statute of limitations can be very complex and the provided chart is meant only as a general guide. If you have questions regarding the statute of limitations it is imperative that you consult an experienced attorney as soon as possible to ensure that you preserve your claim. The attorneys of DiCaudo, Pitchford & Yoder have successfully represented hundreds of personal injury claims. If you have been injured due to someone else's negligence, contact the experienced attorneys at DiCaudo, Pitchford & Yoder today.

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