Statute of limitations for injuries in accident

On Behalf of | Jun 16, 2016 | Car Accidents

Accidents happen unexpectedly and can impact those involved in various ways. When someone has been involved in a car accident, especially one that involves catastrophic injuries, the last thing that might be on their mind is holding the negligent party responsible for their actions. When someone has lost a loved one in a fatal accident, they may be grieving and coming to terms with their loss and dealing with the fallout of the accident-accountability may not come to mind. But the truth is that if accident victims or their family members want to hold the reckless party responsible, they may have to act fast.

The first reason it is imperative to act quickly is because memories, witness statements and evidence fades as time passes. The faster one decides they want to file a personal injury or wrongful death lawsuit, the faster the requisite parties can begin collecting evidence and preparing the case. The second reason is because of the statute of limitations-in Ohio as in the rest of the country, there is a time limit in which an action can be brought against someone else in court.

According to the Ohio Revised Code, the statute of limitations for personal injury and wrongful death is the same-two years. The time generally starts when the cause of action arises-the point at which the reason for suing begins to exist. After the statute of limitations ends, it might not be possible to be successful against the other party in court-they may be able to use the cutoff of the deadline as a defense and get the case dismissed.

There are many exceptions and intricacies involved in the statute of limitations though-it may be possible the time starts running from the day the accident victim knew or should have known of the injury and there can be concurrent claims that arise and time limits that apply.

If an accident victim or their loved ones want to hold a negligent party responsible for their careless actions and receive compensation that can help the financial burden associated with the car accident, they may want to consider the recourses available to them. This could help address the losses and damages caused by the accident a negligent party caused.

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