Know your options, deadlines, and next best steps.
The lawsuit process
A personal injury lawsuit can be overwhelming, especially after you have suffered a serious injury. That is why our team at Willis Spangler Associates
is here to help keep you and your lawsuit on track, ensuring you file every document on time. While every personal injury claim is different, most require you to:
- Seek medical treatment and documentation of your injuries
- Complete an investigation of the accident and any liable parties
- File an insurance claim
- Negotiate with insurance companies
- File a lawsuit if a fair settlement cannot be reached
- Participate in discovery, depositions, and exchange evidence
- Settle or go to trial
Throughout these steps, it is important to be mindful of any deadlines, especially when it comes to formally filing lawsuits. While you typically have two years from the date of the injury in Ohio, this can depend on the accident or injuries involved and does not account for various exceptions that may apply. Missing a deadline can hurt your personal injury claim and, in some cases, prevent you from recovering the compensation you deserve.
How to file a personal injury claim
Personal injury cases typically start by submitting a claim to the at-fault party’s insurance company, along with an outline of the damages you have suffered. If the insurance company disputes liability or fails to offer fair compensation, the next step is often filing a lawsuit in an Ohio civil court. This preserves your legal rights and allows an attorney to formally pursue a personal injury claim through litigation.
For more information on personal injury lawsuits and the claims process, visit our personal injury page or talk to an attorney today at 614-586-7900.
What is an injury statute of limitations?
An injury statute of limitations is the legal deadline for filing a lawsuit after an injury occurs. Once this deadline passes, courts typically refuse to hear your case, regardless of the evidence involved. These laws exist to ensure cases are settled while evidence is still available and memories are fresh, but they can also create challenges for injured victims who are unaware that their claim has a time limit.
According to Ohio Revised Code Section 2305.10, the state’s statute of limitations on a personal injury claim, such as a car accident or a slip and fall, is generally two years from the date of the injury or accident. However, this can change depending on the case. For instance, the statute of limitations for medical malpractice is usually one year from the time of treatment or discovery. Additionally, there are reasons to file your injury case months before the limitations period expires. For example, it is often wise to file your injury case well before the limitations period to obtain the names of unknown parties from the other side in their initial disclosures. These different types of cases and their associated injury statutes can be confusing, which is why our experienced team of personal injury attorneys is here to ensure you never miss a deadline.
Filing deadlines
While the statute of limitations may be the only legal deadline involved in a personal injury claim, there can be several other important deadlines to keep in mind.
Most insurance companies have policy deadlines, requiring those involved in personal injury accidents to notify them promptly. This is usually within 30 days of the incident, but you should always check with your insurer for their specific timelines.
Additionally, if a government entity or employee was responsible for your personal injury, you must file a formal notice of claim with their agency. This notice is a pre-suit requirement, and its deadlines are often stricter and shorter than typical statutes of limitations, as you usually have to file within one to six months of the accident.
What to do if you miss a filing deadline
If the statute of limitations for your personal injury case expires, you may lose your legal right to seek compensation. In most instances, courts will automatically dismiss late filings. However, experienced lawyers can determine if you or your case qualifies for any exceptions. Exceptions often depend on when your injuries were discovered, if you are a minor, if you have any mental or physical disabilities, and any fault or concealment efforts by the liable party.
What the discovery rule and other exceptions mean for you
While the statute of limitations offers a standard deadline for filing personal injury cases, there can be exceptions in Ohio, such as the discovery rule. Under the discovery rule, the statute of limitations runs from the date the injury was discovered rather than the date it was caused. This often applies to cases involving medical malpractice, toxic exposure, defective products or devices, and accidents with delayed injuries.
Additionally, if the personal injury victim is under 18, the statute of limitations usually does not begin to run until their 18th birthday.
While deadline exceptions can be pivotal to a personal injury case, they can also be complex and highly specific. Our trusted attorneys at Willis Spangler Associates have decades of experience handling personal injury claims and are well-equipped to determine if your case qualifies for an exception. Let us handle the legal burden so you can focus on healing.
How our team can help
No one should have to recover from personal injury accidents alone. Our team is here to help determine which filing deadlines apply to your specific case, collect and preserve critical evidence, handle all communication with insurance companies, calculate the full value of your damages and losses, file your claim correctly and on time, and aggressively pursue the compensation you deserve.
We have been serving and supporting clients throughout Columbus and across Ohio for years, and we are committed to making the legal process as smooth as possible for everyone involved.
Contact our personal injury attorneys today!
If you or a loved one has been injured as a result of someone else’s negligence, do not wait to seek professional guidance. Legal deadlines can pass quickly, and once they do, your options may be limited.
Contact Willis Spangler Associates today to schedule a complimentary consultation with an experienced attorney. We can answer questions, explain the lawsuit process, and ensure your case is handled correctly and on time, providing the support and guidance you need to recover with peace of mind.