, Personal Injury Lawyers | Sawan and Sawan

Ohio Guide to Statutes of Limitation

, Personal Injury Lawyers | Sawan and Sawan

Always remember that there are time limits for filing both civil and criminal cases referred to as the statute of limitations. These limits are meant to ensure a number of things:

  1. That potential plaintiffs can’t threaten lawsuits forever; and
  2. To protect the integrity of evidence, including eyewitness testimony; and
  3. To encourage the timely resolution of disputes.

As a result, it’s vitally important to make note of the statute of limitations for your claim because if you file a case after the statute of limitations has passed, your case will most likely be dismissed even if your claim is valid and you’re virtually guaranteed a win.

There are, however, some instances in which a court may allow a case to proceed even after that deadline has passed. In Ohio. Civil statutes of limitation laws impose various statutes of limitation depending on the unique circumstances and facts presented. As a result, it’s vital that you confer with an attorney familiar with personal injury claims as soon as practicable after your injury. In general, here are the main types of civil litigation claims in Ohio, as well as the cite to the statute containing the time limitation. 

Contract Actions

Type of ClaimStatute of LimitationStatutory Reference
Contracts (In Writing)8 YearsORC 2305.06
Contracts (Oral)6 YearsORC 2305.07
Breach of Contracts for Sale of Goods4 YearsORC 1302.98
Action of Employee for Non-Payment of Wages2 YearsORC 2305.11

Real Estate Actions

Type of ClaimStatute of LimitationStatutory Reference
Trespassing Upon Real Property4 YearsR.C. §2305.09(A)
Property Damage2 YearsR.C. §2305.10
Adverse Possession (Recover Real Property)21 YearsR.C. §2305.09
Physical or Regulatory Taking of Property4 YearsR.C. §2305.09
Eviction (Forcible Entry and Detainer)2 YearsR.C. §1923.01

Personal Injury/Tort Actions

Type of ClaimStatute of LimitationStatutory Reference
Wrongful Death2 YearsR.C. §2125.02
General Negligence/Personal Injury2 YearsR.C. §2305.10
Medical Malpractice1 Year (Can be extended by 6 Months)R.C. §2305.113
False Imprisonment1 YearR.C. §2305.11(A)
Libel1 YearR.C. §2305.11(A)
Slander1 YearR.C. §2305.11(A)
Assault and Battery1 YearR.C. §2305.111
Car Accidents2 YearsR.C. §2305.10
Product Liability / Dangerous Products2 YearsR.C. §2305.10(A)

Actions Against the Government

Type of ClaimStatute of LimitationStatutory Reference
Certain actions against the State in the Court of
Claims
2 YearsR.C. §2743.16
Actions Against Political Subdivisions2 YearsR.C. §2744.04

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Dennis P. Sawan

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Licensed in Ohio and Georgia

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Christopher A. Sawan

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Licensed in Ohio and Michigan

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