Ohio Guide to Statutes of Limitation
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:
- That potential plaintiffs can’t threaten lawsuits forever; and
- To protect the integrity of evidence, including eyewitness testimony; and
- 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 Claim | Statute of Limitation | Statutory Reference |
---|---|---|
Contracts (In Writing) | 8 Years | ORC 2305.06 |
Contracts (Oral) | 6 Years | ORC 2305.07 |
Breach of Contracts for Sale of Goods | 4 Years | ORC 1302.98 |
Action of Employee for Non-Payment of Wages | 2 Years | ORC 2305.11 |
Real Estate Actions
Type of Claim | Statute of Limitation | Statutory Reference |
---|---|---|
Trespassing Upon Real Property | 4 Years | R.C. §2305.09(A) |
Property Damage | 2 Years | R.C. §2305.10 |
Adverse Possession (Recover Real Property) | 21 Years | R.C. §2305.09 |
Physical or Regulatory Taking of Property | 4 Years | R.C. §2305.09 |
Eviction (Forcible Entry and Detainer) | 2 Years | R.C. §1923.01 |
Personal Injury/Tort Actions
Type of Claim | Statute of Limitation | Statutory Reference |
---|---|---|
Wrongful Death | 2 Years | R.C. §2125.02 |
General Negligence/Personal Injury | 2 Years | R.C. §2305.10 |
Medical Malpractice | 1 Year (Can be extended by 6 Months) | R.C. §2305.113 |
False Imprisonment | 1 Year | R.C. §2305.11(A) |
Libel | 1 Year | R.C. §2305.11(A) |
Slander | 1 Year | R.C. §2305.11(A) |
Assault and Battery | 1 Year | R.C. §2305.111 |
Car Accidents | 2 Years | R.C. §2305.10 |
Product Liability / Dangerous Products | 2 Years | R.C. §2305.10(A) |
Actions Against the Government
Type of Claim | Statute of Limitation | Statutory Reference |
---|---|---|
Certain actions against the State in the Court of Claims | 2 Years | R.C. §2743.16 |
Actions Against Political Subdivisions | 2 Years | R.C. §2744.04 |