Understanding Statutes of Limitations in Motorcycle Accident Cases in Ohio
Motorcycle accidents can result in devastating injuries, significant property damage, and emotional distress. If you or a loved one has been involved in a motorcycle accident in Columbus, Ohio, it’s crucial to understand the statute of limitations—the legal deadline for filing a lawsuit. Missing this critical deadline can mean losing your right to recover compensation for your injuries and damages.
At Mike Christensen Law Offices, we are here to ensure you don’t miss any deadlines while pursuing the justice and compensation you deserve.
What Is the Statute of Limitations for Motorcycle Accident Cases in Ohio?
In Ohio, the statute of limitations for motorcycle accident cases depends on the type of claim being filed:
- Personal Injury Claims
- You have two years from the date of the accident to file a lawsuit for injuries sustained. This includes compensation for medical bills, lost wages, pain and suffering, and other damages related to your injuries.
- Property Damage Claims
- For damages to your motorcycle or other personal property, Ohio provides a four-year statute of limitations.
- Wrongful Death Claims
- If a loved one has passed away due to a motorcycle accident caused by someone else’s negligence, surviving family members have two years from the date of death to file a wrongful death lawsuit.
Why It’s Important to Act Quickly
While these deadlines may seem generous, delaying action can weaken your case. Evidence such as accident reports, witness statements, and physical evidence can become harder to gather over time. Acting quickly ensures your legal team can build a strong case and negotiate with insurance companies from a position of strength.
Exceptions to Ohio’s Statute of Limitations
Ohio’s statute of limitations laws do allow for some exceptions, but they are rare and require specific circumstances:
Someone who suffers a personal injury from a motorcycle crash typically has two years to file a lawsuit for compensation, according to Ohio Revised Code Section 2305.10. However, there are important exceptions to this rule:
- Minors
According to Ohio Revised Code Section 2305.16, if the individual is a minor when the accident occurs, they have two years after their eighteenth birthday to file a personal injury lawsuit.
- Minors
- If the injured party is under the age of 18, the statute of limitations for personal injury claims may be paused until they turn 18.
- Mental Incapacity
- If the injured party is mentally incapacitated at the time of the accident, the statute may be tolled until they regain capacity.
- Discovery Rule
- In limited cases, if an injury is not immediately apparent (such as internal injuries), the statute of limitations may begin on the date the injury was discovered or should have been reasonably discovered.
- Claims Against Government Entities
- If your accident involved a government vehicle or occurred due to poor road maintenance by a government agency, you must file a notice of claim within six months of the accident.
Consequences of Missing the Deadline
Failing to file your lawsuit within the statute of limitations typically results in:
- Case Dismissal: Courts in Ohio will almost always dismiss a case filed after the legal deadline.
- Loss of Compensation: Missing the deadline means forfeiting your right to recover damages for medical expenses, lost income, property damage, and pain and suffering.
To avoid these consequences, contacting an attorney as soon as possible after the accident is critical.
How Mike Christensen Law Offices Can Help
At Mike Christensen Law Offices, we understand the complexities of Ohio’s statute of limitations laws and are committed to protecting your rights. Here’s how we can help:
- Case Evaluation: We’ll assess your case, explain your legal options, and determine the applicable deadlines.
- Evidence Collection: Our team will gather the evidence needed to strengthen your case, including accident reports, medical records, and witness testimony.
- Timely Filing: We’ll ensure all legal documents are prepared and filed on time so you don’t miss critical deadlines.
- Negotiation and Litigation: We’ll work tirelessly to negotiate with insurance companies for a fair settlement. If necessary, we’ll take your case to court to fight for maximum compensation.
