Deadlines to File an Injury Lawsuit in Ohio

An action for bodily injury must be filed within two years after the cause of action accrues, which is generally when the injury occurs. For injuries from exposure to certain substances (such as hazardous chemicals, prescription drugs or medical devices, or asbestos), the clock starts when the person learns, or reasonably should have learned, that the injury is related to the exposure.

Two years for an action for injuring personal property, such as a car. Four years for trespass on real property and for recovering or wrongfully taking personal property.

One year after the cause of action accrues. If, before the year runs out, the patient sends the provider written notice (by certified mail) that a claim is being considered, the lawsuit may be filed within 180 days after the notice. There is an outer limit of four years after the act or omission. If the injury could not reasonably have been discovered within three years but is discovered before the four years end, the patient has one year after discovery; a claim over a foreign object left in the body may be filed within one year after it was or should have been discovered. Minors and persons of unsound mind are treated differently.

Two years after the date of death. Wrongful death claims involving product liability have an additional ten-year limit measured from delivery of the product, with exceptions.

State: suits against the state are filed in the Ohio Court of Claims within two years after the claim accrues (or any shorter period that applies to similar private suits). For certain claims covered by the state's risk management program, the claimant must first try to have the claim settled by the Office of Risk Management before suing. Local governments (political subdivisions): the lawsuit must be filed within two years; punitive damages are not allowed; damages other than actual losses (such as pain and suffering) are capped at $250,000 per person, except in wrongful death actions; and insurance or other benefits the claimant receives are deducted from the award.