Ohio Civil Statute of Limitations Laws

Every state has laws dictating the time limits for filing civil and criminal cases. They're called statutes of limitations. There are filing deadlines in civil litigation to ensure that potential plaintiffs can't threaten lawsuits indefinitely. The limitations period also protects the integrity of evidence (including eyewitness testimony) and encourages the timely resolution of disputes.

You must know the statute of limitations for your personal injury claim. If you file your civil case after the statute of limitations period expires, the court will dismiss your claim, and you'll lose your chance of pursuing damages.

Here, we'll discuss the Ohio statutes of limitations and explain how they may affect your civil case. If you fear that you may have missed the limitations period, contact an Ohio personal injury lawyer immediately. If there's time left, they'll try to file your case in time.

What Happens if You Miss the Deadline to File Your Civil Lawsuit?

Ohio law is clear about the time period in which plaintiffs must file their personal injury lawsuits. The courts rarely extend the statutes of limitations period, so you should consult an Ohio attorney as soon as possible after your injury.

If you miss the statute of limitations period by even one day, the judge will dismiss your claim. The judge's clerk will likely notice your error when they get your civil complaint. Even if they don't, the defendant will file a motion to dismiss.

In the state of Ohio, there are a few situations where the judge can extend the statute of limitations. These include:

  • The plaintiff is a minor
  • The courts have declared the plaintiff legally incapacitated
  • The plaintiff can't locate the defendant
  • The plaintiff is not aware of the injury or harm

For the court to extend the statute of limitations period, your injury attorney must prove that you meet one of these exceptions.

Ohio's Filing Deadlines for Civil Causes of Action

The following chart explains Ohio's civil statutes of limitations and references the section of the Ohio Revised Code for each type of civil action.

Personal injury (car accident, product liability)

Two years (§2305.11(a)2305.10, and 2305.111)

Libel/slander/false imprisonment

One year (§2305.11(a))

Wrongful death

One year (§2125.02(b)(2))

Fraud

Four years (§2305.09(c))

Personal property damage

Two years (§2305.10)

Professional malpractice
  • Legal malpractice — one year (2305.11 (a)). (§2305.11)
  • Medical malpractice — One year (§2305.113).
Trespass

Four years (§2305.09(a))

Adverse possession

21 years (§2305.04)

Collection of rents

Four years (§1310.52)

Breach of contract actions
Debt collection
Judgments

10 years (§2325.18)

Note: State laws are constantly changing. Contact an Ohio personal injury attorney or conduct legal research to verify your state laws.

Don't Wait Too Long to Contact an Ohio Personal Injury Attorney

If you have a civil claim, consult a personal injury attorney immediately. The last thing you want to do is have the court dismiss your legal action because you missed the filing deadline. Your attorney will ensure you file your claim on time to have the best chance of recovering damages.

Civil Statutes of Limitations: Related Resources

If you'd like more information on Ohio's civil statutes of limitations, please check out the links to related resources listed below. Look at FindLaw's Details on State Civil Statute of Limitations for general information on the topic.

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