Personal Injury · Statute of Limitations
Injury Lawsuit Deadline in Ohio
How long you have to file a personal-injury lawsuit in Ohio, the statute of limitations, plus when the clock starts, the discovery rule, and the shorter deadlines for suing a government body. Cited to the statute.
How the deadline works in Ohio
When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for particular claims.
| How the clock works | In Ohio | What it means |
|---|---|---|
| Standard deadline | 2 years | The general limitations period to file a personal-injury lawsuit. |
| Statute | Ohio Rev. Code §2305.10(A) | The controlling statute for the limitations period. Read the full text through the source link below. |
When it starts
The clock generally starts when the cause of action accrues, which under §2305.10(A) is when the injury to the person occurs. For a narrow list of toxic exposures the statute sets a later, discovery-based start date.
Discovery rule Yes
Narrow. For most injuries the two years run from when the injury occurs. Section 2305.10(B) sets a discovery-based start only for specific exposures the Legislature named, such as asbestos and certain chemicals, and Ohio courts apply a cognizable-event rule to some latent-injury cases. For an ordinary crash or fall, expect the clock to run from the incident.
Statute of repose: None
There is no general statute of repose for ordinary negligence injury claims. Ohio does set outer limits for specific areas, including a ten-year product-liability repose in §2305.10(C) and separate repose periods for construction and medical claims, but those sit outside the standard bodily-injury clock.
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Claim against a government body | 2 years, separate chapter | Ohio does not impose the short six-month pre-suit notice that some states require. A claim against a city, county, township, or school district still runs two years under the political-subdivision immunity statute, §2744.04(A), and a claim against the State goes to the Court of Claims within two years under §2743.16(A). Some cities set their own notice-of-injury ordinances, so check the local rules early. |
| Injured person is a minor | Tolled to age 18 | For a child, the two-year clock is generally paused until the child turns 18 under §2305.16, so suit can be filed within two years of the 18th birthday. |
| Wrongful death | 2 years from death | A wrongful-death action must be brought within two years of the date of death under §2125.02(D), which is not always the same day as the injury. |
What you can do right now
Concrete, neutral steps if you were injured in Ohio and the clock is running. This is legal information, not legal advice.
- Pin down your injury date and count two years
Write down the exact date you were hurt. In most cases you have two years from that date to file suit under §2305.10(A). Marking the deadline early keeps a missed filing from ending your case before it starts.
- Do not count on the discovery rule
Ohio runs the clock from the injury for ordinary accidents. The discovery-based start in §2305.10(B) is written for specific toxic exposures, not a typical crash or fall, so treat the injury date as your deadline.
- If a government body is involved, check for a local notice rule
Claims against Ohio cities, counties, and the State still run two years, but they go through separate immunity chapters, and some cities require an injury notice sooner by ordinance. Identify any public defendant right away.
- Talk to an Ohio attorney before the deadline runs
Limitations questions turn on specific facts, and exceptions cut both ways. A licensed Ohio personal-injury lawyer can confirm your exact deadline. The Ohio State Bar Association can refer you to one.
A limitations deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ Ohio State Bar Association · Find a LawyerThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Ohio injury claimants get wrong
Ohio gives you two years to file most personal-injury lawsuits, set by Revised Code §2305.10(A), which says an action for bodily injury shall be brought within two years after the cause of action accrues. The clock generally starts on the date you were hurt, not when you finish treatment or decide to sue. One trap in Ohio is different from the usual warning about government-claim notice, because Ohio does not require the six-month pre-suit notice that some states do. The real risk here is assuming the discovery rule will rescue a late filing. For ordinary injuries the two years run from the incident, and the discovery-based start in §2305.10(B) is written for specific toxic exposures such as asbestos, not for a typical crash or fall. A second point: claims against a city, county, or the State are still two years, but they run through separate chapters, §2744.04 for political subdivisions and §2743.16 for the Court of Claims. If you are close to two years, treat the deadline as firm and get advice now.
Common questions
How long do I have to sue after a car accident in Ohio?
Two years from the date of the accident for injuries to your body, under Revised Code §2305.10(A). A claim for damage to your vehicle has its own deadline, but the personal-injury clock is the two-year one.
What is the statute of limitations for personal injury in Ohio?
Two years from the date of the injury for most personal-injury claims, including negligence, under §2305.10(A). A few situations change the start date or route the claim through a different court, such as claims against government bodies.
Does Ohio have a discovery rule for injuries?
Only a narrow one. For most injuries the two years run from when the injury occurs. Section 2305.10(B) sets a later, discovery-based start for specific exposures the Legislature named, such as asbestos, and courts apply a cognizable-event rule to some latent-injury cases. For an ordinary accident, do not count on it.
What happens if I miss the two-year deadline in Ohio?
A lawsuit filed after the limitations period runs can be dismissed on the defendant’s motion, regardless of how strong the claim is. Tolling for a minor or a narrow discovery provision may apply, but you cannot count on it. File on time.
Is the deadline shorter if I am suing a city or the state in Ohio?
The period is still two years, but the route differs. Claims against political subdivisions run under §2744.04, and claims against the State go to the Court of Claims under §2743.16. Ohio has no general six-month notice rule, though some cities set their own injury-notice ordinances, so check the local rules early.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.