Ohio Minor Personal Injury Statute of Limitations

Jul 24, 2023

By admin

Ohio Minor Personal Injury Statute of Limitations

Suffering a personal injury can be an especially stressful time for anyone. But when it is a minor child who has suffered a personal injury, there is an extra layer of stress and concern. The severity of the injury and the potential long-lasting impact the injury may have on a minor may leave you with a wide range of questions, including how you are going to cover unexpected medical costs and how you will go about holding the liable party responsible.

And while you may be familiar with how a personal injury claim is handled for an adult, there are some key differences to be aware of for minor personal injury claims in Ohio.

Below, we take a look at what the statute of limitations is for a minor personal injury claim in Ohio and what exactly that means.

Ohio Minor Personal Injury Statute of Limitations

The statute of limitations for personal injury claims in Ohio is two years “after the cause of action accrues,” as outlined in Section 2305.10 of the Ohio Revised Code. This means that someone who has suffered a personal injury will need to file some kind of legal action within two years of the date of the incident or accident.

If they do not file within that time frame, they run a serious risk of losing the ability to take legal action against the responsible party.

In certain cases, the date on which someone may file may start on the date that they discover they have grounds to file as well.

Is Ohio Tolling Statute of Limitations for Minors?

Before we get into the particulars of what the statute of limitations for minors in Ohio is, let’s discuss tolling. Tolling “pushes pause” on the statute of limitations, allowing someone more time to pursue it without losing the right to litigate the claim.

For minors who have suffered personal injuries, the statute of limitations is tolled until the minor turns 18. This means that their deadline to file suit on a personal injury claim will not start until they turn 18 years old. Therefore, the claim must be filed within two years of the minor’s 18^th birthday, as defined by Ohio Revised Code Section 2305.

For example, say a 13-year-old was injured in a slip and fall accident in a retail establishment. The statute of limitations for them to seek legal action would start the day they turn 18 and run for two years after, meaning it needs to be filed within two years of the minor’s 18^th birthday.

What is the Statute of Limitations for Minors in Ohio?

The statute of limitations for minors in Ohio is different from that of the deadline for adults. Under Section 2305.16 of the Ohio Revised Code, minors or anyone of unsound mind, must file a claim within two years following their 18^th birthday or two years from the date that the disability designation is removed.

The tolling of the statute of limitations for minors is not the only option though. A parent or legal guardian can also seek to file on behalf of the minor as well. This is an exception to the typical rule of someone not being able to file a claim or lawsuit on behalf of another person.

Should a parent or legal guardian file suit on behalf of the minor, they will essentially stand in for the child during the case and act on the child’s behalf. In Ohio, state law requires that the settlements of any minor’s legal claims or cases receive court approval, even if a parent or guardian is filing on their behalf. This occurs because the law does recognize that a parent or guardian may have a conflict of interest in relation to the minor.

If you are a parent looking to file a claim on behalf of a minor, reach out to our team today.

Contact The Friedmann Firm Today for Assistance

If your minor child has been injured, it can be prudent to contact a Columbus personal injury attorney as soon as possible. As with any kind of personal injury case, there are complexities to pursuing a claim on the behalf of a minor from required deadlines to ensuring that all evidence has been gathered. The Friedmann Firm team is here to help you.

We work to ensure that you understand your rights, your child’s rights, and the specific laws that apply to your situation. Our personal injury lawyers understand how life-altering injuries can be and how complicated the legal process can be as people seek fair compensation for their losses. You are not alone during this stressful and scary time – our team is fully committed to each and every case we take on.

To schedule a free and confidential consultation with our team, you can contact us over the phone at 614-610-9755 or through our online contact form.

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