You’ve probably heard the term “statute of limitations” tossed around—maybe it’s been drilled into your head that there’s no time limit on serious crimes like murder, or you’ve seen some crook on TV thinking they can outsmart the law by laying low until the clock runs out. But what about lawsuits? Is there a deadline for filing a court case?
Hell yeah, there is, and it’s not as lenient as you might think! A statute of limitations is basically an “expiration date” on your right to drag someone to court. The clock’s ticking, and each state sets its own deadlines for different kinds of lawsuits based on what the case is about.
For stuff like personal injury from car accidents, slip and falls, dog bites, or any mess where someone’s negligence lands you in trouble, there’s a “one-size-fits-all” deadline. But if you’re suing over vehicle damage or wrecked personal property, that’s got its own deadline, separate from the personal injury clock.
So, let’s break it down. In California, you’ve got 2 years to file an injury lawsuit. In New York, it’s 3 years, and in Florida, they’re giving you 4 years. But if you’re dealing with vehicle damage, the deadlines shift. Pennsylvania’s got a 2-year limit, Missouri lets you go up to 5 years, and New Jersey stretches it to 6 years.
Got a mixed bag of claims? Too bad; each one’s got its own deadline. But in Ohio, it’s straightforward—thanks to Revised Code Section 2305.10, you’ve got 2 years from the date of the accident to file a lawsuit for personal injury, product liability, or property damage.
Remember, these deadlines are all about filing a lawsuit. If you’re thinking of going through insurance instead, you might be in luck, especially if it’s just property damage with no injuries. Insurance claim deadlines depend on your provider and state laws, so check those details pronto.
Kick off your insurance claim process way before the lawsuit clock starts ticking. You don’t want to be scrambling at the last minute. Get your claim sorted out well ahead of the statute of limitations—if you don’t, you might have to file a lawsuit just to keep your rights intact if a settlement doesn’t come through in time. Now, you might be tempted to skip filing a claim if the damage seems minor and you’re thinking of handling it yourself. After all, no one wants to risk insurance surcharges. But here’s the kicker: if the other party decides to report the accident later, especially if they find more damage or end up injured, you could be in deep trouble. You might be breaching your insurance policy, leaving yourself exposed to financial liability if they sue. And trust me, you don’t want to be stuck covering those costs out of your own pocket.
Once the statute of limitations clock runs out, if you try to file a lawsuit anyway, expect the defendant to hit the court with a motion to dismiss. The court’s gonna grant it, and you’ll be left high and dry with no legal recourse left.
But don’t lose hope just yet—there are a few ways the statute of limitations might get put on ice or extended:
- Imprisonment: If the defendant is locked up during any part of the statute of limitations period, the clock freezes for the length of their prison stint, according to Ohio Revised Code section 2305.15.
- Disability: If the property owner is under 18 or deemed “of unsound mind” when the damage happens, the time they’re dealing with this disability doesn’t count against the statute of limitations, as per Ohio Revised Code section 2305.16.
Keep these points in mind to make sure you’re not left out in the lurch.
There are a few rare exceptions to the statute of limitations deadline set by state law that could throw a wrench in your filing timeline. These special circumstances can mess with the usual deadlines, but they vary by state and are spelled out in the statutes. Here’s the lowdown on when you might get a break:
- Minors: If the injured party was a minor at the time of the accident, the statute of limitations might be put on hold until they come of age.
- Mental Incapacity: If the injured party was mentally incapacitated or deemed of “unsound mind” when the accident happened, this could pause the clock.
- Defendant’s Escape: If the person who caused the accident skips town and can’t be served with a lawsuit, this might also extend the deadline. Beyond these exceptions, you’re out of luck if you miss the deadline. There’s no other legal wiggle room to save your case, even if you have the best lawyer on the case. Sometimes the law’s just set in stone, and you’ll be left with nothing if you let the clock run out.
– Camille
