Ohio Personal Injury Statute of Limitations

The Statute of limitations is the deadline for filing a personal injury lawsuit in court. In Ohio, missing this deadline almost always means the claim is permanently barred — no matter how strong the evidence, how severe the injury, or how clear the defendant's fault.

The general personal injury statute of limitations in Ohio is 2 years from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.

Two years for bodily injury or injury to personal property. One year for assault and battery (§2305.111).

Wrongful death claims must be filed within 2 years of the date of death — not the date of the negligent act that ultimately caused death. Two years from date of death. Brought by personal representative of the estate.

Medical malpractice claims in Ohio have specific deadline rules that may differ from the general personal injury statute.

1 year from discovery or when injury should have been discovered, but subject to 4-year statute of repose from the act or omission. Minors under 6 have until their 6th birthday (§2305.113(D)).

Ohio recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.

This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.

Common-law discovery rule: SOL accrues when plaintiff discovers or should have discovered the injury. Applied in medical malpractice and latent injury cases. See Flores v. Blum, 142 Ohio St.3d 57 (2014).

A statute of repose sets an absolute outer deadline — it cannot be extended by the discovery rule, tolling, or any other exception. In Ohio, the repose period is 4 years from the date of the act or omission.

4-year statute of repose for medical malpractice from date of the act or omission (§2305.113(C)). One-year SOL from discovery within the 4-year repose period.

Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:

• Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
• Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
• Defendant absence from the state — if the defendant leaves Ohio, the time away may not count toward the limitations period
• Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery

Claims against Ohio government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: Written notice to the political subdivision within 2 years of injury. No specific pre-suit notice period required, but claims must be filed within the SOL.

Ohio Political Subdivision Tort Liability Act. Political subdivisions are generally immune except for negligent operation of motor vehicles, negligent acts of employees on proprietary functions, failure to maintain roads, and employee negligence causing injury within or on the grounds of, and due to physical defects in, buildings used for governmental functions (not including jails or other detention facilities) (§2744.02). Punitive damages are barred, and damages that do not represent actual loss (e.g., pain and suffering) are capped at $250,000 per person except in wrongful-death actions; actual economic loss is not capped (§2744.05).