InjuryOhio gives you 2 years from the date of injury to file a personal injury lawsuit, under Ohio Revised Code §2305.10 — a standard deadline covering bodily injury claims arising from negligence.
The Standard 2-Year Deadline
Ohio Revised Code §2305.10 sets a two-year window for actions "for bodily injury or injuring personal property," covering most car accidents, slip and falls, product liability, and similar negligence-based personal injury claims. The clock generally starts on the date the injury occurred.
Modified Comparative Fault: The 51% Bar
Separately from the filing deadline, Ohio uses modified comparative fault with a 51% bar. If you're found 50% or less at fault for your own injury, you can recover damages reduced by your percentage of fault. If you're found 51% or more at fault, you recover nothing.
💡 Being found exactly 50% at fault in Ohio still allows a reduced recovery — it's only at 51% that your claim is barred entirely. That single percentage point can be worth a significant portion of your total damages.
Wrongful Death Follows a Different — and Stricter — Rule for Minors
Ohio treats minors differently depending on the type of claim, which surprises many families:
Tolled During Minority
Under ORC §2305.16, the statute of limitations is generally tolled while the injured person is under 18, resuming once they reach majority.
Not Tolled for Minor Beneficiaries
Under ORC §2125.02, the 2-year wrongful death deadline generally runs from the date of death regardless of whether the beneficiaries are minor children.
⚠️ Families sometimes assume that because minor children are involved, a wrongful death claim's deadline is automatically extended the way a personal injury claim's would be — it generally isn't. The 2-year wrongful death clock under ORC §2125.02 keeps running from the date of death.
Why Both Rules Matter Together
Even a claim filed comfortably within the two-year window can be reduced or eliminated entirely by the fault determination. Thorough documentation of how the accident happened — not just proof that you were injured — protects your recovery under Ohio's comparative fault system.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Ohio?
Generally 2 years from the date of injury under ORC §2305.10.
What happens if I'm found 50% at fault in Ohio?
You can still recover damages, reduced by half. You only lose your entire claim at 51% fault or more.
Does an injured child get extra time to file in Ohio?
Generally yes for personal injury claims — under ORC §2305.16, the deadline is tolled during minority. Wrongful death claims under ORC §2125.02 are different and generally aren't extended for minor beneficiaries.
What is Ohio's statute of limitations for wrongful death?
2 years from the date of death under ORC §2125.02.
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