The Toledo car accident statute of limitations for an adult is two years from the date of the accident. Hypothetically if an accident happened on July 1, 2016, the statute of limitations would be June 30, 2018 so in fact, a person needs to file the lawsuit one day before the two years would be up for an adult.
For a minor, meaning in Ohio law somebody under 18, the statute of limitations would be two years but it would be two years or the day before two years and the statute of limitations begins on the minor’s 18th birthday. In fact, if a minor was involved in a car accident when they were six years old they can file the lawsuit up until the day before their 20th birthday otherwise a person would lose their rights to bring the lawsuit. In these instances, time is of the essence. If you have been involved in a Toledo car accident, get in touch with an adept car accident lawyer today.
Calculating the Statute of Limitations
The statute of limitation begins on the day of the accident, so for example, if the accident happened on December 1st, that would be the first day that the statute of limitations would be running. For example, December 1, 2016, if that is when the accident happened, the statute of limitations would be up on the last day of November of 2018 for an adult, and once again for a minor, it does not start running until their 18th birthday and it would be the day before their 20th birthday.
The Toledo car accident statute of limitations is calculated on a two-year basis. There are some exceptions based on if the defendant was out of state for an extended period of time, or if the plaintiff, the injured party, was incompetent for a period of time in a mental institution or something like that. But the general rule without the specific exceptions would be the day before the two years on the date of the accident for the adult and the day before the two years of the 20th birthday for a minor.
Different Kinds of Statutes of Limitations
For example, a medical malpractice case would be one year from the date a person knew or should have known there was malpractice. However, that date is often up to dispute so there is also something called an 180-day letter, which means prior to the one year statute of limitations running or being over with, they can pull the statute of limitations and pull means extend the statute of limitations by sending a certified letter informing them of the claim to every potential defendant in the medical malpractice case.
For example, if it is a case against the doctor, a person would have the 180-day letter sent to the doctor, the doctor’s corporation, and perhaps the hospital where the incident happened. Any potential defendants would have to be served, meaning given a copy of the statute of limitations, the 180-day letter, and that would extend it for 180 days.
For example, an intentional tort claim, that might be something like an assault claim or somebody slugs somebody in the face intentionally, the statute of limitations is one year from the date of the assault. For a dog bite case in Ohio, what is interesting is that there is a specific statute in Ohio where the statute of limitations is six years from the date of the dog bite or the dog attack, or potentially for a minor who is injured by a dog bite, it could be six years from their 18th birthday so in fact the day before their 24th birthday. Those are the examples of
Toledo car accident statute of limitations.
Necessity of an Attorney
Following a car accident and seeking the necessary medical treatment, it is vital that you get in touch with a Toledo car accident lawyer. Toledo car accident statute of limitations start right after the accident occurs. An attorney can begin to collect evidence, conduct their investigation, and begin to build your case. Furthermore, a lawyer will understand the nuances involved in a car accident case, and can work tirelessly to achieve a positive outcome for you. If you have been involved in a car accident, contact a personal injury lawyer today.