Ohio Statute of Limitations
What You Must Know Before Time Runs Out
Quick summary
In most Ohio personal-injury and wrongful-death cases you have two years from the date the cause of action accrues to file a lawsuit. Some claims (notably medical-malpractice and certain product/exposure claims) have different limits, shorter discovery windows, or statutes of repose. Because the rules are technical and exceptions matter, contact a lawyer quickly — missing a deadline can permanently bar your case.
Resource:
At a glance — Common Ohio deadlines (typical rules)
2 years from the date the injury or loss occurs (the “accrual” date).
Wrongful death actions:
2 years from the decedent’s date of death (with some product-liability carve-outs).
Medical, dental, optometric, chiropractic malpractice:
Generally 1 year from accrual (with a 4-year statute-of-repose from the negligent act). Special discovery exceptions apply.
Typically 2 years, but government claims and Court of Claims procedures have special requirements and shorter notice windows can apply for certain claims — see “Suing the Government” below.
Normally 2 years from accrual, but ORC contains special accrual rules for exposure claims and a 10-year outer limit for some product claims.
Important details & common exceptions
For many accidents the cause of action accrues on the date of injury (e.g., crash date). But Ohio law contains discovery-rule and exposure-specific accrual rules: for injuries from toxic exposures, certain drugs, asbestos, etc., accrual may be the date you are (or should have been) informed by competent medical authority that the injury is related to the exposure. Read the statute text for the full list of special rules.
Medical malpractice — one year + 4-year repose
Medical malpractice claims must generally be filed within one year of accrual, but Ohio also bars malpractice suits more than four years after the negligent act (a statute of repose). There are narrow discovery exceptions (for example, foreign-object cases), and the law also allows a short filing extension if you notify the provider in time. Because the rules are layered and deadlines differ from ordinary torts, medical claims require prompt action.
If the injured person is a minor or is legally of unsound mind, Ohio’s tolling provisions can delay the running of the limitations period until the disability is removed (for example, two years after turning 18 in many cases). See ORC §2305.16
If the injured person is a minor or is legally of unsound mind, Ohio’s tolling provisions can delay the running of the limitations period until the disability is removed (for example, two years after turning 18 in many cases). See ORC §2305.16
Suing a public entity or state agency involves different procedures (Court of Claims for many state claims) and sometimes shorter or additional notice rules. The Political Subdivision Tort Liability Act sets many of the rules for local governments; the Court of Claims governs suits against the State. Always check the precise procedure and any “notice of claim” requirement — those procedural rules can be jurisdiction-specific and strictly enforced.
Practical checklist
Accidents in Ohio?
-
Seek medical care
and keep records (ER reports, provider names, follow-ups). -
Do NOT give recorded statements to insurers
without speaking to a lawyer. -
Preserve evidence:
photos, videos, police report number, witness names/contact info, vehicle IDs, equipment or product samples. -
Contact an experienced Ohio attorney right away
they’ll calculate exact deadlines, preserve evidence, and if necessary, file timely notices or suits. -
Write down dates
(accident date, discovery of injury, any diagnosis dates). These dates determine the statute of limitations.
Common scenarios — deadlines you’ll likely face
Car / motorcycle / pedestrian crash
2 years from crash date (unless an exposure/discovery rule applies).
Wrongful death
2 years from date of death (special product exceptions exist).
Medical malpractice (doctor/hospital)
generally 1 year from accrual, but no more than 4 years from the act/omission (statute of repose).
Product defect discovered years later
accrues on discovery in many cases, but 10-year product limits may apply.
Claim against the State of Ohio
file in the Ohio Court of Claims and observe Court of Claims deadlines and rules (generally 2 years, but underlying shorter statutes can control).
Where these rules come from (key primary sources)
Ohio Revised Code § 2305.10
Bodily injury / product liability (general 2-year rule; special accrual & repose language).
Ohio Revised Code § 2305.113
Medical malpractice (1-year limitations; 4-year repose and discovery exceptions).
Ohio Revised Code § 2125.02
Wrongful death (2-year limit; product-liability exceptions).
Ohio Revised Code Chapter 2744 and § 2744.04
Political subdivision tort liability (statute of limitations and special rules for municipal claims).
Ohio Court of Claims
filing rules and procedures for claims against the State
You can read the statutes yourself on the Ohio legislative site (Ohio Laws & Codes)
those are the official texts we relied on above.
Frequently Asked Questions
I discovered my injury months after the crash. When does the clock start?
It depends. For normal trauma (e.g., broken bone after a crash), accrual is usually the crash date. For latent injuries (toxic exposure, defective drugs, some product claims), accrual may be the date you learn the injury is related to exposure. Ohio law lists specific rules for these situations.
I was treated at a hospital but learned of complications 3 years later. Can I still sue?
Medical malpractice has a strict one-year rule from accrual and an absolute four-year repose in many cases. If your discovery falls within the statute’s narrow exceptions, you may have time, but you must act quickly.
Is the deadline different if the defendant is a city, county, or the State?
The basic limitation periods often remain the same, but claims against public entities involve special procedures, and the Court of Claims has its own rules. You may need to file a notice or pursue administrative steps before filing suit. Do not assume the rules are identical — get counsel promptly.
Need help calculating your deadline?
Contact us — we can help now
Statutes of limitations are technical; a missed deadline usually means you cannot recover.If you have an Ohio injury, medical, product, or wrongful-death question, our attorneys will:
- Review your dates and records,
- Calculate any applicable discovery rules, tolling, or statutes of repose, and
- Take immediate steps (notifications, preservation letters, filings) to protect your rights.
Legal disclaimer
This page provides general information only and does not create an attorney-client relationship. Statutes and rules change; the content above summarizes key Ohio rules as of the time this page was prepared and cites the Ohio Revised Code and Court of Claims materials. For advice about a specific case, please contact a licensed Ohio attorney right away.
Contact Us for a Free
Consultation
Ready to discuss your case? Our team is available 24/7 to provide expert guidance and fight for the compensation you
deserve. Call us or fill out the form below to get started.