Legal Question in Personal Injury in Ohio

Re: Delayed injury following MVA

The statute of limitations for your wife's personal injury claim is two years. Under the facts that you provided, there is no argument that it is longer. The discovery of more serious damages after the statute expires does not extend the statute.

However, you have a claim for loss of consortium for the injuries to your wife. Loss of consortium compensates a spouse for the loss of the love, society, companionship, and support of the injured spouse. For example, you would be compensated for having to take over household tasks, for an interuption of your intimate relationship, for loss of wages, etc. The statute of limitations for this cause of action is four years from the date of the injury. The downside is that a jury rarely awards substantial damages for a loss of consortium claim and insurance companies do not value the claims highly either.

Of course, this all assumes that you have not entered into a settlement agreement with the at-fault party or his or her insurance company.

If you wish to attempt to pursue this matter, you should sit down with an attorney to discuss the nature of your claim. I would be happy to talk to you or you can contact another attorney who does personal injury work.