Legal Question in Civil Litigation in Ohio
Statute of Limitations
I was wondering what the statute of limitations would
be to file a civil suit against someone who has been
convicted of child endangerment. My niece was shaken
and almost died, and now is blind, cannot speak,
cannot walk, and is totally dependant on her mother.
The doctors bills are becoming too much and would
like to see if she could get some remedy. Thank you
very much
3 Answers from Attorneys
Re: Statute of Limitations
The SOL is one year from the date of injury for assaults, two years for negligence. If your neice is not 18 yrs. of age, she has one or two years from her 18th birthday.
Re: Statute of Limitations
The statute of limitations for someone under the age of 18 does not begin to run until the person turns 18 years of age. In Ohio, for intentional acts such as assault and battery, the statute of limitations is one year. For negligence, such as accidental injuries caused by car wrecks, the statute of limitations is two years. Other factors may affect the statute of limitations such as mental illness, which may cause the statute of limitations never to run. As a general rule, the sooner a lawsuit can be brought, the better. Do not wait too long to initiate your child's lawsuit. People remember the facts better, witnesses are still available, and the statute of limitations need not be considered as a potential problem if you bring your lawsuit in a timely fashion. You really should speak to a lawyer "one on one" about your case to avoid any problems. I can be reached toll free at 1-888-883-2600. I would be happy to work with you in finding a lawyer who can help you in your area.
Re: Statute of Limitations
In Ohio, the statute of limitations to bring an action for personal injury is two years. However, if your niece is bringing the action, she has until two years from her 18th birthday (her minority tolls the statutory time.) Many other issues must be considered other than just the time limit (e.g., does the perpetrator have assets/insurance to pay a judgment, etc.) I would be happy to discuss the matter in more detail. Feel free to call me at 513-563-3003.