Attorney Calder Mellino discusses Ohio’s statute of limitations for car accident cases and key exceptions that can change filing deadlines. He talks about common mistakes that put claims at risk, why communication with your lawyer matters, and what to do if your deadline is getting close. Listeners learn practical steps to preserve their rights and avoid losing compensation by waiting too long.
John Maher: Hi, I’m John Maher and I’m here today with Calder Mellino, a partner with the Mellino Law Firm, a personal injury law firm in Cleveland, Ohio. Today, our topic is “how long do you have to file a car accident claim in Ohio”. Welcome, Calder.
Calder Mellino: Thanks for having me.
Ohio’s Statute of Limitations for Car Accidents
John: Sure. Calder, what’s the statute of limitations in Ohio for auto accident injury claims?
Calder: The statute of limitations in Ohio for auto accident claims is two years from the date of the accident.
John: Okay. Are there any exceptions to that, that might extend or shorten that time?
Calder: There are exceptions such as if it’s a wrongful death where unfortunately someone dies, the wrongful death claim is two years from the date of the death. Another exception might be for minors, anyone under 18, but I want to caution that you should not be doing the math on these deadlines yourself. For instance, the wrongful death is two years from the date of death, but the person who died still has a separate claim for their pain and suffering before their death, and that two years is still from the date of the collision. So if they died days, weeks, months later as a result of the car accident, it’s two years for the wrongful death from the date of their death, but it’s two years from the date of the collision for their pain and suffering. And there’s all of these types of quagmires and lawyer math that you need to worry about as to what the deadlines are. So I would caution you not to try and figure out the deadline yourself and contact an attorney as soon as possible after any auto accident.
Common Mistakes That Jeopardize Your Claim Deadline
John: So along those lines, are there any common mistakes that people make that maybe run them close to that deadline or maybe even issues that they’re having in terms of communicating with their lawyer or not getting back to them or things like that? What could get people to get close to or miss their deadline?
Calder: Yeah. So the biggest mistake people run into is not contacting an attorney soon enough, whether it’s that they’re not sure whether they want to file a lawsuit or they’re talking to the insurance themselves. It’s important to know that just talking to a lawyer doesn’t mean that they’ll file a lawsuit the next day. They’re certainly going to talk to you about what your desires are and what you want from this.
Another thing that can get you into trouble or cause issues is not being specific with dates. It’s important for us to know exactly what date [things] happened, and not just the accident. What are the dates of treatment? What days did you see certain doctors? You understand you might not remember every specific detail, especially after a serious accident. We need to work with lawyers to nail all that down to make sure we’re not missing any deadlines. And that’s why it’s important to call a lawyer, get engaged, and start that process as soon as possible.
John: So communication is key, it sounds like. And making sure that you’re writing down everything as the whole process goes down. If you have a meeting with your doctor, you want to note what the date was that you met with the doctor. If you got a diagnosis on a certain date, write that down. Just basically almost keep a journal, if you will, and document every aspect of what’s going on. Is that accurate?
Calder: That’s right. The more information you can give an attorney, the more you’ll be able to help your own case and to make sure no deadlines are missed, no evidence is lost, and no stone is left unturned.
How Often Do People Wait Too Long to File?
John: In your experience, how often do people wait too long and lose compensation? Are you getting calls from people saying, “Hey, I had an accident a year ago and this happened,” and you’re like, “yeah, it’s too late, sorry”? How often does that happen?
Calder: Oh my gosh, yes, it happens far too much. And again, like we said, there’s these different deadlines and that’s what can get people in trouble is they say, “oh, well, I just stopped seeing this doctor on this date”, or, “oh, well this happened on that date. I thought that’s when this timeline started”. And that’s why it’s important to let the lawyers do the math and to just contact a lawyer as soon as possible.
Steps to Take When the Deadline Is Approaching
John: And what should someone do immediately to preserve their claim if in fact their time might be starting to run out?
Calder: Again, calling a lawyer as soon as possible. Even if you think the time may have run out, there may be something a lawyer can do, they can act quickly to preserve your rights. Only filing a lawsuit can end that deadline. Another common misconception is that people think if they’re talking to insurance already or they’re working through the process, that that clock goes away or that deadline goes away. And that’s just not true. And the insurance companies know that and they know what the clock is, and sometimes they’re just trying to see if they can run it out by stringing you along. And that’s why engaging a lawyer and getting them involved in the process can be so important to preserving your rights.
Misconceptions About How Long Lawsuits Take
John: Do some people think that filing a lawsuit takes a really long time, so, “hey, I’ve only got a month left in my statute of limitations, it’s probably not worth my calling a lawyer, because they’re never going to be able to file something on time.” Do you get that sort of attitude?
Calder: Yes, we see that and that’s just not the case. In the event of an emergency or closely approaching deadline, there are things we can do and last minute filings we can make to make sure your rights are preserved and then go back and do it the right way and preserve everything. And in terms of lawsuits taking a while, insurance companies try and take advantage of that to get you to take a quick payout or a low ball amount just to go away and try and move on. And although the process can sometimes be longer than people would like, if you want to get the full value and be fully compensated for what happens, it’s worth the process to go through and do it right with the insurance companies to make sure you receive what you’re owed.
John: All right, well, that’s really great information, Calder. Thanks again for speaking with me today.
Calder: Thanks so much.
John: And for more information, you can visit the Mellino Law Firm website at MellinoLaw.com or call 440-333-3800.