Statutes of Limitations For the Greater Cincinnati Area

by | Apr 19, 2021 | Uncategorized

As we mentioned in our other article for this month, the statute of limitations (maximum amount of time after an event that legal proceedings can be initiated) is different for each state, so it’s important to be aware of the specific set of laws for your state. That’s why we’ve compiled the statute of limitations for each state in the tri-state area for your convenience! 

Statutes of Limitations: Ohio

The statute of limitations on personal injuries and most misdemeanors for Ohio is two years, per Ohio Revised Code 2305.10 (A). This means you have up to two years to bring your case to litigation in order to recoup your damages. Being timely is important—if you are even a day late, you will no longer have this opportunity and be forced to pay for everything yourself. 

There are some exceptions to this rule. In the case of a minor, the statute of limitations does not start until they reach the age of 18, the age of majority. This means they then have until they turn 20 to bring their case to court. If the personal injury was sustained by an individual deemed mentally incompetent, they have until the “removal of the disability” before the statute begins. For more details on this, read Ohio Revised Code 2305.16

Statutes of Limitations: Kentucky

The statute of limitations on personal injuries and petty crimes in the state of Kentucky is different from Ohio and requires an expedited pace. Whereas Ohio is two years, Kentucky Revised Statutes section 413.410(1)(a) states that the statute is only one year before expiration. After that, it becomes very difficult if not impossible to recoup your damages. 

Just like Ohio, though, there are some similar exceptions. Per Kentucky Revised Statutes section 413.170, the plaintiff being a minor or someone of “an unsound mind” effectively “stops the clock”, meaning the one year window does not begin until the minor turns 18 or the “disability is removed”. 

Statutes of Limitations: Indiana

The statutes of limitations present in Indiana are practically identical to one of our other states: Ohio! Both have blanket statutes of limitations on personal injury and similar cases of two years, per Indiana Code 35-41-4-2 (2).  

Indiana, true to form, keeps the pattern going with our same exception, though, including exceptions for minors and the mentally unsound. Identical to both Kentucky and Ohio, the two year window does not begin until the minor turns 18 or the “disability is removed”. 

Navigating complex laws like these on your own is tough, but it doesn’t have to be. It’s important to work with a licensed attorney in order to get the legal settlement you deserve and to ensure you are informed and aware of your options. The longer you wait, the harder litigation becomes, so talk to a lawyer today and begin your journey towards justice.

Legal Insight