There are a couple answers. Because this is really a couple questions.
The first question is how long do you have to file a lawsuit without having the judge throw the lawsuit out because you waited too long.
The answer is that you are usually – but not always – ok if you file suit within two years of the date of the accident, which is the Ohio statute of limitations for most personal injury lawsuits.
But the answer can be different according to the facts of your lawsuit. It can be shorter if the person or company who caused the accident is from another state, or if the claim is for medical malpractice (1 year in Ohio from the later of your last visit with the doctor who committed the malpractice, or the date on which you should reasonably have discovered the lawsuit.)
The second question is when do you give up on settling the case, and go ahead and file the suit.
The answer to this depends on certain things. First, usually it is difficult to get an insurance company to make a settlement offer if they think they can get out of settling completely. So if they have a reason to fight – for instance, a dispute about who had the red light, or whether you cut in front of their driver – it usually makes sense to file a lawsuit as soon as you can.
Second, often it becomes clear that the insurance company won’t make a reasonable offer until suit is filed. This is more often than not a matter of “feel”; but if the claim is worth $100,000, and you demand $150,000.00, and the insurer offers $2,000.00 you can bet they are not going to make a reasonable offer until they have to.
Are you wondering how long you have to file suit? Or whether it makes sense? You can call me, Bill Strubbe, a Cincinnati Personal Injury Lawyer, at 513-621-4775. If it makes you feel better, other lawyers refer their clients to me.
And if you decide you‘d rather hire someone else, that’s OK.
Because all situations are different, and because there may be other facts pertaining to your case that I don’t know about, you should not rely on this answer for legal advice. I am not your attorney, and no lawyer client relationship has been formed. All discussions are limited to Ohio law unless otherwise indicated. And past performance cannot be used to predict future results.
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