Ohio · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Ohio?

Ohio gives you 2 years from the date of injury to file a personal injury lawsuit under Ohio Rev. Code § 2305.10.

Updated 2026-05-22 · See all 50 states

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Key facts: Ohio

Personal injury deadline
2 years
Ohio Rev. Code § 2305.10 →
Wrongful death deadline
2 years
Ohio Rev. Code § 2125.02 →
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Ohio follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Ohio

Two years for both PI (from date of injury) and wrongful death (from date of death). Product liability has its own 10-year statute of repose. Medical malpractice is one year under § 2305.113.

Related: Ohio comparative negligence rule

Ohio follows a modified 51% bar rule. Modified comparative fault with a 51% bar; the plaintiff is barred only when contributory fault is "greater than" the combined tortious conduct of all defendants and nonparties.

Read the full Ohio comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Ohio attorney before relying on it.

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Ohio Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Ohio?

In Ohio, the general personal injury statute of limitations is 2 years from the date of injury under Ohio Rev. Code § 2305.10. Two years for both PI (from date of injury) and wrongful death (from date of death). Product liability has its own 10-year statute of repose. Medical malpractice is one year under § 2305.113.

Does Ohio have a separate deadline for wrongful death?

Yes. Ohio's wrongful death statute of limitations is 2 years under Ohio Rev. Code § 2125.02. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Ohio personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Ohio personal injury attorney before assuming a claim is barred.

What is Ohio's comparative negligence rule?

Ohio follows a modified 51% bar rule under Ohio Rev. Code § 2315.33. Modified comparative fault with a 51% bar; the plaintiff is barred only when contributory fault is "greater than" the combined tortious conduct of all defendants and nonparties.

Where can I read the actual statute?

The controlling statute is Ohio Rev. Code § 2305.10. The full text is available on the official Ohio legislature website at https://codes.ohio.gov/ohio-revised-code/section-2305.10.

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