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

Asked on 12/03/01, 11:52 am

3 Answers from Attorneys

Paul Kray Paul J. Kray, Attorney at Law, LLC
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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.

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12/04/01, 7:07 pm
John Phillips Phillips Law Firm, Inc.
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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.

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12/03/01, 9:50 pm
Rick Sommer Law Offices of Rick J. Sommer
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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.

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12/03/01, 12:14 pm

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