How can you extend the statute of limitations without filing a lawsuit? This is for Ohio.
3 Answers from Attorneys
You cant, unless the opposing party signs a written waiver.
If it's a medical malpractice action you can send a "180 day letter" within the one year statute of limitations to all the medical providers that may be named as defendants. I suggest you have an attorney do this for you since there are many potential pit falls that could cause you to lose your right to sue. If it is any other kind of action the only think I can think of is a written and signed letter from the defendant agreeing to waive or not to raise a statute of limitations defense.
If your case is an injury that was caused my a medical error, you may be able to extend the statute of limitations for 180 days as Mr. Fisher stated in his answer. The time limit for a medical malpractice is normally one year. If this is a case of medical error, you need to talk directly to an attorney immediately. You should not attempt to extend the time yourself since there are some very technical requirements. The time limit for an injury caused by an accident, slip and fall etc is normally two years. There is no practical way to extend the statute of limitations and to be safe, you should file the lawsuit before the two years expires. Filing the lawsuit does not mean that you have to go to trial. Your case can still be settled out of court. Also, if the lawsuit is filed before the two years expires, there is a procedure for dismissing the case with the right to refile within a year of the dismissal. This procedure has the effect of giving you an additional year. I have been helping people recover money for their injuries for over 30 years. I will be happy to discuss this with you in more detail if you give me a call at 440-953-2000 or on my cell at 440-478-3040. No charge or obligation for a confidential call.
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