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How Much Time do I Have to File a Nursing Home Personal Injury Claim in the State of Ohio?

From the moment you or someone you love is injured in a nursing home, the clock starts running on how long you have to file a claim. In Ohio, the Statute of Limitations for a nursing home negligence or injury claim is generally 1 year. If you fail to file suit within that time frame, the defendant (the person you’re trying to sue) will almost certainly file a “motion to dismiss”, and the Court will reject your case on statutory grounds.

Even if you or your loved one was horribly injured due to nursing home negligence or neglect, and they were clearly in the wrong; after a year, they can no longer be held responsible through a personal injury claim.

With a few exceptions:

In cases where the victim was 'of unsound mind’, the time limit in which their next of kin can file a personal injury claim is lifted. Common diagnoses such as Alzheimer's and dementia could extend the statute of limitations beyond one year. An experienced personal injury attorney will be able to tell you whether the statute of limitations applies in your case.
If the defendant “departs from the state” or absconds, or conceals” him or herself within the state of Ohio, the time limit in which to file a personal injury claim does not start again until the person can be located. In other words, if the defendant skips town for a couple of years to avoid taking responsibility for their actions, you have 1 year from the date of their return in which to file a lawsuit.
If your Ohio nursing home negligence or injury claim stems from injuries caused by a defective product, a special filing timeline may apply to your case, especially if consumer fraud or a product warranty is involved.

Putting a family member into a nursing home can be extremely difficult. You are trusting strangers with the care, health and happiness of your loved one, which makes it especially upsetting if they are injured or even killed by negligence or neglect.

After a nursing home negligence or neglect injury, it is extremely important to get an experienced, aggressive attorney fighting in your corner. Due to the advanced age and frailty of most nursing home residents, care facilities will often try to explain away or pass off their responsibility as just a natural consequence of being old and frail. "These things just happen sometimes", they will say. If you suspect negligence or abuse may have contributed to the injury or death of your loved on while in the care of a nursing home, call the experienced nursing home negligence attorneys at Cowan & Hilgeman.

At Cowan & Hilgeman, we have successfully handled countless nursing home negligence cases, including cases that other law firms have rejected. To schedule your FREE consultation with our Dayton Personal Injury Attorney, call (937) 222-2030.

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   Abigail Arnett 
 31 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I first reached out 2 months after a car accident where the other party involved did not have insurance. She presented expired insurance to which the police department did nothing about. I was not in the wrong, and I was taken by ambulance after due to injury. I was worried due to the other party not having insurance, and medical bills hitting an all time high. I reached out to Jack and was immediately welcomed and felt like I was being taken care of from the start. I stated my concerns and we reached a conclusion which then started my case. I was spoken to clearly and felt genuinely cared for. Despite all the other lawyers reaching out to me after my accident, I chose to go with Cowan and Hilgeman due to the firms sincerity as well as being taken care of from the very beginning. I am very thankful to everyone I worked/talked with over the past year, and I am grateful we were able to sort everything out. I cannot begin to thank Jack for taking care of me and checking in throughout the case.
  
 
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   Alisa and William Hurtle 
 45 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Jack Hilgeman and the team at Cowan & Hilgeman were great to work with after my car accident. Jack jumped on my case last minute, right when I was up against a deadline and had just gotten a pretty disappointing offer from the insurance company. From there he walked me through everything — the paperwork, negotiations, mediation, all the way to getting it settled — and always kept me in the loop on what was going on. When the insurance company tried to lowball part of my claim, Jack pushed back and fought to get me a fair result. Dawn was also great to work with — she called regularly to keep me updated and on track, and she was really the face of the firm for me throughout the process. Everyone there was quick to respond and patient with all my questions. Really happy with how everything turned out — highly recommend Jack and his team.
  
 
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   Jennifer Born Rachek 
 184 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I reached out with some concerns about potential snow and ice injuries on our business property, and I’m so glad I did. My questions were answered clearly and thoroughly, which really put my mind at ease. I also appreciated how welcoming they were to any follow-up questions—it never felt like I was being a bother. I wouldn’t hesitate to reach out again for professional guidance in the future.
  
 
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   Angie Seraphinoff 
 187 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Jack Hilgeman was knowledgeable, responsive, and easy to communicate with throughout the process. He clearly cares about his clients and took the time to thoroughly answer all of my questions. I would highly recommend working with him!
  
 
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   Barbara Garcia 
 188 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Great communication and explanation to my questions. Appreciate the details and hearing directly from Mr.Hilgerman on the voice memo. Thank you!
  
 
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   Jess R 
 191 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Great advice, very helpful in all of my needs! Highly recommend!
  
 
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 192 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Very satisfied and they worked hard for me and did an exercise job!
  
 
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   McCall Gorbach Foster 
 193 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Mr. Hilgeman provides clear and thoughtful insight, delivered with professionalism and warmth.
  
 
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   Robert Apfelbeck 
 194 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Great lawyer response time very fast and very good at what he does jack hilgeman will be my next lawyer if i ever need another one thank you to cowen &hilgeman
  
 
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   B Lott 
 194 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I was looking for a lawyer and after so very rude and robotic law firms, I spoke with Jack about my case. He was very professional and personable and actually cared about my situation. I highly recommend his firm!