How Much Time do I Have to File a Motorcycle Accident Claim in Ohio?

motorcycle accident claim

From the moment you are injured in a motorcycle accident, the clock starts running on how long you have to file a claim. In Ohio, the Statute of Limitations for a motorcycle accident claim is generally 2 years. 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 are horribly injured by a person who was clearly in the wrong; after two years, they can no longer be held responsible through a motorcycle accident claim.

With a few exceptions:

  • In cases where the victim was under 18 years old or ‘of unsound mind’, the time limit in which they can file a motorcycle accident claim is lifted. The two year time limit starts again, however, once the injured party reaches 18 years old, or is deemed to be sane and responsible.
  • 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 motorcycle accident 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 2 years from the date of their return in which to file a lawsuit.
  • If your Ohio motorcycle accident 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.

Motorcycle accidents are usually very serious. Due to the lack of protection around a motorcycle rider, accidents can be life-changing. If the victim was lucky enough to survive someone else’s mistake on the road, the injuries, pain, loss of livelihood, potential surgeries and rehabilitation can have ripple-effects throughout their entire life.

After a motorcycle accident, it is extremely important to get an experienced, aggressive attorney fighting in your corner. Auto Insurance companies will try to persuade you to settle for a much lower amount than your case is worth – 100% of the time. Their responsibility is to share holders, not to make sure that you receive the medical care and support you need.

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

Motorcycle Safety Tips

With the warm weather comes Motorcycles; People brushing off the winter and taking to the open road, feeling the sun and the wind in their hair.

The less fun side of this that no one likes to discuss, however, is that an average of 4,200 motorcyclists die per year in the United States. At Cowan & Hilgeman Law, we believe you should ALWAYS put your safety first to avoid becoming part of this statistic.

The personal injury lawyers at Cowan & Hilgeman have recovered millions in compensation for our clients. Our lawyers create plans of attack for each case specific to the client’s needs and expectations. The lawyers at Cowan & Hilgeman handle claims involving personal injury, medical malpractice, nursing home negligence, product liability and wrongful death. We routinely recover compensation on cases that other law firms reject.

Cowan & Hilgeman offers free personal injury case evaluations and only get paid an attorney fee if we win your personal injury case.

Call 937-222-2030 to get your free case evaluation.