Detailed Answer

Short answer: In Ohio, most personal injury lawsuits must be filed within two years from the date the injury occurred. If you do not settle and you do not file a lawsuit before that statute of limitations runs, you generally lose the legal right to sue for that injury in court. That typically means you cannot force a defendant or their insurer to pay you later, although limited exceptions and alternative options sometimes apply.

What the law says

Ohio’s general statute of limitations for bodily injury and property-damage claims is found at Ohio Revised Code § 2305.10. It provides that actions for bodily injury or injury to personal property must be brought within two years after the cause of action accrues. See: Ohio Rev. Code § 2305.10.

What happens if you miss the deadline

• Your right to sue is usually barred: A defendant can file a motion to dismiss or a motion for summary judgment saying your claim is time-barred. Courts will usually dismiss claims that were not filed within the statutory period.
• Insurance companies gain leverage: After the limitations period expires, insurers know you cannot file a lawsuit. That typically reduces your negotiating leverage and makes it much harder to obtain a meaningful settlement.
• Limited recovery options remain: You can still try to negotiate a voluntary settlement after the deadline, but the other side is not required to pay you and can refuse without fear of litigation. If they refuse, you will likely have no legal remedy.
• Exceptions are narrow and fact-dependent: Some legal doctrines (tolling for minors or for persons mentally incapacitated, the discovery rule in certain cases, military service provisions, or an agreement in writing to extend time) can extend or pause the deadline. These exceptions are complex and depend on specific facts and case law.

Example (hypothetical)

Suppose you were injured in a car crash on March 15, 2023. Under the typical two-year rule, you must either settle or file a lawsuit by March 15, 2025. If you continue settlement talks but take no court action and the negotiations end after that date, the defendant can successfully argue your claim is barred by the statute of limitations.

Common exceptions and tools to preserve your claim

• Tolling agreements: Parties can sign a written agreement (a tolling or standstill agreement) that pauses the running of the statute of limitations for a set time. This must be voluntary and in writing.
• Filing a complaint: Filing a lawsuit before the deadline preserves your right to pursue the claim. You can continue settlement discussions after filing. Even if you later dismiss, procedural rules about refiling can be complicated—get legal advice.
• Minority or incapacity tolling: Ohio law and courts may toll (pause) the limitations period while the injured person is a minor or legally incapacitated. Whether tolling applies depends on specifics.
• Discovery rule: In certain cases where the harm was latent or not reasonably discoverable immediately, Ohio courts may determine the cause of action accrued when the injury was discovered or should have been discovered. This is fact-specific and may not apply in routine accident cases.

What you should do right now

1. Identify the date of your injury and calculate the two-year deadline under Ohio Rev. Code § 2305.10 (link).
2. If the deadline is approaching, do not rely solely on settlement talks. Either file a complaint in court or get the other side to sign a written tolling agreement.
3. Preserve evidence and written records of communications, medical treatment, and expenses.
4. Contact a qualified Ohio personal injury attorney as soon as possible to assess whether any exceptions might extend your deadline and to help preserve your claim.

Final point: Missing the statute of limitations usually means you cannot bring your case in court and you lose the ability to compel payment. Because exceptions exist and deadlines can be extended by agreement or special circumstances, act promptly and consult counsel.

Helpful Hints

• Always note the exact date of accident or injury; that date usually starts the limitations clock.
• Document all settlement communications in writing. If the other side agrees to delay, get it in a signed tolling agreement.
• If you plan to settle but the carrier stalls near the deadline, file suit before the statute runs to protect your rights—settlement can continue afterward.
• Be aware that different types of claims (medical malpractice, product liability, wrongful death) may have different deadlines or special rules—don’t assume every case is identical.
• Do not rely on insurance adjusters’ informal assurances that they will pay later; those promises do not extend the statute of limitations unless you have a written agreement.
• Consult a lawyer early. A short phone call can clarify deadlines and often prevent an avoidable bar to your claim.