Consult An Attorney Early To Avoid Losing Out On An Injury Claim!
I am borrowing from the classic Wilson Pickett hit song in the 1960’s to emphasize the importance of discussing an injury or a loss with an attorney as soon as practicable. The lyrics are:
“I’m gonna wait ‘til the midnight hour’
That’s when my love comes tumbling down
I’m gonna wait ‘til the midnight hour’
When there’s no one else around”
So often a person has a potential claim whether it is for a personal injury claim, property damage, breach of a contract or lease, discrimination or adverse action during employment, or otherwise, but by the time an attorney is informed and reviews the facts it is too late to proceed with a court case. It is a mistake to wait until “the midnight hour” because it is often unclear when the deadline is for particular claims to be brought to court. Waiting too long may mean a potentially good case might come “tumbling down.”
Recently, the Supreme Court of Ohio upheld a 90-day limit for pursuing an employee’s injury claim that the employer retaliated against the employee because the employee had filed for worker’s compensation for a job-related injury. Much of the decision involved whether the time began to run from the date the employer took the adverse action – discharging the employee—or when the employee actually received notice that the employment was terminated. However, the Supreme Court emphasized that it would strictly enforce the time limitations for pursuing a case in court.
Most time limitations for filing a lawsuit are longer than the 90-day limit in the retaliation case. Some employment discrimination claims must be pursued within 180 days. Some intentional injury claim cases must be brought within one year. Ordinary personal injury and property damage cases must be brought within 2 years. Even then the time goes by quickly, and the injured person may be waiting until medical treatment is completed thinking that is when the time begins to run. However, the time usually begins when the act that is alleged to be wrongful took place. Thus, an early consultation with an attorney may result in saving the case from the running of the statute of limitations.
Call An Experienced Trial Attorney, Avoid Having Your Injury Claim Thrown Out!
The determination of when the time period begins to run and whether it is ever changed can be complex. It is best to consult an attorney early to avoid losing the potential for a recovery. A person with a potential injury claim should not assume what the time limit is or assume the time has already ended. The deadline can be placed on the calendar to avoid having the case thrown out as untimely. It is better “to be safe than sorry”, so promptly call or meet with an experienced trial attorney to make sure the time limitation does not cutoff a worthwhile case for money damages.
© 2012, Ohio Family Law Blog. All rights reserved.
Mark Segreti is Of Counsel to the Dayton, Ohio, law firm, Holzfaster, Cecil, McKnight & Mues. He has been a law professor teaching law students on state and federal procedure and has published scholarly articles on sophisticated legal issues while also publishing articles that assist other lawyers in the practicalities of legal procedure and substantive law. Mark is an experienced trial and appellate attorney who has litigated before judges and juries in both Ohio and the United States courts.