The News Herald (Willoughby, OH)

PERSONAL INJURY

- by: Robert J. DiCello

Q: I was injured in a car accident on March 29, 2018. I was told my deadline to file a lawsuit against the wrongdoer expired on March 29, 2020. Do I have any options to pursue a claim?

A: Due to the COVID-19 pandemic, you are not out of options. On March 9, 2020, the Governor of Ohio issued Executive Order 202001D and declared a state of emergency in Ohio in response to COVID-19. He then signed into law Am.Sub.H.B. No. 197 on March 27, 2020, which immediatel­y tolled, retroactiv­e to March 9, 2020, all statutes of limitation, time limitation­s, and deadlines in the Ohio Revised Code and the Ohio Administra­tive Code until the expiration of the Executive Order or July 30, 2020, whichever is sooner. Ohio’s general separation of powers precludes the Ohio General Assembly from tolling time requiremen­ts that have been establishe­d by the various Supreme Court promulgate­d rules. The Supreme Court therefore issued Administra­tive Action, 2020-Ohio-1166 to work in conjunctio­n with the Governor’s executive order and toll these additional time requiremen­ts in the same manner. The Supreme Court’s action tolls or pauses the time requiremen­ts for filing pleadings, appeals and other filings. As you are already aware, you have two years to file a lawsuit for personal injury as set forth in Ohio Revised Code 2305.10. Tolling essentiall­y freezes time from the date tolling begins, which is March 9, 2020, until the expiration of the order. In your example, the deadline to file your personal injury claim (the “statute of limitation”) would have expired on March 29, 2020, 20 days after the effective date of the order. Your new deadline will now expire 20 days after the tolling order is lifted or July 30, 2020, whichever is sooner. Please contact the DiCello Law Firm to discuss your filing deadlines in greater detail.

 ??  ??
 ??  ?? Robert J. DiCello DiCello Law Firm 7556 Mentor Ave., Mentor, Oh 44060 440-953-8888 www.dicellolaw­firm.com
Robert J. DiCello DiCello Law Firm 7556 Mentor Ave., Mentor, Oh 44060 440-953-8888 www.dicellolaw­firm.com

Newspapers in English

Newspapers from United States