Applying the Rules
Legal theories can be abstract. Below are three detailed scenarios illustrating how the statute of limitations works in the real world.
Scenario A: The Fender Bender (Standard Calculation)
- The Event: John is driving in Ohio and is rear-ended by a distracted driver on January 1, 2023. He suffers whiplash.
- The Law: Ohio has a 2-year statute of limitations for personal injury.
- The Calculation: The clock starts immediately on the day of the accident.
- The Deadline: John must file his lawsuit by January 1, 2025.
- Outcome: If John negotiates with the insurance company for two years and they stall him until January 2, 2025, his claim is barred. He cannot sue, and the insurance company owes him nothing.
Scenario B: The Hidden Leak (Discovery Rule)
- The Event: A plumber negligently installs a pipe in Sarah's wall in 2020. The pipe has a slow leak that is hidden behind drywall and insulation.
- The Discovery: In 2024, mold appears on the wall. Sarah opens the wall and finds the leak.
- The Law: The state has a 2-year limit for property damage.
- The Calculation: Under the occurrence rule, Sarah would be too late (2020 to 2024 is 4 years). However, the Discovery Rule applies because the damage was hidden. The clock starts in 2024.
- The Deadline: Sarah has until 2026 to sue the plumber.
Scenario C: The Borrowed Money (Oral vs. Written)
- The Event: Mike lends Steve $5,000. They shake hands on it (no paper). Steve stops paying in 2018.
- The Law: The state has a 6-year limit for written contracts but only a 3-year limit for oral contracts.
- The Outcome: If Mike sues in 2022, he loses. Even though 6 years haven't passed, the oral contract limit (3 years) expired in 2021. If they had written it down on a napkin, Mike could still sue.