James Schroeder, Author at Ohio Legacy Law

Author: James Schroeder

It is a Call I Get More Often Than You’d Think

A client will call me eighteen months after a wreck on Route 32 or a rural stretch of Highland County road, insurance still hasn’t paid fairly, and they finally decide to talk to a lawyer. A friend gave them my number. In most cases, we still have time. But every so often, someone calls me twenty-three months out, and we are racing a calendar that does not care how strong the case is. Sadly sometimes I have to tell them they waited too long to pursue the matter, those hurt.

Ohio’s personal injury statute of limitations is not flexible, and it does not wait for insurance adjusters to finish “reviewing” your file. If you were injured in a car accident anywhere in Highland, Brown, Adams, Fayette, Ross, Pike or Scioto County, the single most important date on your calendar is the date of the crash — because that date starts a clock that, in most cases, runs out in exactly two years.

The Two-Year Rule Under Ohio Revised Code Section 2305.10

Ohio’s general personal injury statute of limitations gives you two years from the date of the injury to file a lawsuit for bodily injury arising from a car accident, motorcycle crash, pedestrian collision, or similar negligence claim. This rule comes directly from Ohio Revised Code Section 2305.10 (https://codes.ohio.gov/ohio-revised-code/section-2305.10), which states that “an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues.” For most car accident claims, the “accrual” date is simply the date of the crash — not the date you finished treatment, not the date the insurance company denied your claim, and not the date you finally decide you’re ready to hire an attorney.

If you were injured in a car accident in Hillsboro on a given date, you generally have until that same date two years later to file suit — after that, the courthouse door closes, no matter how clear the other driver’s fault was or how serious your injuries are.

Why the Deadline Matters More Than It Seems

Missing the statute of limitations does not just delay your case — it typically ends it permanently. Insurance companies know this, and some adjusters slow-walk negotiations specifically because they know the clock is running. Its a strategy to get you to grow tired, forget and move on with your trying to rebuild your life.

Waiting until the deadline is close also makes it harder to:

– Track down and interview witnesses whose memories have faded
– Preserve dashcam, traffic camera, or 911 dispatch recordings before they are deleted
– Obtain complete medical records showing the full extent of your injuries
– Negotiate from a position of strength, since a defendant who knows you’re almost out of time has little incentive to offer fair value

Exception #1: Injured Minors Get More Time

Ohio law recognizes that children cannot be expected to protect their own legal rights. Under Ohio Revised Code Section 2305.16 (https://codes.ohio.gov/ohio-revised-code/section-2305.16), the two-year clock is tolled — essentially paused — for anyone who was under 18 or of unsound mind at the time of the accident. For a minor, the two-year period does not begin until the minor turns 18. That means a 15-year-old passenger injured in a crash in Brown County generally has until their 20th birthday to file a personal injury claim, not two years from the date of the wreck. This is an important exception for families in Highland, Brown, Adams, and Clermont Counties whose children are injured in accidents while riding as passengers, walking to school, or riding bikes on rural roadways.

Exception #2: Accidents Involving Government Vehicles or Government Property

This is the exception that catches the most people off guard — and it’s one every driver in our area should understand before assuming they have the full two years.

If your accident involved a county-, township-, municipal-, or state-owned vehicle (a sheriff’s cruiser, a county engineer’s truck, a school bus, a snowplow, a transit vehicle), or if a defective or poorly maintained government road, bridge, or intersection contributed to the crash, you may be dealing with a political subdivision or the State of Ohio itself — and different, much shorter procedural rules apply.

– Claims against counties, townships, municipalities, and school districts fall under Ohio’s Political Subdivision Tort Liability Act. While Ohio Revised Code Section 2744.04 (https://codes.ohio.gov/ohio-revised-code/section-2744.04) preserves the general two-year filing window, political subdivisions are broadly immune from liability except in specific, narrow circumstances (such as negligent operation of a motor vehicle by an employee), and many practitioners advise sending written notice of a claim well within six months of the incident to protect the record and satisfy the entity’s own claim procedures.
– Claims against the State of Ohio — for example, involving an ODOT vehicle, a state trooper, or a defect on a state highway — must be filed with the Ohio Court of Claims, a separate forum from the county common pleas courts, and are subject to their own procedural rules under Ohio Revised Code Section 2743.16 (https://codes.ohio.gov/ohio-revised-code/section-2743.16/1-13-1991).
– Depending on the entity and the circumstances, written notice deadlines as short as 180 days from the date of the accident can apply. Miss that shorter notice window, and you may permanently lose the ability to pursue that particular government defendant — even though your broader two-year statute of limitations under Section 2305.10 has not yet expired.

Because so many of the roads in Highland, Brown, Adams, and Clermont Counties are township- or county-maintained, and because school buses, county EMS units, and township plow trucks are common sights on our rural roadways, this exception comes up more often here than many drivers expect. If a government vehicle or a government-maintained road was involved in any way, don’t wait to talk to an attorney — the notice clock may already be much shorter than two years.

Why This Matters for Drivers in Highland, Brown, Adams, and Clermont Counties

Southwest Ohio’s rural roads present their own accident risks: unmarked township intersections, hills and blind curves on state routes through Highland and Adams Counties, seasonal farm equipment sharing the road in Brown County, and increasing commuter traffic between Clermont County and the Cincinnati metro area. Whether your crash happened on SR-32, SR-73, US-62, or a county road outside Hillsboro, Mount Orab, West Union, Winchester, or Georgetown, the same Ohio statute of limitations rules apply — but the practical stakes are often higher in rural counties, where:

– Local hospitals may transfer serious trauma cases to Cincinnati or Columbus, complicating medical record collection across county lines
– Volunteer fire and EMS reports may take longer to obtain than in larger jurisdictions
– Witnesses at rural accident scenes are often fewer and harder to locate later

What to Do After a Car Accident in Southwest Ohio

1. Seek medical care immediately, even if injuries seem minor — this creates a medical record tied to the accident date and protects your health.
2. Report the accident to law enforcement and obtain a copy of the crash report.
3. Photograph the scene, vehicle damage, road conditions, and any visible injuries.
4. Identify whether a government vehicle or government-maintained road was involved — if so, contact an attorney promptly given the shorter notice deadlines discussed above.
5. Avoid giving a recorded statement to the other driver’s insurance company before speaking with an attorney.
6. Talk to a personal injury attorney well before the two-year mark — not after it.

How Ohio Legacy Law Can Help

Personal injury claims move fast, and Ohio’s statute of limitations does not leave room for delay. Ohio Legacy Law represents injured drivers, passengers, and pedestrians throughout Hillsboro, Mount Orab, West Union, Winchester, Washington Court House, and the surrounding Highland County, Brown County, Adams County, and Clermont County communities. We evaluate your accident, identify whether any government entity may be involved, calculate your filing deadlines, and pursue fair compensation for medical expenses, lost wages, and pain and suffering — all while you focus on recovery.

If you or a family member was injured in a car accident in Highland, Brown, Adams, or Clermont County, don’t wait to find out how much time you actually have. Ohio Legacy Law has experienced attorneys that can help you determine your best strategy. Call (937) 402-2348 to schedule a consultation with Ohio Legacy Law, or reach us at jim@southwestohiolaw.com.

This article is provided for general informational purposes only and does not constitute legal advice. Every accident and claim is different, and the exceptions described above are examples, not an exhaustive list. Contact Ohio Legacy Law directly to discuss the specific facts and deadlines that apply to your case.

Author: James Schroeder

Quick Summary: Adams County, Brown County, and Highland County are each home to an active, well-run Chamber of Commerce, and every business owner in Southern Ohio should strongly consider joining. Chamber membership builds visibility, referrals, and community credibility that no amount of advertising can buy on its own. It also opens the door to cross-county events like the upcoming Coffee & Connections networking event on September 3, 2026, co-hosted by the Brown County Chamber of Commerce and the Adams County Chamber of Commerce, with coffee and donuts provided by Schroeder Law Group. This article explains why chamber involvement matters and how to get connected.

Three Counties, Three Strong Chambers

I have had the privilege of practicing law across Adams, Brown, and Highland Counties for years, and one thing has become clear to me: this part of Southern Ohio punches above its weight when it comes to business advocacy. The Adams County Chamber of Commerce, the Brown County Chamber of Commerce, and the Highland County Chamber of Commerce are each led by people who genuinely care about the businesses in their communities. In my time here I have been part of an gladly volunteered my time to each. I do it gladly because I know that the businesses these Chambers represent are the backbone of our community.

These volunteers through their Chamber service are not simply attending ribbon-cutting ceremonies. They are organizing legislative advocacy, hosting educational programs, promoting local businesses, and — increasingly — working together across county lines to give members access to a larger network than any single chamber could offer alone.

If you own a business in Hillsboro, Georgetown, West Union, Mount Orab, Winchester, Sardinia, or anywhere in between, you already have a serious asset sitting right in front of you. The question is whether you are using it.

What Chamber Membership Actually Does for a Business

A chamber gives you a seat at the table when county commissioners, township trustees, or state legislators are shaping policy that affects local business — zoning, taxation, workforce development, infrastructure. It gives you a referral network that is built on trust rather than cold outreach. It gives your business a presence at community events, in chamber directories, and in the kind of word-of-mouth conversations that no marketing budget can manufacture. And for many members, it becomes a source of genuine friendship and mutual support during hard seasons, not just business seasons.

There seems to be a trend in the community to tear down elected officials, business people and local leaders for some reason. It can get tiring. Connecting with those who are trying to build businesses and improve their communities gives us wings. I notice that I have never seen these antagonists names on little league uniforms, 4H sponsorships or adding value to our nonprofit organizations and churches.

None of that happens automatically. I realize you are buringin the candle at both ends most days. But good things happen when a business owner shows up — to the ribbon cuttings, the legislative briefings, the mixers, and yes, the early morning coffee meetings that can feel like one more thing on a full calendar.

The Value of Thinking Beyond Your Own County

One of the most encouraging trends I have watched develop in Southern Ohio is chambers choosing to collaborate across county lines instead of staying in their own lanes. Adams and Brown Counties, in particular, have leaned into this. Businesses in one county regularly serve customers, employees, and vendors from the county next door, so it only makes sense that the organizations representing those businesses would start working together.

Cross-county events widen the pool of potential referral partners, clients, and collaborators well beyond what any single chamber roster can offer. They also send a quiet but important message to the region: Adams, Brown, and Highland Counties are not competing against each other for a shrinking piece of the pie. We are building a regional business community that is stronger together than any one county could be alone.

Coffee & Connections: A Chance to See This in Action

That collaborative spirit is exactly what is behind the upcoming Coffee & Connections event on Thursday, September 3, 2026, from 8:00 to 9:30 a.m., at Sardinia Church of Christ, 7130 Bachman Drive, Sardinia, Ohio. The event is co-hosted by the Brown County Chamber of Commerce and the Adams County Chamber of Commerce, and it is open to members of either chamber or to any business with an established history in Brown or Adams County.

The format is refreshingly simple: connections, not sales pitches. There are no vendor tables and no product pitches — just coffee, donuts, and real conversation among business owners who want to know their neighbors a little better. Coffee and donuts for the morning are being provided by Ohio Legacy Law, as our small way of supporting the kind of community-building this event represents. If you attend, bring a colleague and plan to make at least one new connection worth following up on.

An Invitation, Not Just Advice

If you own a business in Adams, Brown, or Highland County and are not yet a chamber member, I would encourage you to reach out to your local chamber this week. If you are already a member but have not made it to an event in a while, consider Coffee & Connections your reason to change that. Community is built in rooms like this one — over coffee, before the workday even starts — and the businesses that show up consistently are, in my experience, the ones that end up thriving the longest.

Author: James Schroeder

When clients sit down with me to plan a trust, the conversation almost always comes back to one core question: “How do I make sure this money actually helps the people I love, instead of hurting them?” It is a question born of love, not distrust. You want your gift to be a blessing — not a burden, not a target, and not a source of conflict.

Most people have a story of someone who inherited something and squandered it. One of the most well known and loved parables of Jesus is of the Prodigal Son, the classic example.

One of the most powerful, and most underused, tools for accomplishing that goal is the spendthrift clause.

The Basic Idea

A spendthrift clause (sometimes called a spendthrift provision) is language written into a trust that does two things at once. First, it prevents a beneficiary from voluntarily selling, assigning, or pledging their future interest in the trust before they actually receive a distribution. Second, and just as importantly, it prevents a beneficiary’s creditors from reaching into the trust to seize that interest before the money is paid out. Ohio law is explicit on this point: a spendthrift provision is only valid if it restrains both the voluntary and involuntary transfer of a beneficiary’s interest, or restrains involuntary transfer while allowing voluntary transfer only with a trustee’s consent (Ohio Revised Code § 5805.01).

In plain terms, until the trustee actually cuts a check or hands over property to the beneficiary, that money legally belongs to the trust — not to the beneficiary, and not to anyone the beneficiary owes money to.

Why This Matters for Your Goals as the Grantor

As the person creating the trust (the “grantor” or “settlor”), you are not just moving assets from one column to another. You are trying to accomplish something deeply personal: you want your children, grandchildren, or other loved ones to actually benefit from what you worked a lifetime to build. A spendthrift clause protects that vision in several concrete ways.

It shields the gift from creditors. Life happens. A beneficiary might face a lawsuit, a business failure, or unexpected debt years after you are gone. Under Ohio’s Trust Code, a creditor or assignee of a beneficiary generally cannot reach the beneficiary’s trust interest, or a distribution before the beneficiary actually receives it, so long as a valid spendthrift provision is in place (Ohio Revised Code § 5805.01(C)). Without that language, a creditor could potentially attach future distributions and take the inheritance you intended for your family before your loved one ever sees a dime of it.

It protects against poor decision-making and undue influence. Not every beneficiary is a sophisticated money manager, and not every beneficiary is immune to pressure from a persuasive friend, a struggling business partner, or a manipulative spouse. Addiction issues can cloud a beneficiaries decision making until they get clean. Because a spendthrift clause prevents the beneficiary from assigning or borrowing against their future interest, it removes the temptation — and the legal mechanism — for someone to talk your beneficiary into signing away their inheritance for a quick loan or a bad investment.

It preserves your intent through a divorce. One of the most common reasons I recommend a spendthrift clause is divorce protection. Ohio courts have generally recognized that a spendthrift provision is enforceable against a beneficiary’s former spouse (Ohio Revised Code § 5805.02(C)), which helps keep inherited assets separate from marital property disputes rather than becoming a bargaining chip in a settlement. Spendthrift provisions along with prenuptial agreements are important tools. No one begins with the idea that a divorce will happen, but life happens and an inheritance can be another stumbling block in the relationship.

It gives the trustee room to act in the beneficiary’s true best interest. Because the assets stay inside the trust structure rather than becoming immediately reachable, the trustee can distribute funds according to the schedule and purposes you set — for education, for a first home, for health needs — rather than the assets being scooped up all at once by a claim you never anticipated.

The Limits You Should Know

A spendthrift clause is strong, but it is not absolute, and I always tell clients the truth about its boundaries rather than overselling it. Ohio law carves out specific exceptions. A spendthrift provision generally cannot be used to defeat a claim brought by a beneficiary’s child or spouse for court-ordered support, at least where distributions could be made for the beneficiary’s support, nor can it be used to defeat certain claims by the State of Ohio or the federal government (Ohio Revised Code § 5805.02(B)). If the trust is set up as a wholly discretionary trust, Ohio law provides an additional layer of protection — creditors generally cannot compel distributions or reach the beneficiary’s interest at all, spendthrift language or not (Ohio Revised Code § 5805.03).

For clients with heightened creditor-protection concerns — business owners, professionals in high-liability fields, or those simply wanting the strongest asset protection available under Ohio law — we can also discuss Ohio’s legacy trust statute, which offers additional statutory protections for self-settled trusts (Ohio Revised Code § 5816.03).

Making Your Gift a Blessing, Not a Liability

At the end of the day, estate planning is about more than paperwork — it is about making sure the people you love actually receive the benefit of what you leave them, on the terms and timeline that reflect your values. A well-drafted spendthrift clause is one of the simplest, most effective tools we have to keep your gift protected, keep your intent intact, and keep your family’s inheritance a source of security rather than stress. Let’s talk about it.

If you are considering a trust, or want to review whether your existing trust includes strong spendthrift protection, I welcome the conversation. You can reach my office at (937) 402-2348 or jim@southwestohiolaw.com.

This article is provided for general informational purposes only and does not constitute legal advice. Every estate plan is different, and you should consult with an attorney regarding your specific circumstances.

— James E. Schroeder, Attorney at Law

Return of the prodigal son, Relief on main altar in the church of Saint Matthew in Stitar, Croatia

Author: James Schroeder

Author: James Schroeder

Author: James Schroeder

Author: James Schroeder

The Basic Idea

Why This Matters for Your Goals as the Grantor

The Limits You Should Know

Making Your Gift a Blessing, Not a Liability

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