Detailed Answer
Resolving a personal injury case involving lost wages in
1. Pre-Lawsuit Stage (3–6 Months)
Before filing, you gather medical records, calculate lost wage amounts, and send a demand letter to the at-fault party’s insurer. Insurers often review claims and negotiate settlement offers during this phase. Simple claims may settle within 3 to 6 months.
2. Statute of Limitations Reminder
Under Ohio law, you must file a lawsuit within two years of the injury date. See Ohio Rev. Code § 2305.10. Missing this deadline may bar your claim.
3. Filing a Lawsuit and Discovery (6–12 Months)
If negotiations stall, filing a complaint initiates court procedures. The defendant has 28 days to answer. Both sides exchange documents and take depositions. Discovery can last 6 to 12 months, depending on the case’s scope and court backlog.
4. Mediation or Alternative Dispute Resolution (1–3 Months)
Court orders or parties may choose mediation to reach a settlement. Mediation can shorten the timeline, often concluding in 1 to 3 months after discovery.
5. Trial and Post-Trial (3–9 Months)
If no settlement emerges, your case proceeds to trial. Trials may last days to weeks. After a verdict, either party may file post-trial motions or appeal, adding several months to the resolution.
In sum, most personal injury cases in Ohio resolve within 9 to 18 months. Complex cases with serious injuries or disputed liability can extend beyond two years.
Helpful Hints
- Document lost wages with pay stubs, tax records and employer letters.
- Seek prompt medical attention to establish injury causation.
- Keep a journal of missed workdays and reduced earning capacity.
- Notify your employer in writing about your injury and time off.
- Stay organized: track deadlines, court dates and communication.
- Ask your attorney about mediation to save time and costs.
- Consult a personal injury attorney early to protect your rights.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney for advice specific to your situation.