Disclaimer: This article is for informational purposes only. It does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney.
Detailed Answer
In Ohio, the time it takes to resolve an auto accident injury claim varies based on several factors, including medical treatment, insurance negotiations, and whether you file a lawsuit. Below is a general timeline:
1. Initial Investigation (0–1 Month)
- Report the accident to your insurer and, if applicable, the police.
- Seek medical treatment and document injuries.
- Your attorney gathers evidence: accident reports, photos, witness statements.
2. Medical Treatment & Bill Collection (1–3 Months)
- Complete necessary medical care and therapy.
- Collect medical records, bills, and proof of lost wages.
3. Demand Package & Negotiation (3–6 Months)
- Your attorney prepares a demand package outlining liability and damages.
- You submit the demand to the at-fault party’s insurer.
- Negotiations can last several weeks to months, depending on complexity and willingness to settle.
4. Lawsuit Filing Deadline
- If negotiations stall, you may file suit. Under Ohio Revised Code § 2305.10, you generally must file within two years of the accident: O.R.C. 2305.10.
5. Litigation & Discovery (6–18 Months Post-Filing)
- Both sides exchange documents and take depositions.
- Expert witnesses may evaluate the extent of injuries.
- Discovery timelines vary by court backlog and case complexity.
6. Mediation & Settlement Conferences (9–24 Months)
- Court may order mediation to attempt settlement before trial.
- Many cases settle at mediation, avoiding a trial.
7. Trial & Resolution (12–36+ Months)
- If settlement fails, the case goes to trial.
- Post-trial motions and appeals can extend the timeline.
The total timeline can range from a few months for straightforward cases settled out of court to several years if the case proceeds through trial and appeals.
Helpful Hints
- Keep detailed records of medical treatment, bills, and lost wages.
- Share all information promptly with your attorney and insurer.
- Understand the two-year statute of limitations under O.R.C. 2305.10.
- Stay patient: insurers often delay to reduce payouts.
- Consider mediation early to potentially speed up resolution.