Car Accident Settlement Process and Timeline in Ohio

From January 2020 to January 2023, a total of 782,650 car accidents happened in Ohio according to the Ohio Department of Public Safety’s Electronic Crash Submission database. Car accidents, both in Ohio alone and across the United States, are unfortunately a common occurrence. They can happen out of nowhere and can leave individuals facing all manner of injuries, ranging from minor to severe.

Injuries sustained from a car accident can be an extremely stressful situation. You may require short or long-term medical care, your ability to live your daily life can be impacted, and you may have to face expensive medical costs. But in cases where a car accident was caused due to the negligence of another driver, you may have grounds to seek compensation from the liable party.

When it comes to the process of a car insurance claim in Ohio, there are a number of factors that will ultimately impact the overall process and timeline. These factors will range from what exactly the details of the car accident were, what kind of insurance coverage the liable party has, and what evidence exists to help prove a claim.

In the aftermath of a car accident, you may find yourself asking important questions like what legal steps you can take in terms of car insurance claims due to a personal injury in Ohio. Here at The Friedmann Firm, our team of experienced attorneys understands the ins and outs of the legal proceedings around personal injury claims.

Understanding Ohio’s Car Insurance Laws

Ohio operates under an at-fault insurance system, which means the driver who caused the accident is responsible for covering damages. This system allows you to:

• File a claim directly with the at-fault driver’s insurance company

• Pursue compensation without going through your own insurer first

• Seek full compensation for all accident-related damages

Understanding this foundation is crucial as you navigate the settlement process for car accident claims in Ohio.

Ohio’s Statute of Limitations for Car Accident Claims

Before we get further into car insurance claims due to personal injury in Ohio, it is important to make note of the statute of limitations on personal injury in Ohio. In Ohio, there is a two-year statute of limitations on personal injury claims of all types, including those for car accidents.  This means you must file suit on your claim within two years of the accident.

That two-year statute of limitations begins on the day of the accident, as defined in Section 2305.10 of the Ohio Revised Code.

This means that the deadline by which you have to file a personal injury claim starts on the day of your car accident. If you do not file a claim before the end of this deadline, you may lose the ability to seek compensation from the liable party. So, to ensure that you can seek compensation for your injuries and related losses, we always recommend taking action as soon after your accident as you can by contacting a Columbus car accident attorney.

While two years can seem like a long time, the deadline can pass rather quickly. We will be able to help ensure that your claim is filed in a timely manner.

The General Process of a Car Insurance Claim in Ohio

Each claims process will differ based on the individual details of each situation, but some general steps will remain the same. Some of the general steps to expect include:

Call 911 and Seek Medical Attention:

Even if injuries seem minor, call emergency services. This creates an official accident report and ensures everyone receives necessary medical care. Some injuries, like concussions or internal bleeding, may not show symptoms immediately.

Document Everything

• Take photos of vehicle damage, the accident scene, and visible injuries

• Get contact information from other drivers and witnesses

• Note weather conditions, traffic signals, and road conditions

• Keep all medical records and receipts from day one

This documentation forms the foundation of your car accident injury settlement process.

Step 2: Notify Insurance Companies

Contact the at-fault driver’s insurance company to report the accident and begin the claims process. However, be cautious about what you say. Insurance adjusters may try to get you to admit fault or downplay your injuries.

Important tips for insurance communications:

• Stick to basic facts about the accident

• Avoid admitting fault or speculation

• Don’t provide recorded statements without legal representation

• Never accept the first settlement offer

Step 3: Medical Treatment and Documentation

Continue receiving medical treatment for all accident-related injuries. This serves two purposes:

• Ensures your health and recovery

• Creates a paper trail documenting the extent of your injuries

Keep detailed records of:

• All medical appointments and treatments

• Prescription medications

• Physical therapy sessions

• Medical bills and expenses

• Time missed from work

Step 4: Evidence Collection and Case Building

A thorough investigation strengthens your position during negotiations. Key evidence includes:

Police Reports
The official accident report provides an objective account of the incident and may include the officer’s determination of fault.

Medical Records
Complete medical documentation links your injuries directly to the accident and establishes the severity of your condition.

Expert Testimony
Accident reconstruction specialists can analyze the scene and determine exactly how the accident occurred.

Witness Statements
Independent witnesses provide unbiased accounts that can support your version of events.

Step 5: Calculating Damages

Before entering negotiations, you need a clear understanding of your damages. Ohio recognizes both economic and non-economic damages:

Economic Damages:

• Medical expenses (past and future)

• Lost wages and reduced earning capacity

• Property damage

• Rehabilitation costs

• Transportation expenses for medical appointments

Non-Economic Damages:

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life
• Permanent disability or disfigurement

Again, each claims process will differ based on the details of your situation. Please consult with an attorney for more information on your individual case.

How the Negotiation Process Works for Car Accident Settlements

The negotiation phase is where most car accident claims are resolved. Understanding this process helps you make informed decisions about settlement offers.

Initial Settlement Offer

Insurance companies typically make a low initial offer, often within weeks of the accident. This quick offer serves several purposes:

• Tests whether you understand your claim’s true value

• Attempts to resolve the claim before the full extent of injuries is known

• Minimizes the insurance company’s payout

Why you should rarely accept the first offer:

• It’s almost always below your claim’s actual value

• Your medical treatment may not be complete

• Long-term effects of injuries may not yet be apparent

The Back-and-Forth Process

Effective negotiation involves multiple rounds of offers and counteroffers. Your attorney will:

• Present evidence supporting your damages

• Counter low offers with detailed justifications

• Use medical experts to explain your injuries

• Highlight the impact on your daily life and future

Factors That Strengthen Your Negotiating Position

Several elements can significantly increase your settlement value:

Clear Liability
When fault is obvious, insurance companies are more likely to offer fair settlements rather than risk a trial verdict.

Severe Injuries
Significant injuries that require extensive treatment typically result in higher settlements.

Strong Documentation
Comprehensive evidence makes it difficult for insurance companies to dispute your claim.

Legal Representation
Statistics show that injured parties with attorneys recover significantly more than those representing themselves.

How Long Do Car Accidents Take to Settle?

One of the most common questions is: “How long does it take to settle a car accident lawsuit?” The answer varies significantly based on several factors.

Simple Cases: 3-6 Months

Straightforward cases with minor injuries and clear fault can settle relatively quickly. These typically involve:

• Minor property damage

• No serious injuries

• Cooperative insurance companies

• Clear evidence of fault

Complex Cases: 1-3 Years

More complicated cases take longer to resolve. Factors that extend timelines include:

• Serious injuries requiring ongoing treatment

• Disputed fault

• Multiple parties involved

• Uncooperative insurance companies

• Cases that proceed to trial

Factors That Impact Settlement Timelines

Medical Treatment Duration
You shouldn’t settle until you reach maximum medical improvement (MMI). This ensures you understand the full extent of your injuries and future medical needs.

Insurance Company Responsiveness
Some insurers negotiate in good faith, while others use delay tactics to pressure claimants into accepting low offers.

Case Complexity
Multi-vehicle accidents, disputed fault, and severe injuries all require more time to investigate and negotiate.

Attorney Involvement
While hiring an attorney may initially seem to slow the process, experienced legal representation often leads to faster resolutions and higher settlements.

How Long Does It Take to Settle a Car Accident Lawsuit?

If negotiations fail, filing a lawsuit becomes necessary. The litigation timeline includes:

Pre-Trial Phase: 6-18 Months

• Filing the lawsuit

• Discovery process

• Depositions

• Expert witness preparation

• Mediation attempts

Trial Phase: 1-5 Days

• Jury selection

• Opening statements

• Witness testimony

• Closing arguments

• Jury deliberation

Post-Trial: 30-60 Days

• Appeals period

• Settlement distribution

Most cases settle before reaching trial, often during the discovery phase when both sides better understand the evidence.

How Do I Start the Settlement Process for a Car Accident?

Starting the settlement process requires strategic planning and attention to detail. Here’s your roadmap:

Immediate Actions (First 24-48 Hours)

1. Seek Medical Attention
   Even if you feel fine, see a doctor. Some injuries don’t manifest symptoms immediately.

1. Contact an Attorney
   Early legal guidance protects you from making costly mistakes during insurance communications.

1. Begin Documentation
   Start collecting evidence while details are fresh and witnesses are available.

Short-Term Actions (First 2 Weeks)

1. File Insurance Claims
   Report the accident to relevant insurance companies, but let your attorney handle communications.

1. Continue Medical Treatment
   Follow all medical advice and attend every appointment.

1. Document Daily Impact
   Keep a journal detailing how injuries affect your daily activities and quality of life.

Long-Term Strategy (Ongoing)

1. Build Your Case
   Work with your attorney to gather all necessary evidence and expert testimony.

1. Calculate Full Damages
   Ensure all current and future expenses are included in your claim.

1. Prepare for Negotiations
   Understand your case’s strengths and weaknesses before entering settlement discussions.

Common Mistakes That Hurt Car Accident Settlements

Avoiding these pitfalls can significantly impact your settlement value:

Accepting Quick Settlement Offers

Insurance companies often make rapid offers hoping to resolve claims before the full extent of injuries is known. These offers are typically far below fair compensation.

Providing Recorded Statements

Never give recorded statements to insurance companies without legal representation. These recordings are often used against you later.

Delaying Medical Treatment

Gaps in medical treatment allow insurance companies to argue that your injuries aren’t serious or weren’t caused by the accident.

Posting on Social Media

Insurance companies monitor social media accounts. Posts showing physical activity or positive emotions can be used to minimize injury claims.

Handling Negotiations Alone

The insurance settlement process is complex. Attempting to handle negotiations without legal expertise often results in significantly lower settlements.

Types of Compensation Available in Ohio Car Accident Settlements

Understanding available damages helps you evaluate settlement offers appropriately:

Medical Expenses

• Emergency room visits

• Hospital stays

• Surgery costs

• Prescription medications

• Physical therapy

• Future medical needs

Lost Income

• Wages lost during recovery

• Reduced earning capacity

• Lost benefits

• Career impact from permanent disabilities

Property Damage

• Vehicle repair or replacement

• Personal property damaged in the accident

• Rental car expenses during repairs

Pain and Suffering

• Physical pain from injuries

• Emotional distress

• Loss of enjoyment of life

• Permanent disabilities or disfigurement

Special Circumstances

In wrongful death cases, additional damages may include:

• Funeral and burial expenses

• Loss of companionship

• Future financial support the deceased would have provided

When to Consider Legal Representation

While not every car accident requires an attorney, certain situations strongly suggest you need professional legal help:

Serious Injuries

If your injuries require extensive medical treatment, result in permanent disability, or impact your ability to work, an attorney is essential.

Disputed Fault

When the insurance company questions who caused the accident, legal representation becomes crucial.

Multiple Parties

Accidents involving several vehicles or parties create complex liability issues requiring legal expertise.

Uncooperative Insurers

If insurance companies refuse to negotiate fairly or deny valid claims, you need an attorney to protect your rights.

Significant Damages

High-value claims attract more resistance from insurance companies, making professional representation vital.

Maximizing Your Car Accident Settlement

Several strategies can increase your settlement value:

Document Everything Thoroughly

Comprehensive documentation makes it difficult for insurance companies to dispute your claim or minimize your damages.

Follow Medical Advice Completely

Consistent medical treatment demonstrates the seriousness of your injuries and your commitment to recovery.

Work with Experienced Attorneys

Legal expertise in car accident cases can dramatically impact your settlement value.

Be Patient

Rushing to settle often results in accepting less compensation than you deserve.

Consider Future Impacts

Ensure your settlement accounts for all future medical expenses, lost earning capacity, and ongoing pain and suffering.

Connect with a Top Rated Car Accident Attorney Today

The car accident injury settlement process can be complex and overwhelming, but you don’t have to navigate it alone. Time is critical in protecting your rights and maximizing your recovery.

And given that each case will differ greatly depending on the individual factors of the situation, working with a car accident attorney can be a beneficial decision for you to make in the aftermath of a car accident. While you can certainly pursue filing personal injury and car insurance claims in Ohio on your own, the assistance of an attorney can make a very big difference.

Here at The Friedmann Firm, we help to ensure that all of the damages from your accident are included in your claim. We handle all of the legal legwork required to file a personal injury claim, including meeting all necessary deadlines, educating you on your rights as a victim, and ensuring you do not accept a low settlement offer that does not compensate you properly. Our expertise allows us to bring a compassionate but aggressive approach to each case that we take on.

The Friedmann Firm team has been successfully representing clients throughout Ohio since our founding in 2012. Should we take your case on, you will have an attorney on your side who is there to educate you and guide you through the legal process from start to finish. We find innovative solutions to your problems and work to ensure that you receive fair compensation for your injuries and losses.

If you or a loved one has been injured in a car accident, please reach out to The Friedmann Firm today. Our team is ready to put our years of experience to work and help you seek fair compensation. Connect with us over the phone at 380-888-2913 or via our contact form to book a free and confidential consultation.