A car accident can be a traumatic, life-altering event – but few people are prepared for just how difficult it is to navigate the legal issues that follow. In addition to trying to recover from injuries, car crash survivors have to figure out how to obtain compensation for their losses.
Naturally, the most common question most people have when they’re trying to settle a claim is, “How long is this going to take?” The short answer is, “Anywhere from a month to five years,” but the long answer is more nuanced.
What is the Ohio car accident settlement timeline?
Understanding more about the claims settlement process can help you better anticipate the timeline of your own case – or, at minimum, understand what stage you are in at any given point in the process. The stages of the timeline include:
- The immediate aftermath of the accident: The priority during this stage is the health and safety of those involved. That means calling 911, seeking medical attention, contacting law enforcement and exchanging information with the other driver. Documentation from this stage, such as police reports and accident scene photos, can be crucial in the settlement process. This is one reason why it’s important to hire a lawyer quickly. Competent lawyers preserve evidence that may later disappear immediately, but sending preservation letters, obtaining black box recordings, driver logs, and more.
- Medical treatment and recovery: The next phase involves seeking medical treatment for the injuries you’ve sustained in the wreck and healing. The duration of this phase can vary significantly from situation to situation. It’s not appropriate to begin settlement negotiations until you have reached maximum medical improvement, but the records from this period are important for establishing the extent of your damages.
- Evidence gathering and negotiations: During this phase of the process, all of the evidence that supports your claim is compiled and negotiations with the insurance company or companies involved can begin in earnest. This is generally the most involved part of the process since the vast majority of claims will be settled through mutual agreement. Negotiations may take several weeks or several months.
- Filing a lawsuit: This step is only necessary when a fair settlement cannot be reached through negotiations. In general, this will drastically increase the timeline for the case, since litigation is an involved process with many different steps. Many cases are still resolved, however, before an actual trial.
- Trial: If the case doesn’t settle outside of a courtroom, it will have to be settled inside one.
It’s important to keep in mind that Ohio imposes a two-year statute of limitations on car accident claims, which means that you only have two years from the date of your wreck to file a lawsuit. Otherwise, you will likely lose the right to do so forever.
What factors can impact how long the settlement process takes?
Numerous factors can influence the ultimate duration of a car accident settlement process. These include:
- The severity of your injuries: The more severe your injuries, the longer the typical recovery time, which will delay the settlement process as medical treatment has to be complete or stable before your damages can be assessed.
- The complexity of the case: Cases involving multiple parties, disputed liability or extensive injuries and property damage generally take longer to settle because they require more investigation and more complicated negotiations.
- The insurance company’s willingness to play fair: Insurance companies often delay claims, deny liability and try to defend the indefensible – all to avoid paying out fair settlements. If an insurance company is uncooperative or unreasonable during negotiations, that will generally lengthen the timeline. If they make a good-faith offer, that can shorten the process.
Finally, having experienced legal guidance on your side can significantly impact the timeline of any settlement, since that can make for better investigations, the faster gathering of evidence and more efficient negotiations.