How Long Does a Car Accident Lawsuit Take in Ohio?

Before a lawsuit is ever filed, the process begins with a car accident claim.

This is the first opportunity to resolve your case without involving the court system.

The steps of a car accident claim process includes:

1. Seeking Medical Treatment and Gathering Evidence
2. Filing an Insurance Claim
3. Settlement Agreement and Negotiations

1. Seeking Medical Treatment and Gathering Evidence

Right after an accident, the most important thing to do is seek medical treatment.

Even if you don’t feel injured, some conditions — like whiplash or internal injuries — can take time to appear.

Waiting too long to see a doctor can weaken your claim because the insurance company may argue that your injuries aren’t related to the crash.

At the same time, gathering evidence is crucial.

This includes the police report, photos of the accident scene, witness statements, and any other documentation that helps establish what happened.

Strong evidence speeds up the claims process and improves your chances of receiving fair compensation.

2. Filing an Insurance Claim

Once you’ve received initial treatment and collected evidence, you or your attorney will file a claim with the at-fault driver’s insurance company.

The insurer will investigate the claim, which typically involves reviewing medical records, speaking with witnesses, and sometimes even sending an adjuster to inspect vehicle damage.

This process can take anywhere from a few weeks to several months, depending on how complex the case is.

If liability is clear and the damages are straightforward, the insurance company may make a settlement offer relatively quickly.

If there are disputes over who was at fault or how much your claim is worth, however, then negotiations can drag on.

3. Settlement Agreement and Negotiations

If the insurance company makes an offer, you and your attorney will review it to determine if it’s fair.

Many initial offers are too low, as insurance companies try to minimize payouts.

Your attorney will negotiate on your behalf, presenting evidence of your medical expenses, lost wages, and pain and suffering.

Negotiations can last anywhere from a few weeks to several months.

If a fair settlement is reached, you’ll sign a release form, and the insurance company will issue payment.

If the insurer refuses to offer reasonable compensation, you may need to file a lawsuit to pursue full damages.

Not every car accident case requires a personal injury lawsuit, but when settlement negotiations fail, legal action may be necessary.

Filing a lawsuit adds time to the process because courts follow strict procedural rules.

Rules can include:

1. Filing the Complaint and Serving the Defendant (The At-Fault Driver)
2. The Discovery Process
3. Pre-Trial Motions and Mediation
4. Trial and Verdict

1. Filing the Complaint and Serving the Defendant (The At-Fault Driver)

A lawsuit begins when your attorney files a formal complaint with the court.

This document outlines your case, including how the accident happened, why the defendant is responsible, and the damages you’re seeking.

Once the complaint is filed, the defendant (usually the at-fault driver and their insurance company) must be officially served with the lawsuit.

In Ohio, defendants typically have 28 days to respond.

If they fail to do so, the court may issue a default judgment in your favor.

Otherwise, the case moves forward to the next stage.

2. The Discovery Process

Discovery is the stage where both sides gather and exchange evidence.

This includes requesting medical records, accident reports, and other documents.

Both parties may also conduct depositions, which are formal interviews under oath.

Discovery for a car crash case can take six months to a year, depending on the complexity of the case and how cooperative both sides are.

Delays often happen when one side refuses to turn over evidence, requiring court intervention.

However long this phase in the litigation takes, it must be completed 30 days before the trial date.

3. Pre-Trial Motions and Mediation

Before going to trial, both parties may file motions asking the judge to rule on certain legal issues.

For example, the defense might file a motion to dismiss the case, arguing that there’s not enough evidence to proceed.

Many cases settle during pre-trial mediation, where a neutral mediator helps both sides reach an agreement.

Courts often encourage mediation because trials are expensive and time-consuming.

If mediation is successful, the case ends with a settlement.

If not, it moves forward to trial.

4. Trial and Verdict

If your case goes to trial, it could last a few days to several weeks, depending on how many witnesses testify and how complicated the legal arguments are.

The judge or jury will review the evidence and determine whether the defendant is liable for your injuries.

After a verdict, the defendant may choose to appeal 30 days after the ruling.

This can add several more months to the process.

If there’s no appeal, or if the appeal is unsuccessful, you will receive compensation.

No two motor vehicle accident cases follow the exact same timeline.

While some claims settle in just a few months, others can stretch out over a year or more.

Several key factors influence how long it takes to resolve a case, from the severity of injuries to the tactics used by insurance companies and even court scheduling issues.

Factors that can affect the length of your car accident claim or lawsuit includes:

• The Severity of Your Car Accident Injuries and the Length of Medical Treatment
• The Complexity of Liability and Accident Investigation
• The Cooperation of the Other Driver’s Insurance Company (Or Lack Thereof)
• Whether or Not Your Case Goes to Trial

The Severity of Your Car Accident Injuries and the Length of Medical Treatment

One of the biggest factors affecting your case timeline is the extent of your injuries and how long it takes to recover.

If you suffered minor injuries, such as whiplash or soft tissue damage, your medical treatment may be relatively short.

In these cases, your attorney may be able to settle your claim within a few months.

Serious injuries — such as traumatic brain injuries, spinal cord damage, or multiple fractures — can significantly extend the process.

In cases involving long-term or permanent injuries, your attorney may wait until you reach maximum medical improvement (MMI) before entering settlement negotiations.

In Ohio, MMI is the point at which your doctor determines that your condition has improved as much as it ever will, meaning future medical costs and ongoing care can be accurately calculated.

Waiting for MMI ensures that all future expenses — such as surgeries, rehabilitation, and in-home care — are factored into your claim.

It can also add several months to the timeline.

The Complexity of Liability and Accident Investigation

If fault in the accident is straightforward, such as in a rear-end collision where the other driver was clearly at fault, the claim process tends to move more quickly.

But the at-fault driver and the driver’s insurance company won’t take any claims against them lying down.

They can legally try to discredit your claims, and if liability is disputed, additional investigation is required.

The resulting legal battle can slow things down for your claim.

If both drivers claim the other was responsible, your attorney may need to:

• Gather surveillance footage
• Consult accident reconstruction experts
• Interview additional witnesses
• Review cell phone records (if distracted driving is suspected)

The more evidence that must be collected and analyzed, the longer it will take to resolve the case.

And with Ohio’s comparative negligence laws, there’s more pressure for a legal team to shift all liability to the other party.

The Cooperation of the Other Driver’s Insurance Company (Or Lack Thereof)

Not all insurance companies operate in good faith.

Some adjusters handle claims efficiently, while others intentionally delay the process to frustrate victims into accepting a lower settlement.

Insurance companies may drag out negotiations by:

• Disputing medical expenses and claiming treatment was unnecessary
• Questioning liability even when evidence clearly shows their policyholder was at fault
• Offering a lowball settlement and refusing to budge
• Taking weeks or months to respond to letters and counteroffers

When insurers refuse to negotiate fairly, your attorney may need to file a lawsuit to force their hand — adding months or even years to the process.

Whether or Not Your Case Goes to Trial

Most car accident cases settle before reaching trial because litigation is costly and time-consuming for both sides.

If the insurance company refuses to offer a fair settlement, taking the case to court may be necessary.

The trial process itself can take several months or more due to:

• Court backlogs: Many courts in Ohio are overloaded, meaning trial dates are often scheduled months in advance.
• Pre-trial motions and hearings: Both sides may file motions to dismiss evidence or resolve legal issues before trial, causing additional delays.
• Witness availability: If expert witnesses are required, scheduling conflicts can push the trial date further out.

Once a trial begins, it may last anywhere from a few days to several weeks, depending on the complexity of the case and the number of witnesses involved.

Before the insurance company can issue payment, you must sign a settlement release form.

This document confirms that you accept the settlement amount and agree not to pursue any further claims related to the accident.

If the insurance company sends the release promptly and there are no disputes over the terms, this step typically takes a few weeks.

This isn’t always the case.

If there are disagreements, such as a clause the insurance company tries to include that you don’t agree with, negotiations may take longer.

Timelines can stretch further even after both parties reach a settlement agreement.

What can cause your settlement payout to take longer than it should can include:

• Processing the Insurance Company’s Payment
• Deducting Attorney’s Fees and Paying Medical Liens
• Receiving Your Final Settlement Check

Processing the Insurance Company’s Payment

After the signed release is returned, the insurance company issues a check, usually made payable to both you and your attorney.

This process can take one to three weeks, depending on the insurer’s policies and how quickly they process payments.

Deducting Attorney’s Fees and Paying Medical Liens

If you work with a lawyer on a contingency basis (where they only get paid if you win), their fees will be deducted from the settlement amount before you receive your portion.

In Ohio, contingency fees typically range from 30% to 40% of the settlement.

If you have outstanding medical bills related to the accident, your lawyer may also need to pay those before disbursing the remaining funds to you.

Some hospitals and medical providers place liens on settlements, meaning they have a legal claim to a portion of the money.

Resolving these liens can sometimes take several weeks, depending on the provider’s response time.

Receiving Your Final Settlement Check

Once all legal fees and outstanding bills are paid, your attorney will issue a check for the remaining balance.

If everything proceeds smoothly, you should receive your final payment within several weeks of a settlement.

If you’re on the fence about seeking legal representation for your car accident case, here’s a reason that may change your mind.

Besides handling settlement negotiations for you, your lawyer can potentially speed up your car accident lawsuit or claim.

Using legal expertise, an experienced car accident lawyer actively works to keep your case moving forward and minimize unnecessary delays.

Ways an Ohio car accident attorney helps speed up the process includes:

• Handling Insurance Companies Efficiently
• Gathering and Organizing Evidence Quickly
• Negotiating Aggressively to Avoid Trial
• Navigating the Court System Effectively

Handling Insurance Companies Efficiently

One of the biggest obstacles in a car accident case is dealing with insurance adjusters.

Insurers often stall, ignore calls, or intentionally complicate the process to wear victims down.

A lawyer knows how to:

• Push for faster responses by keeping pressure on insurance companies
• Anticipate and counter delay tactics used by insurers
• Submit all paperwork correctly and on time to avoid administrative delays

Gathering and Organizing Evidence Quickly

The strength of a claim depends on evidence, but gathering medical records, police reports, and expert testimony can take time.

An experienced attorney has the resources to:

• Obtain medical records faster by working directly with hospitals
• Hire accident reconstruction experts when needed
• Track down witnesses to strengthen your case

By ensuring all necessary documentation is collected as quickly as possible, an attorney prevents delays that could slow down your claim.

Negotiating Aggressively to Avoid Trial

Litigation is time-consuming, and while some cases must go to trial, a good lawyer knows how to push for a fair settlement without unnecessary delays.

They use legal strategies to:

• Present strong, well-documented claims that insurers can’t ignore
• Use expert testimony and case law to justify higher settlements
• Negotiate efficiently rather than allowing lowball offers to drag out the process

A strong legal approach often convinces insurance companies to settle sooner, saving months — or even years — of waiting.

Navigating the Court System Effectively

If a lawsuit is necessary, an attorney ensures your case moves through the legal system as efficiently as possible.

Ways attorneys do this includes:

• Filing the complaint promptly to start the process
• Avoiding procedural errors that could result in delays
• Keeping pressure on the opposing side to stick to deadlines

Having a lawyer manage the legal timeline prevents avoidable setbacks and keeps your case moving toward resolution.

If you’re thinking about filing a car accident lawsuit, taking the right steps early on can strengthen your case and help speed up the legal process.

The actions you take in the days and weeks following the accident can impact how smoothly your claim moves forward.

What to do as soon as you start considering legal action against the negligent driver who caused your injuries includes:

• Seek Medical Treatment and Follow Your Doctor’s Advice
• Gather and Preserve Evidence
• Contact an experienced car accident lawyer

Seek Medical Treatment and Follow Your Doctor’s Advice

Even if you don’t feel seriously injured, it’s critical to see a doctor as soon as possible.

Some injuries, like concussions or soft tissue damage, don’t show symptoms right away but can worsen over time.

A prompt medical evaluation creates a record that links your injuries to the accident — something insurance companies will look for when assessing your claim.

Be sure to follow your physician’s instructions.

If you stop treatment too soon, the insurance company may argue that your injuries weren’t as severe as claimed.

Gather and Preserve Evidence

Strong evidence is key to proving fault and securing fair compensation.

If possible, collect:

• Photos and videos from the accident scene, including vehicle damage, road conditions, and visible injuries
• A copy of the police report, which provides an official account of the accident
• Medical records and bills to document the extent of your injuries and treatment costs
• Witness contact information in case statements are needed later
• Pay stubs or employment records if you’ve lost income due to the accident

Your attorney will handle further evidence collection, but having this initial documentation can help your case move forward faster.

Every car accident case follows its own timeline.

Some settle in a matter of months, while others take a year or more, especially if they go to trial.

The key factors that affect how long it takes include the severity of injuries, the insurance company’s willingness to negotiate, and the complexity of the case.

While the process can be lengthy, working with a skilled attorney ensures that your case moves forward as efficiently as possible.

That’s what we’re here for. 

If you’ve been injured in a car accident and need legal guidance, contact the Piscitelli Law Firm today for a free consultation.

We’re here to help you through the process and fight for the compensation you deserve.

You can also use the chatbot on this page to see if you qualify immediately.