You were injured in an accident, and now you’re considering a claim. Medical bills are piling up, you can’t work, and you need to know: How long does a personal injury lawsuit take?
While we’d like to say within a few days, the average time to settle a personal injury case in Ohio is six months to two years. Even the shorter end of that range can feel long when you’re managing recovery, expenses, and calls from adjusters. Ultimately, each timeline depends on a combination of case-specific factors, including the severity of your injuries, the insurer’s response, and whether the case proceeds to court.
Below, we’ll break down what happens during a typical case and where the timeline tends to slow down.
To get more information and arrange a free consultation, give us a call at (419) 455-1410 or contact us online.
Timeline of a Personal Injury Case
A personal injury claim moves through several phases, each taking time to complete. Here’s how a case generally progresses from start to finish.
First Few Months: Building the Case and Filing the Claim
Your attorney gathers medical records, reports, witness statements, and bills, then sends a demand letter to the insurance company explaining your injuries and the requested compensation. The insurer then decides whether to approve, deny, or counter.
Months 3–9: Settlement Negotiations
Your attorney and the insurance adjuster exchange offers until they reach an agreement. If the insurer questions your treatment or damages, your attorney may add medical opinions or expert statements to reinforce the claim.
If Negotiations Stall
When talks reach a standstill, your attorney files a complaint in court. In Ohio, personal injury lawsuits must generally be filed within two years of the date of the injury. Filing doesn’t guarantee a trial, but it signals that you’re ready for that step if needed. After filing, the defendant is served, and the court issues a scheduling order that sets deadlines for discovery and motions.
Months 6–18: Discovery and Depositions
Both sides share evidence and question witnesses, experts, and the people involved. A deposition may expose weaknesses in the defense, leading to renewed settlement discussions or a more favorable offer.
Before Trial: Mediation and Continued Negotiation
Courts often require mediation before trial. A neutral mediator helps both sides review the evidence and seek common ground. Many cases resolve at this stage.
If No Agreement Is Reached: Trial
Trials can last days or weeks. A jury hears the testimony, reviews the evidence, and decides the result. While trials can extend the personal injury lawsuit timeline, they sometimes result in higher awards than insurers are willing to offer during negotiations.
How Long Does a Personal Injury Lawsuit Take: What Slows Things Down
The timeline above illustrates a case’s progression through the system. However, certain factors can slow that progress.
Medical Recovery
A personal injury case usually can’t be resolved until your condition has stabilized and future care needs are known. A back injury that first appears minor might later require surgery or rehabilitation.
Waiting until treatment ends or long-term effects are known helps your settlement account for your full recovery, but it can also extend the timeline.
Disputes Over Fault
When responsibility is obvious, such as in a rear-end crash or a fall captured on video, claims tend to progress more quickly. But if the other party blames you, or several people share fault, progress slows.
In Ohio, compensation can be reduced if you’re partly responsible, giving insurers an incentive to argue liability. Resolving disputes may require witness interviews or expert reviews.
Case Size and Scope
The higher the claimed losses, the closer insurers look. A case involving permanent injury or major medical expenses will undergo a longer review and require more negotiation than a minor soft tissue claim.
Claims involving multiple defendants, company vehicles, or property owners also take longer because each side must exchange records and respond before settlement talks can begin.
Insurance Company Delays
Insurers sometimes prolong cases by requesting repeated paperwork or questioning the medical necessity. They may send you to an independent medical exam or make offers well below fair value.
An attorney who knows how to counter those moves can set firm deadlines, push for responses, and, if needed, file in court to keep the case on track.
How Bensinger Legal Services Keeps Your Case Moving
Understanding these timelines is one thing. Managing them while recovering from injuries is another. Working with an attorney who knows how to counter insurer delays can keep your case from stalling.
Attorney Aaron Bensinger and his team at Bensinger Legal Services help injured Ohio residents through every stage of their claim. Our firm gathers evidence, handles negotiations with insurers, and prepares for trial when necessary, all while meeting deadlines and responding to requests that keep the case moving forward.
If you have questions about how long personal injury cases take to settle, or you’re frustrated with how slowly your claim is progressing, call us at (419) 455-1410 or contact us online for a free consultation.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
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