Experiencing a car crash can bring many concerns, one of the most important being, “how long after a car accident can I claim injury?” This is crucial because the clock immediately begins ticking on your opportunity to seek compensation for medical bills, lost wages, and other damages. Ohio’s statute of limitations gives you two years from the date of the incident to file this type of claim. Failing to take action within this time frame can result in losing your right to pursue compensation entirely.
At Dyer, Garofalo, Mann & Schultz, we understand how overwhelming it can be to navigate the legal process while recovering from an incident. That’s why we’re here to help. In this guide, we’ll break down the steps you should take after a collision, discuss common injuries that may arise, and explain the risks of delaying your claim. With this information, you’ll be better equipped to make informed decisions about your legal options and secure the compensation you deserve.
After a car crash, your actions in the immediate aftermath can significantly impact your ability to file an injury claim. Following these steps not only helps protect your health but also strengthens it if you decide to pursue indemnity.
In Ohio, the statute of limitations gives you two years from the date of the accident to file a personal injury claim. This deadline applies to most injury claims, whether involving whiplash, fractures, or more serious injuries. If you miss this timeframe, the court will likely dismiss your case, and you will lose the right to seek compensation.
There are exceptions, though, which can either extend or shorten this period:
According to Forbes, understanding your state’s statute of limitations is fundamental because missing this deadline typically results in losing your right to compensation. Each state sets its own filing deadlines, so it’s critical to be aware of Ohio’s specific rules.
Car accidents can cause a range of injuries, some of which are evident right away, while others may take time to surface. Understanding common post-accident injuries is vital in knowing when to seek medical attention and pursue a claim.
This is one of the most frequent injuries, especially in rear-end collisions. It occurs when your neck is forcibly jerked back and forth, leading to muscle and ligament damage. Symptoms such as neck pain, stiffness, headaches, and reduced range of motion may not show up immediately but can persist for weeks or months.
Traumatic brain injuries, including concussions, are frequent in car collisions and can have long-term consequences. Even a mild TBI can result in dizziness, headaches, memory loss, and confusion. Severe TBIs can lead to cognitive impairment, personality changes, and permanent disabilities, making it critical to seek immediate medical attention.
Fractures are a usual outcome of severe car accidents, especially in the arms, legs, ribs, and occasionally the skull. Recovery can vary, with some fractures healing in weeks, while more severe breaks may require surgery and extensive rehabilitation, potentially affecting your ability to work or perform everyday tasks.
Soft tissue injuries, such as sprains, strains, and bruises, often happen when the body is suddenly jolted during a crash. These injuries can cause considerable pain and swelling, limiting mobility. Though they may seem less severe than fractures, if untreated, they can result in chronic pain and long-lasting complications.
Internal injuries, such as organ damage or internal bleeding, are not always obvious right after an incident but can be life-threatening. Damages to the liver, spleen, or kidneys can require emergency surgery. If left untreated, they can result in extreme complications, which is why it’s fundamental to seek medical care immediately, even if you feel fine after the crash.
The timeline for resolving a personal injury claim can vary greatly depending on numerous factors. While some are settled in a few months, others, especially those that go to trial, can take 12 to 18 months or more. The following elements influence how long your request may take:
The more harsh your injuries, the longer it may take to fully understand the extent of your medical needs and associated costs. This can delay settlement negotiations, as you’ll want to verify that all future medical treatments and rehabilitation are accounted for in your compensation.
If the other party disputes liability, it may take time to gather sufficient evidence, including police reports, witness statements, and expert testimonies, to prove fault. Insurance companies tend to delay settlements when responsibility is contested, as they may hope to reduce their payout or avoid liability altogether.
If both parties are willing to settle, your case may be resolved faster. However, if the insurers offer a lowball payment, it may take multiple rounds of negotiations—or a trial—to achieve fair compensation. Going to trial can significantly extend the duration of your claim.
According to PolicyGenius, a personal injury claim that proceeds to litigation can extend beyond a year, while a settlement could be reached sooner if both sides cooperate early on. Comprehending these factors can help you set realistic expectations for the duration of your request.
Delaying your personal injury claim after a car crash can lead to serious consequences that may impact your ability to receive fair compensation. Here are the main risks:
Over time, crucial evidence can be lost or become less reliable. Skid marks fade, accident scenes change, and witnesses’ memories can become less clear. Even medical records may be questioned if there’s a significant gap between the incident and when you sought treatment. This can make it harder to prove that the incident caused your injuries.
Coverage companies generally use any delay to their advantage. If there’s a long gap between the accident and the filing of your claim, insurers may argue that your injuries aren’t serious or that they were caused by something other than the collision. A delay may weaken your bargaining position, leading to a lower settlement offer.
Ohio’s statute of limitations gives you two years to file a claim, but this time can pass quickly, mainly when you’re focused on recovering from injuries. If you miss this window, your right to compensation is forfeited, no matter how strong your case might have been.
Medical bills, lost wages, and other expenses can quickly increase after an incident. The longer you delay your claim, the longer you’ll wait to receive any financial relief. Early action can help cover these costs sooner, easing your economic burden during recovery.
Taking quick action after a car accident is crucial to securing the compensation you deserve. At Dyer, Garofalo, Mann & Schultz, located at 131 N Ludlow St #1400, Dayton, OH 45402, our experienced attorneys are ready to help you navigate the personal injury claim process. With extensive knowledge and dedication, we will ensure your case is handled with care. Don’t risk missing important deadlines—reach out to us today at 1 937 222 2222 for a free consultation, and let us fight for your rights to get the compensation you need.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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