If you’ve been injured in an accident, one of the first questions you probably have is:
“How long is this going to take?”
At Mizak & Pacetti, personal injury clients across Parma and Northeast Ohio ask us this all the time — and while we wish there were a one-size-fits-all answer, the truth is that every case moves at its own pace. Some resolve in a few months, others take a year or more.
Instead of giving an estimate that may not apply to your case, we walk clients through the 7 key stages of a personal injury claim. Here’s what that looks like in Ohio:
1. Consultation With a Personal Injury Attorney
This is your starting point. During your free consultation, our legal team will gather the key facts of the accident — how it happened, what injuries you’re dealing with, and whether the claim is likely to succeed under Ohio law.
We’ll also talk about your medical treatment, missed work, and the overall impact the accident has had on your life. If you decide to hire us, we’ll immediately send a Letter of Representation to the other party’s insurance company. That stops them from contacting you directly and makes it clear that all future communication must go through us.
Why this matters: Insurance adjusters are trained to save their companies money. They may try to settle quickly and for less than you deserve — or worse, use your words against you. Having an attorney early helps protect the value of your claim.
2. Medical Treatment and Recovery
After an accident, your recovery is the priority. Whether you’re seeing a chiropractor, undergoing surgery, or attending physical therapy, your treatment plan will shape your case timeline — and its value.
| Injured in Parma or Northeast Ohio? Contact Mizak & Pacetti for a free consultation to start your personal injury claim and secure the compensation you deserve. |
We always recommend following your doctor’s advice and completing the treatment plan before settlement talks begin. Insurance companies often try to downplay injuries if there are gaps in treatment or missed appointments.
The treatment phase can take anywhere from a few weeks to several years depending on the severity of your injuries.
Pro tip: If you stop treating early or wait too long to seek care, it can hurt your claim — even if your injuries are real.
3. Gathering Medical Records and Supporting Documentation
Once treatment is done, we request complete medical records and itemized bills from every provider involved. This includes:
- Hospitals and ER visits
- Specialist consultations
- Physical therapy
- Imaging (X-rays, MRIs, CT scans)
- Prescriptions
We also gather evidence of lost wages from your employer and ask you for documentation of how the injury has affected your everyday life — things like sleep issues, difficulty doing daily tasks, or missing family events.
Depending on the provider, medical records can take 30–60 days or longer to receive. This is one of the most common sources of delay in personal injury cases.
4. Preparing and Sending a Demand Letter
Once all records are received, we prepare a demand letter. This document lays out:
- What happened in the accident
- Why the other party is legally responsible
- What injuries you suffered
- How those injuries have impacted your life
- A breakdown of your total damages (medical bills, lost wages, pain and suffering)
- The settlement amount we’re requesting
The demand letter includes all supporting evidence and is sent to the at-fault party’s insurance company. They’ll review the claim and either accept it, make a counteroffer, or deny liability altogether.
From there, we negotiate. Sometimes this back-and-forth can be resolved in weeks. Other times, it takes several months, especially in higher-value claims or when liability is disputed.
5. Subrogation: Repaying Medical Bills
Even after a settlement is reached, there’s one more thing to deal with: subrogation.
This is when health insurance companies (or government programs like Medicaid or Medicare) ask to be repaid for any accident-related medical expenses they covered. Some hospitals may also have outstanding bills that must be resolved before funds can be distributed.
We handle this process for you — negotiating with each provider or insurer to reduce what’s owed so that you keep as much of your settlement as possible.
6. Final Settlement and Disbursement
Once subrogation claims are resolved, we’ll provide you with:
- A final breakdown of how the settlement funds were used
- Payment to any outstanding medical providers
- Payment of legal fees (usually on a contingency basis)
- Your net settlement check
This is the final step if the case is resolved before going to court.
7. What If the Case Doesn’t Settle?
Not every case settles. Sometimes the insurance company won’t make a reasonable offer, or there may be a disagreement about who was at fault. If this happens, we’ll talk to you about the next step: filing a lawsuit.
Ohio law gives you two years from the date of the accident to file most personal injury lawsuits. If your case moves into litigation, the timeline extends — sometimes taking a year or more depending on the court schedule and complexity of the case.
At Mizak & Pacetti, we prepare every claim as if it could go to trial — but we also work hard to resolve cases outside the courtroom when possible.
Frequently Asked Questions
1. How long does an insurance company have to respond to a personal injury claim in Ohio?
In Ohio, insurance companies typically have up to 15 working days to acknowledge a personal injury claim and 30 days to accept or deny it after receiving all necessary documentation. That said, delays often happen — especially if they claim more information is needed or try to reduce the value of your claim.
2. Can I settle my personal injury claim without going to court in Ohio?
Yes — most Ohio personal injury claims settle without filing a lawsuit. A personal injury lawyer can negotiate directly with the insurance company and work toward a fair settlement offer, saving you time and legal fees tied to litigation.
3. What’s the average personal injury settlement in Ohio?
The average settlement amount in Ohio can vary widely — from a few thousand dollars for minor injuries to six figures or more for severe injuries or permanent disabilities. Factors include medical bills, lost income, pain and suffering, and long-term impact.
4. Does Ohio have a cap on personal injury settlements?
Yes. Ohio law limits non-economic damages (like pain and suffering) in most personal injury cases to $250,000 or three times the economic damages, whichever is greater — up to a max of $350,000 per person or $500,000 per incident. There are exceptions in catastrophic injury cases.
5. How long do I have to file a personal injury claim in Ohio?
In Ohio, the statute of limitations for most personal injury claims is two years from the date of the accident. Some exceptions apply (like cases involving minors or delayed injury discovery), so it’s best to talk to an attorney as soon as possible.
Get Help With Your Injury Claim in Ohio
If you’ve been injured in Parma or anywhere in Northeast Ohio, reach out to the team at Mizak & Pacetti for a free consultation. We’ll go over your situation, explain what to expect, and help you build a strong case from day one!
