The Ohio Personal Injury Guide: What to Do After a Serious Injury
A plain-English guide for injured Ohioans: what to do in the first days, how to protect your health and your claim, and when to call a lawyer.
If you are reading this, something bad has probably happened. A crash on I-75. A fall at a store. A dog that got loose. A phone call about a family member. You are hurting, you are worried about money, and an insurance adjuster may already be calling.
This guide is for you: injured people and their families in Dayton and across Ohio, not lawyers. It explains, in plain English, what to do in the days and months after a serious injury so that you get better and the people responsible are held accountable.
You don't have to carry this alone.
What this guide is
The Ohio Personal Injury Guide is twelve short chapters, each focused on a single practical question. Read it front to back or jump to the chapter you need right now. Every chapter ends with a short list of key takeaways.
I have practiced law in Ohio for more than 30 years, and before that I spent 19 years as a Dayton police officer and sergeant. This guide collects the advice I give clients across my desk every week. You can learn about the cases we handle on our personal injury page and about my background on the about page.
Who this guide is for
- People hurt in car, truck, and motorcycle crashes
- People hurt by a hazard on someone else's property
- People attacked by a dog
- Families who have lost someone through another person's carelessness
- Anyone who is being pushed by an insurance company to settle fast
If you have broken bones, a head injury, back or neck injuries, surgery, permanent scarring, a long time off work, or a death in the family, the decisions you make in the first few weeks matter a great deal.
The core message
This guide comes down to five ideas.
1. Focus on treatment. Your health comes first. Consistent medical care is also the single most important thing you can do for your claim, because medical records are the evidence that proves what happened to you.
2. Gather evidence early. Video gets overwritten, vehicles get crushed, witnesses move. Much of the proof exists for days or weeks, not years.
3. Preserve your documents. Bills, pay stubs, receipts, photos, and your own notes are how losses get counted and paid. If it is not documented, the insurance company will act as if it never happened.
4. Talk to a lawyer early. A lawyer can lock down evidence, handle the insurer, and keep you from signing something you will regret. The consultation is free.
5. Be careful with insurers. The other driver's insurer is not on your side. Be polite, be brief, and do not give recorded statements or sign releases without advice.
If you only read one thing
If you do nothing else, do these.
- Get medical care the same day, even if you think you are fine. Tell the provider every symptom.
- Call 911 and get the police report number.
- Photograph everything: vehicles, the scene, your injuries, the hazard.
- Get names and phone numbers of witnesses.
- Do not give a recorded statement to the other side's insurance company.
- Do not sign anything from an insurer, and do not accept a quick check.
- Stay off social media.
- Keep every bill, receipt, and letter in one folder.
- Write down what happened while it is fresh.
- Call a lawyer for a free consultation. Early is better.
The twelve chapters
Chapter 1: The First 72 Hours After an Injury
A step-by-step walkthrough of the first three days: safety and 911, getting the crash report, exchanging information, photographing the scene, finding witnesses, same-day medical care, and what to tell insurers.
Chapter 2: Focus on Treatment First
Why your health comes first, and why consistent treatment also protects your claim. Gaps in care, following doctor's orders, specialists and physical therapy, mental-health symptoms, and how adjusters use "pre-existing conditions" against you.
Chapter 3: Gathering Evidence While It Still Exists
The evidence that disappears fastest: 911 recordings, business and doorbell cameras, dashcams, a vehicle's black box, phone records, and trucking logs. How a preservation letter stops the other side from destroying proof.
Chapter 4: Preserving Documents and Records
A complete checklist of the paperwork an injury claim runs on, from itemized medical bills and insurance explanations of benefits to pay stubs, mileage, repair estimates, and your own recovery journal.
Chapter 5: Why You Should Talk to a Lawyer Early
What a free consultation actually looks like, what to bring, how contingency fees work in Ohio, the deadlines that can end your case, and why hiring a lawyer does not "make things adversarial."
Chapter 6: Dealing With Insurance Adjusters
The adjuster's job, recorded statements, blanket medical authorizations, quick "nuisance" offers, releases that end your claim forever, settling the car separately from the injury, and the duties Ohio law puts on insurers.
Chapter 7: Using Your Own Insurance (MedPay, UM/UIM, Health Insurance)
The coverages on your own policy that pay when the other driver has no insurance or not enough, and how to use MedPay and health insurance without hurting your claim.
Chapter 8: Medical Bills, Health Insurance, and Liens
Who pays the hospital while your case is pending, what a lien is, why your health insurer may want to be repaid from your settlement, and how those claims get negotiated down.
Chapter 9: What Your Case Is Worth (Damages, Caps, Comparative Fault)
The categories of damages Ohio allows, the cap on non-economic damages and its exceptions for permanent injuries, and how being partly at fault affects what you can recover.
Chapter 10: Deadlines and the Timeline of an Ohio Injury Case
The two-year statute of limitations and its exceptions, the special rules for claims against cities and the State, and what a typical case looks like from first call to settlement or trial.
Chapter 11: Social Media and Other Mistakes That Hurt Your Case
The avoidable errors that cost injured people the most: posting online, missing appointments, exaggerating or minimizing, signing without reading, and waiting too long.
Chapter 12: Ohio Personal Injury Glossary
Plain-English definitions of the terms you will hear from doctors, adjusters, and lawyers, from "comparative negligence" to "subrogation."
This article is general information about Ohio law, not legal advice about your situation. Reading it does not create an attorney-client relationship. Deadlines and rules change; talk to a lawyer about your specific case.
You Don't Have to Carry This Alone. Talk to a Dayton Injury Lawyer.
You do not need to figure this out by yourself, and you should not wait until the evidence is gone or the deadline is close. Call for a free consultation; I will tell you honestly whether you need a lawyer and what your next steps should be.