Pedestrian accidents are challenging for those involved. When someone is hit by a car, it often leads to personal injury claims. Understanding the average settlement for such cases is crucial. The severity of wounds plays a pivotal role.
In cases where victims suffer severe injuries, such as traumatic brain injuries, the amounts tend to be higher compared to those involving minor damages.
The compensation covers medical expenses, lost wages, and other losses incurred due to the accident. Also, the timeframe for a pedestrian accident case to settle is another critical aspect.
On average, pedestrian accident settlements take about six to 12 months to reach a resolution. During this period, victims often seek the expertise of a pedestrian injury law firm in Cincinnati to guide them through the legal process.
Regarding average settlement amounts, the range is quite broad, typically spanning from $10,000 to $80,000. The specifics of each suit heavily influence the final figure.
Four Factors That Affect Pedestrian Accident Settlement Amounts
The journey to a pedestrian accident settlement involves navigating various factors influencing the final compensation amount. This section will delve into four key elements that play a pivotal role in determining the value for victims who have been hit by a car.
The question of who is responsible for the pedestrian accident can impact the amount the insurance company pays out.
In cases where the passerby shares some degree of liability, the court may reduce the amount proportionally. On the other hand, if the motorist is entirely at fault, the pedestrian will likely receive a larger settlement value.
It's important to note that establishing responsibility is a complicated process, often requiring thorough investigation and expert analysis by a personal injury attorney.
2. Insurance Coverage
In Ohio, drivers must carry uninsured motorist coverage (UIM) of at least $25,000 per person and $50,000 per accident. This coverage becomes essential in a personal injury claim where the at-fault driver is uninsured or underinsured.
Severe wounds, such as a traumatic brain injury or fracture, often result in higher settlements to cover medical expenses, rehabilitation, and long-term care.
Conversely, pedestrian accident lawsuits involving minor injuries may lead to smaller payments. Medical documentation and expert testimony are crucial in establishing the impact of wounds on the victim's life and well-being.
4. Risk Tolerance
Some plaintiffs may prefer a quicker resolution and are willing to accept a slightly lower settlement to avoid prolonged legal proceedings. Others may have a higher risk tolerance and are willing to pursue a more extended personal injury lawsuit to secure a larger payment.
Understanding risk tolerance and consulting with a personal injury attorney can help clients strike a balance between a fair settlement and a reasonable timeframe for resolution. They can also give insight too questions like What happens if you hit a pedestrian jaywalking in Ohio?
Key Elements Victims Must Prove in Pedestrian Accidents
In the aftermath of a pedestrian accident, victims often find themselves involved in legal processes to secure the compensation they deserve.
Duty of Care
The "duty of care" concept is a foundational element in pedestrian accident cases. It refers to the responsibility that all people, including drivers, exercise reasonable care to avoid causing harm to others. In the context of pedestrian crashes, motorists owe a duty of care to those on foot.
Victims must demonstrate that the automobilist had a duty to act responsibly and safely while operating their vehicle. This includes obeying traffic laws, following speed limits, and remaining attentive to the surroundings.
Breach of Duty
Next, the pedestrian hit by a car must prove the defendant failed to uphold the expected standard of care. They can present this through evidence such as witness statements, traffic camera footage, and police reports. If a driver was texting while driving or exceeded the speed limit during a pedestrian accident, it could be a breach of their duty of care.
This involves establishing a direct link between the defendant's breach of duty of care and the serious injuries sustained by the pedestrian hit by a car. In simpler terms, victims must show that the driver's negligent actions were the direct cause of the accident and subsequent harm.
Medical bills and records, expert testimony, and accident reconstruction reports are valuable tools in proving causation. It's essential to showcase a clear and unambiguous connection.
How Can a Pedestrian Accident Lawyer Help Plaintiffs Recover Compensation?
Using the services of a skilled pedestrian accident lawyer is a pivotal step towards navigating legal battles against the defendant's insurance company.
A trained lawyer plays a crucial role in identifying and pursuing economic damages. Any pedestrian hit by a car will suffer these tangible losses. This may include medical expenses, rehabilitation costs, lost wages, and property damage. The lawyer will gather relevant documentation, such as medical bills, employment records, and repair estimates, to build a convincing case for economic damages.
In addition to economic damages, attorneys advocate for non-economic damages. These include intangible losses that are more challenging to quantify.
Non-economic damages may include long-term pain and suffering, emotional trauma, and the impact of the injuries on the victim's quality of life. Establishing the value of non-economic damages demands a skilled approach. It often needs expert testimony, medical evaluations, and a thorough understanding of the victim's experience.
A pedestrian accident attorney may pursue punitive damages in certain cases where the at-fault party's actions were mainly heinous.
Unlike economic and non-economic damages, punitive damages are not designed to compensate the victim directly. Instead, they serve as an obstacle, punishing the responsible party for their reckless or intentional misconduct.
While the court doesn't award punitive damage in every case, the pursuit highlights the lawyer's commitment to ensuring accountability and discouraging future reckless behavior.
The victim of a pedestrian accident case will certainly face various challenges. They must establish fault and prove key elements to secure maximum reimbursement for their injuries.
Legal assistance from Schuerger Shunnarah Trial Attorneys ensures proper representation for victims. Stating, "We Go to War for You," the experts of this law firm advocate for their clients' rights. They can also negotiate with insurance agencies and reach a fair and just settlement amount without taking the case to trial.