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  • Writer's pictureRobert Schuerger II

10 Tips on How to File a Lawsuit for Pedestrian Accident in Ohio

Many people are already aware that injured pedestrians can seek compensation from the at-fault driver after getting hit by a car while walking on the road in Cincinnati.


However, what most victims want to know is how to file a lawsuit for a pedestrian accident in Ohio. At times, Ohio laws can be very complicated when dealing with a personal injury lawsuit. Without the help of experienced pedestrian accident lawyers, victims may find it difficult to get the compensation they deserve.


That is why Schuerger Shunnarah Trial Attorneys is ready to fight tooth and nail to ensure that pedestrian accident victims get fair compensation and justice from negligent drivers. The top-rated Ohio pedestrian accident lawyers are just a phone call away. They can consult on how to file a lawsuit for bicycle accident in Ohio as well.


Common Causes of Pedestrian Accidents

Common Causes of Pedestrian Accidents


Before thinking about the amount of money victims can be awarded in a pedestrian accident lawsuit, it is important to establish the cause of the accident.


This will help an experienced pedestrian accident lawyer determine who the at-fault party is, which is the first step to launching a strong pedestrian accident claim.


The following are some of the most common causes of pedestrian accident cases in Ohio:


  • Failure to pay attention by the driver

  • Improper passing

  • Distracted drivers

  • Inexperienced drivers

  • Failure to yield to the right of way

  • Aggressive drivers

  • Speeding

  • Failure to abide by traffic signals and traffic laws

  • Drug and alcohol use

  • Backing up without looking


What Injuries Pedestrians Can Suffer


When a pedestrian gets hit by a car, even one that is not traveling at high speed, serious injuries are the most likely outcome. This is why a pedestrian accident lawsuit has the potential to yield some of the highest personal injury settlement offers.


In rare cases, the injured pedestrian will walk away with just a few bumps and bruises, but the majority of pedestrian accidents result in severe injuries, such as:


  • Spinal cord injuries

  • Traumatic brain injuries

  • Concussions

  • Broken bones

  • Lacerations

  • Burns and road rash

  • Facial fractures or disfigurement

  • Dismemberment

  • Paralysis

  • Permanent disability

  • Death


Damages Awarded in Pedestrian Accidents


How much compensation can injured victims receive from the negligent driver's insurance company? Well, for a serious injury, it can be a very high amount. However, it all depends on the particular circumstances surrounding the pedestrian/car accident.


A good pedestrian accident attorney can help a pedestrian hit by a car to calculate the potential value of their insurance claim. The following are the possible damages that can be awarded:


Economic Damages

These are monetary losses that the Ohio pedestrian accident attorney will calculate based on the victim's injuries and other damages, and they include financial compensation for:


  • Medical bills

  • Lost wages

  • Property damage

  • All accident-related expenses


Non-economic Damages

It is a bit more complicated to calculate how much money victims deserve for non-economic damages that cover pain and suffering or the loss of a loved one due to a wrongful death. However, experienced pedestrian accident attorneys can fight for maximum compensation for victims.


Punitive Damages

If the court feels that the actions of the negligent driver warrant further punishment, punitive damages can be imposed on top of the other damages as a deterrent to future offenders.


10 Tips on How to File a Lawsuit for Pedestrian Accident in Ohio


The following are some of the most important things for victims to remember when filing an Ohio pedestrian accident lawsuit:


1. Seek Medical Attention

The health and safety of the victims should always be paramount. As such, victims need to seek medical attention as soon as possible before considering filing a lawsuit.


2. Gather Evidence

Pedestrian accident lawyers will need all the help they can get when going against big insurance companies. The victims can assist by gathering important evidence, such as photographs of the accident scene and pedestrian injuries.


3. Collect Medical Bills, Records, and Reports

It will be much easier to calculate economic damages with the help of receipts for medical expenses. Victims can also collect their medical records and doctors' reports to help show the pain and suffering they experienced.


4. Talk to Witnesses

If there were any witnesses to the Ohio pedestrian accident, it is better to talk to them quickly while their memories are still fresh.


5. Do Not Talk to the Insurance Company

Besides possibly notifying the negligent driver's insurance company about the accident, victims should avoid talking to an insurer before seeking legal advice.


6. Do Not Accept Initial Offer

The insurance company will likely make a low initial offer to the victims in hopes that they will sign it before knowing the true value of their claim. This offer must not be accepted.


7. Hire a Good Pedestrian Accident Lawyer

A team of experienced pedestrian accident attorneys can fight on behalf of the victims and ensure they get the compensation they deserve.


8. Calculate Damages and Send a Letter of Demand

During the first free consultation, the personal injury lawyer can calculate how much compensation the victim can expect and send the letter of demand to the negligent party responsible for the accident.


9. Negotiate Fair Settlement

With the help of competent Ohio pedestrian accident lawyers, a fair settlement offer can be negotiated without having to drag injured victims through a long and grueling lawsuit.


10. Go to Trial

If the negligent driver's insurance company refuses to pay what the victims deserve, a good pedestrian accident lawyer will take the case to court and let the judge or jury decide. They can also explain how to file a lawsuit for construction accident in Ohio.


How Can Pedestrian Accident Lawyers Assist Victims?

How Can Pedestrian Accident Lawyers Assist Victims?


When navigating complex Ohio laws, experienced Cincinnati pedestrian accident lawyers can help victims in the following ways:


  • Understanding what the law says regarding the rights of a pedestrian crossing the road

  • Determining the value of damages owed to the victim

  • Negotiating a fair settlement offer

  • Filing a personal injury lawsuit

  • Fighting for the rights of injured pedestrians in court


Statute of Limitations for Personal Injury Lawsuits in Ohio


In Ohio, the statute of limitations for personal injury claims to be filed is two years from the date of the accident. Any claims made after that will not be allowed in court.


Schuerger Shunnarah Trial Attorneys - Top Rated Attorneys in Ohio


Car accidents involving pedestrians happen every day on the highways of Ohio. The law allows victims to seek compensation from the at-fault parties, and Schuerger Shunnarah Trial Attorneys is here to make sure they get the fair settlement they deserve.


Victims can call Schuerger Shunnarah Trial Attorneys right now and set up a free consultation.

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