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  • Writer's pictureRobert Schuerger II

Understanding the Statute of Limitations for a Pedestrian Accident in Ohio

A pedestrian accident can be a life-altering event, leaving the victims with serious injuries, medical bills, and emotional pain. In worse cases, it can lead to a wrongful death. It is crucial for the affected parties to understand the legal process of filing a claim or lawsuit and the time limits involved to recover the damages.

Schuerger Shunnarah Trial Attorneys have extensive experience handling personal injury cases, including pedestrian accident claims. They have recovered more than $1 billion for their clients and can guide the injured victims in Cincinnati, Ohio, on the time they have left to pursue compensation.

Common Pedestrian Accident Injuries

Common Pedestrian Accident Injuries

The injuries suffered by a pedestrian depends on the type of accident they've experienced while walking around. 

A car accident involving a bystander, for example, could lead to catastrophic injuries, such as traumatic brain injuries, spinal cord damage, broken bones, fractures, and internal bleeding.

Whether it is a car accident or a slip and fall due to a cracked walkway, injured pedestrians must seek immediate medical attention before reaching out to a skilled personal injury attorney to pursue a claim or lawsuit against the negligent party.

Who Is Responsible for a Pedestrian Accident in Ohio?

Some of the negligent parties named in Ohio personal injury claims involving injured pedestrians include the following:

  • A driver

  • Vehicle manufacturer

  • Government agency

  • The injured pedestrian

Before pursuing personal injury claims, it's important for the injured pedestrians to determine the liable parties. Skilled pedestrian accident attorneys can investigate the incident to identify the responsible party and hold them accountable for the damages caused.

What Types of Compensatory Damages Are Available After a Pedestrian Accident in Ohio?

The two main types of damages that the injured pedestrians can recover in Ohio are as follows:

Economic Damages

When a pedestrian suffers injuries in a car accident or any other type of traumatic incident, they may experience out-of-pocket expenses, commonly referred to as economic damages. These may include the following:

  • Medical expenses: A car accident or any other incident can leave a pedestrian with serious injuries, prompting them to seek medical attention. Visits to the hospital and seeking treatment can be expensive, which is why the law allows injured victims to recover medical expenses. These may include hospital costs, prescription medication, surgery, therapy and rehabilitation, and future medical bills.

  • Lost wages: After suffering injuries in an accident, the injured pedestrian may have to take time off from work to focus on their medical treatment and recovery. This could lead to a financial strain. Under personal injury law in Ohio, a victim can seek lost wages, including loss of earning capacity, by pursuing a claim or lawsuit against the negligent party.

  • Property damage: A pedestrian may be carrying valuables, such as a laptop, mobile phone, or a watch, which could get damaged during an accident. Fortunately, the affected party can file a personal injury claim or lawsuit to recover property damages from the negligent party's insurance company.

Non-economic Damages

Besides economic damages, the personal injury law in Ohio allows an injured pedestrian to pursue non-economic damages. These are subjective or non-monetary losses, which are often challenging to calculate without legal representation.

Depending on the facts surrounding the personal injury case, an injured pedestrian may be able to recover the following non-economic damages:

  • Pain and suffering;

  • Emotional trauma;

  • Mental anguish; and

  • Reduced quality of life.

Every accident claim is unique, and the damages may vary from one case to another. It's important to note that injured pedestrians do not have a lot of time to pursue personal injury lawsuits or claims to obtain compensation.

Injured pedestrians in Ohio must immediately reach out to an experienced pedestrian injury lawyer in Cincinnati to discuss their case and determine the types of compensatory damages available to them.

What Is the Statute of Limitations for a Pedestrian Accident in Ohio?

The personal injury statute of limitations governs the time frame in which an injured pedestrian can pursue a personal injury lawsuit or claim. After the period expires, the affected party loses the right to financial recovery.

Under the personal injury law, the Ohio statute of limitations for pedestrian accidents is two years from the date of the incident, during which the injured victim can bring a civil action against the responsible party.

What Is the Statute of Limitations for Car Accident Claims Involving Pedestrians?

The statute of limitations for car accident claims and any other injury claim involving pedestrians in Ohio is two years from the date of the incident.

A pedestrian hit by a speeding car, for example, has two years to pursue a car accident claim against the negligent driver. Failure to seek compensation after the statute of limitations expires bars the injured party from bringing legal action.

What Is the Statute of Limitations for Pedestrian Accidents Involving Government Agencies in Ohio?

While the statute of limitations for pedestrian accidents in Ohio is two years, the deadline is even shorter if it involves a negligent government officer or agency. The process is also different for claims against such entities.

It's crucial for an injured pedestrian to discuss their case with an experienced personal injury attorney and seek legal advice on their claim. They can also answer questions like What is the one bite rule in Ohio?

Understanding the Exceptions to the Statute of Limitations in Ohio

There are some exceptions to the statute of limitations in Ohio, and these include the following:

  • Delayed discovery: If the injuries do not show up right after the incident, the statute of limitations may begin from the date of discovery rather than the day the accident happened.

  • Minors: The law places a hold on the statute of limitations for accidents involving minor pedestrians until the affected party reaches the age of maturity (18 years in Ohio).

Should Injured Pedestrians Seek Legal Representation in Ohio?

Should Injured Pedestrians Seek Legal Representation in Ohio?

Although the two-year statute of limitations may seem like the injured victim has enough time to bring a civil action, it's important to note that building a strong personal injury claim or lawsuit is challenging.

As the clock starts to tick, the affected pedestrian must not only determine the negligent party but also scramble to gather enough evidence to file a claim. This can be a hectic process and take a toll on the injured victim, as they may be undergoing medical treatment.

Whether it's car accident claims or slip-and-fall lawsuits, injured pedestrians must let an experienced personal injury lawyer handle the legal matters while they seek medical attention. They can provide more information on Whose fault is it if a self driving car hits a pedestrian? The skilled team at Schuerger Shunnarah Trial Attorneys can help in many ways, including the following:

  • Allocate resources to investigate the accident and determine the time left to pursue the case;

  • Determine the liable parties and hold them accountable;

  • Calculate the compensatory damages incurred;

  • Gather the necessary evidence and build a trial-ready case; and

  • Negotiate a fair settlement or go to trial.

Schuerger Shunnarah Trial Attorneys Won't Rest Until Justice Is Served!

Those who have suffered injuries in pedestrian accidents in Cincinnati, Ohio, should call to schedule a free consultation with Schuerger Shunnarah Trial Attorneys. They can assess the facts surrounding their claim and fight aggressively to recover compensation for the injured victim!


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