The average pedestrian accident settlement in Ohio is approximately $40,000, but this number doesn’t tell you the full story. Results vary and are not guaranteed. Many factors influence settlement amounts for pedestrian accidents, and each case has a unique value. Some victims receive a few thousand dollars, while others receive settlements well into the millions.
Over 14,000 pedestrian-related traffic crashes occurred on Ohio roadways between 2018 and 2023 . Nationwide, more than 67,000 pedestrians were injured or killed in traffic crashes in 2021 . Each of these victims has experienced unique challenges in the aftermath of their accidents, and their settlement amounts should fairly reflect their losses.
When you turn to Gervelis Law Firm after a pedestrian injury, we’ll estimate your damages to determine your potential settlement amount and fight for the full compensation you deserve.
Factors That Influence Pedestrian Accident Settlements in Ohio
Your pedestrian injury compensation will depend on various factors specific to your case.
Injury Severity
Being hit by a car can cause minor, major, or catastrophic injuries. More severe injuries tend to lead to higher settlement amounts than minor injuries.
Minor injuries include sprains, strains, bruises, and lacerations. These injuries may take a victim out of work for a few days and require minimal medical intervention. Compensation for minor injuries generally reflects the lower impact on a victim’s life.
Major injuries, such as broken bones or concussions, may affect a victim’s quality of life for several months. Catastrophic injuries, such as spinal cord injuries or amputations, typically have permanent effects that prevent a victim from returning to work and require lifelong medical care. Such injuries often result in significantly more compensation for the victim’s damages.
Medical Expenses
Past and future medical expenses can comprise a large portion of an injured pedestrian’s compensation. Your pedestrian accident settlement amount will depend on the extent of your immediate and long-term medical needs, including:
- Initial and follow-up doctor’s appointments
- Emergency room visits
- Hospitalizations
- Surgeries
- Physical therapy sessions
- Medical imaging, such as MRIs or X-rays
- Medications
- Durable medical equipment, such as crutches or wheelchairs
Lost Wages
Personal injury compensation for pedestrians often includes lost wages. This covers the income you lost due to time off work during your recovery. The longer you’re out of work after your injury, the higher your settlement may be.
Diminished Earning Capacity
Your compensation may also include diminished earning capacity if your injuries prevent you from performing the same job duties as before the accident. This can greatly increase your settlement amount, as it accounts for your future earning potential.
Your age and career trajectory can both affect your diminished earning capacity. For instance, a 35-year-old doctor may receive more of these damages than a 65-year-old teacher, as the doctor has more years left in their career and higher potential earnings.
Pain and Suffering
The physical pain, limitations, scarring, or disfigurement you experience related to your accident may also affect your settlement. You may receive more compensation if you suffer from chronic pain. Pain and suffering damages are often a significant portion of the compensation for a pedestrian accident.
Emotional Distress
If you suffer from any mental or emotional trauma from the accident and your injuries, you might be entitled to compensation for them. These may include anxiety, depression, and post-traumatic stress disorder, or PTSD.
Liability and Fault
The apportionment of fault affects the compensation recoverable. Ohio is an at-fault state for traffic collisions. That means the driver who caused the accident is liable for the victim’s damages. You may only receive compensation if someone else is liable.
Multiple parties, including the injured person, may be at fault for a single pedestrian accident. Under Ohio’s modified comparative fault law, you may recover compensation if you’re less than 51 percent at fault for the accident.
Your compensation will be reduced according to your share of the fault. For instance, if your case is worth $100,000 and you’re 25 percent at fault, you’ll receive only $75,000.
Insurance Coverage
The at-fault driver’s insurance coverage may affect your settlement amount. Ohio requires drivers to carry a minimum of $25,000 per bodily injury in liability coverage. Many drivers only purchase the minimum required amount, and this limit may be insufficient to cover your damages if you’ve suffered serious injuries.
If your damages exceed the driver’s liability insurance limits—or the at-fault driver is uninsured—you may seek additional compensation through your uninsured motorist or underinsured motorist coverage, also known as UM/UIM. Ohio requires insurance companies to offer UM/UIM coverage, but drivers have the option to not purchase it. If you don’t have this coverage, your chances for compensation could be limited. You can try to collect your damages from the at-fault driver’s personal assets, but that is much tougher.
How To Maximize Your Pedestrian Accident Compensation
The right actions after a pedestrian accident can help you get the full compensation you deserve. Try to take these steps immediately to protect your right to a fair settlement:
- Get prompt medical attention. As well as improving your chances for recovery, this helps you prove your injury’s link to the accident. Comply with your doctor’s treatment plan to avoid downplaying your injuries.
- Document everything. Photograph the accident scene and your injuries, and get witness information. Keep a copy of any receipts, bills, medical records, and employment-related correspondence you receive.
- Be careful what you say. Avoid admitting fault directly or indirectly, such as saying, “I’m sorry,” or “I didn’t see you.” Don’t provide a statement to the insurance company without consulting a lawyer.
- Hire an experienced personal injury lawyer. An attorney can protect you against the insurance company’s tactics and negotiate a higher settlement.
It’s also important to consider your future damages at all stages of the legal process. Understanding the full extent of your physical, emotional, and financial damages takes time and extensive investigation. Seek legal advice before accepting an insurance company’s initial settlement offer. This offer won’t reflect the long-term effects of your injury, which can add to your settlement value.
How Long After Filing a Claim Will I Receive a Settlement?
The time it takes to receive a settlement depends largely on the length of your medical treatment. After you complete your initial medical treatment, our attorneys will do their best to get you a settlement within 90 days.
A longer timeline is sometimes necessary to recover fair compensation. We strive to balance the need for a quick settlement with the need to negotiate for the best possible outcome.
How Can a Pedestrian Accident Lawyer at Gervelis Law Firm Help?
We understand how important it is for you to receive compensation for the full extent of your damages after a life-altering injury. Our aggressive approach means we don’t back down when insurance companies try to offer you less than you deserve.
We get to work quickly after a pedestrian accident. Our Rapid Investigation Team will be at the accident scene within 24 hours after you contact us. You’ll feel like a priority from the moment you turn to our team, and we’ll keep you informed every step of the way.
Our attorneys have decades of experience getting maximum compensation for injured pedestrians and their loved ones. We know what evidence to look for, what questions to ask, and how to turn that information into a strong legal case. We’ve earned a reputation throughout Ohio for our personal injury advocacy, which has resulted in Super Lawyers awards and Ohio Association of Justice Board of Directors membership.
Contact Gervelis Law Firm Today
You’re dealing with enough after a pedestrian accident. Allow our team to handle the legal details while you focus on your health.
Contact us online or call 866-792-2728 for a free consultation.
