Following motor vehicle accidents, injured passengers have the same rights as injured drivers after motor vehicle accidents in Ohio. This includes the right to receive compensation if someone else’s negligence caused the accident.
Various factors influence how much money a passenger in a car accident can receive, so the exact amount of damages varies from case to case. These factors often differ from drivers’ cases because passengers are rarely at fault. When you turn to Gervelis Law Firm, we’ll assess your passenger injury case, estimate its value, and pursue all the compensation you deserve.
Understanding Your Rights as an Injured Passenger in Ohio
Someone else is usually at fault for a car accident that injures a passenger. This means you can file a claim for compensation with the at-fault party’s insurance.
The at-fault party may be the driver of the vehicle you were riding in, another vehicle’s driver, or a third party such as a government agency. Multiple parties may share some of the fault simultaneously. In that case, you may have the right to file multiple passenger injury claims in Ohio.
Even if you are partially at fault for your injuries—say, you weren’t wearing a seatbelt—you may still receive compensation under Ohio’s comparative negligence law. Under that law, you cannot recover compensation if you are more than 50 percent to blame. However, passengers are rarely that much at fault for accidents. If you are 50 percent or less at fault, your compensation will be reduced by your share of the blame.
Types of Compensation Available for Car Accident Passengers
You may receive compensation for any losses you have sustained from the car accident. This includes economic and non-economic damages, such as the following:
- Medical expenses for hospitalizations, surgeries, medications, physical therapy, and other treatments
- Lost wages for any time missed from work due to your injuries
- Lost earning capacity if your injuries prevent you from returning to your previous career long-term
- Property damage if the accident damaged any personal belongings
- Pain and suffering, including physical pain and emotional distress
- Loss of enjoyment of life if your injuries prevent you from participating in activities you previously enjoyed
Your attorney will calculate your economic damages by assessing documentation of past expenses. They’ll also consult with experts to calculate future expenses. To calculate non-economic damages, you generally multiply the total economic damages by a number between 1.5 and 5.
Punitive damages are also available in cases of extreme recklessness or intentional harm. These damages are meant to punish the defendant and deter future misconduct rather than compensate you, but they still add to your total award if you receive them.
Factors Influencing Compensation Amounts
Your car accident case’s value will depend on factors unique to your case, including:
- Nature and Severity of the Injuries: More severe injuries, such as traumatic brain injuries or spinal fractures, require more extensive medical treatment and often have lifelong implications. If your injury causes a permanent disability or requires multiple surgeries, your compensation will likely be higher.
- Medical Expenses: The overall cost of your medical treatment, including immediate and ongoing care, will be a significant factor in determining compensation.
- Ability to Work After Injury: If your injury prevents you from ever working again, your compensation may include more money for lost earning capacity. If you can still work after your injury but only in a lower-paying job, this may also factor into your compensation.
- Affect on Quality of Life: Subjective losses, such as physical pain and diminished relationships, can also influence your compensation amount.
- Insurance Coverage: The defendant’s insurance policy limits may minimize your compensation. However, multiple defendants or insurance policies may be available.
- Jurisdictional Laws: State auto accident laws, such as Ohio’s comparative negligence law, may reduce the compensation you can recover. For example, your compensation may be lower than the value of your damages if you were partially at fault for the accident.
What Is the Average Settlement Amount for Car Accident Passengers?
Because of the many variables involved, the average settlement for car accident passengers isn’t a good measure of what your case might be worth. However, many cases fall under these ranges according to injury severity:
- Minor injuries, such as soft tissue injuries: $5,000 – $15,000
- Moderate injuries, such as bone fractures or whiplash: $20,000 – $50,000
- Severe injuries, such as traumatic brain injuries or spinal cord damage: $100,000 or more
Filing a Claim as a Passenger in a Car Accident
Your passenger injury claim in Ohio typically begins with a free consultation with our personal injury attorneys. During this consultation, our attorneys will assess your case’s strength and explain your legal options.
If we proceed with a claim, we’ll investigate who’s at fault and calculate your damages. We’ll gather strong evidence, such as police reports, witness statements, and surveillance footage, to help prove each defendant’s liability and your losses.
Next, our attorneys will file a demand letter with the responsible party’s insurance company by Ohio’s filing deadline. The letter will outline your damages and the argument for liability. This will launch negotiations between our attorneys and the insurance company. If negotiations succeed, you’ll sign a settlement agreement and receive compensation.
If the insurance party doesn’t offer a fair settlement, we’ll file suit and litigate your case. We’ll take your case to trial if necessary. Our attorneys will present evidence and arguments on your behalf, and a jury will decide the outcome.
Here is what one satisfied client had to say about our representation:
“Gervelis Law has been instrumental at getting me fair compensation after I was rear-ended. Gene Valentino has made sure that I am informed at every step of the process and has made the entire process easy on me. During treatment, Gene reached out a few times to make sure I was getting healthy again and really cares for his clients. Gene is a great representative for the standard that Gervelis Law sets and provides for their clients” – Santiago M.
Common Challenges Passengers Face When Seeking Compensation
Being an injured passenger can be particularly challenging when the driver responsible for the accident is someone you know personally. Perhaps you were riding in your mother’s car when she ran a red light, or maybe your friend was driving under the influence. You may struggle with filing a claim against a friend or family member. Our attorneys often see such situations in passenger injury cases and understand how to navigate them tactfully.
Insurance disputes can also complicate things. The insurance company may initially offer a settlement that’s far less than you deserve. It may argue that you were partially at fault or try to shift blame onto another driver if the accident involved two vehicles. The insurance company may even unreasonably delay the claims process by requesting unnecessary documentation or waiting weeks to respond to communications. We’re prepared to counter these tactics when they arise.
Additionally, insurance policy limits can be a major obstacle when seeking compensation. The at-fault driver’s liability insurance coverage limits may not be enough to cover all of your damages. Fortunately, you may have options for seeking compensation from other sources, such as underinsured motorist coverage or multiple defendants’ insurance policies.
How Long Does It Take To Settle a Passenger Claim?
Receiving a car accident passenger settlement generally takes between six and 12 months. However, the timeline can be longer or shorter depending on the case’s complexity.
The settlement process may take longer in cases involving disputed liability, severe injuries, or multiple liable parties. More straightforward cases with clear liability and minor injuries sometimes result in quicker settlements.
Contact Gervelis Law Firm Today
Insurance companies do everything possible to minimize compensation for injured car accident passengers. If you or a loved one was injured as a passenger in a car accident, contact the trusted personal injury lawyers at Gervelis Law Firm today. We fight for passenger rights in car accidents every day and want to do the same for you.
Complete our online contact form or call 866-792-2728 for a free consultation.
