When a careless motorist strikes a person with their car, this person often suffers serious, if not fatal injuries. Drivers who cause these devastating accidents should be held accountable. If you sustained severe injuries after getting hit by a car, you may qualify for financial damages.
A Sandusky pedestrian accident lawyer could help you prepare a strong claim that seeks compensation for all of your losses. Additionally, the experienced personal injury attorneys at Tittle & Perlmuter could handle the legal process while you focus on your recovery.
Motorist negligence is one of the leading causes of pedestrian accidents. For example, a driver who is speeding, texting, talking on the phone, or fails to stop even though a traffic signal indicates to do so can cause them to strike a pedestrian. Other common causes of these accidents may include driver fatigue, drunk driving, and failure to give the right of way.
Not surprisingly, these situations often cause severe and life-changing injuries, such as spinal cord damage, brain trauma, neck and back injuries, torn tendons and ligaments, and broken bones. A lawyer in Sandusky could asses the causes and effects of a particular pedestrian accident and determine the best course of legal action.
A court may grant a few different types of financial awards in a pedestrian injury claim. In these cases, a plaintiff may be eligible to recover compensation for their economic damages, including lost income, past and future medical expenses, and medication costs.
The judge or jury also may award a claimant compensatory damages for their noneconomic losses. These damages may include compensation for loss of consortium, scarring, disability, loss of enjoyment of life, mental distress, emotional anguish, and pain and suffering.
Depending on the details of an incident, a court may decide that the defendant’s actions exhibited willful misconduct or egregious negligence. In these situations, a court may award punitive damages, which are intended to punish the responsible individual rather than make up for a claimant’s losses. A situation that involves a drunk driver striking a pedestrian may warrant punitive damages.
To pursue civil damages for a pedestrian accident, a claimant must be sure to file their case by the appropriate deadline. The standard statutory deadline for personal injury cases, including pedestrian accidents, is two years from the incident date, according to Ohio Revised Code §2305.10.
When a person dies due to the severity of their injuries, the two-year filing period does not begin until the date of their death. In cases involving fatal injuries, the decedent’s estate representative could file a wrongful death case to recover compensation on behalf of the deceased’s family.
Another factor that could affect the statute of limitations is if the injured pedestrian was a minor at the time of the incident. Under these circumstances, the statutory window would not start until this child turned 18, providing the injured party until their 20th birthday to file suit. A Sandusky attorney could help an injured claimant understand which statute of limitations is relevant to their pedestrian accident claim and assist them in filing before the deadline.
The long-term impact of a pedestrian accident can be physically and financially devastating. Fortunately, a Sandusky pedestrian accident lawyer could help you seek legal remedy from the at-fault party. Call Tittle & Perlmuter today to schedule your case consultation and get more information regarding the potential next steps of your claim.