Car accidents often occur as a result of the carelessness of another driver. When these accidents happen, it isn't just the driver that suffers harm. Motor vehicle passengers, like drivers, are susceptible to significant injury in any car crash.
Passengers injured in car accidents may be entitled to compensation for a number of damages based on the severity of their impairments and the facts surrounding the incident.
Anyone who has suffered injuries in a car accident needs to know that the insurance company they are dealing with is probably not on their side. Insurance companies are essentially businesses that must operate in a way that generates a profit.
This is why hiring the best car accident attorney in Columbus is essential to receive due compensation for the damages caused during the auto accident. Those wondering: "How much money can a passenger in a car accident get?" can find all they need to know in this article.
Keating Law Firm Is Here to Help!
A passenger in a car who has suffered injuries during a motor vehicle accident may be entitled to compensation for their medical expenses, property damage, and more. Get in touch with an experienced car accident lawyer from Keating Law Firm to determine how to go about filing a personal injury claim.
Victims Bear the Burden of Proof When Filing a Personal Injury Claim
The passenger who suffers injuries bears the burden of providing evidence when seeking monetary compensation for the damages they sustained in a car accident. This implies that the injured person must show that the person driving the car and the other driver acted irrationally, carelessly, or negligently.
Examples of such negligent action include running a red light or ignoring a stop sign, traveling above the speed limit, or disobeying other traffic laws.
Furthermore, the injured passenger must show that he or she was indeed hurt in the collision and that the car accident was the direct cause of their injuries. Victims may not receive compensation for injuries present before the car accident occurred.
A knowledgeable personal injury lawyer from Keating Law Firm can help injured passengers prove their passenger injury claim and pursue the financial recompense they deserve by gathering all relevant evidence. This includes contacting witnesses, reviewing surveillance footage, and reviewing the police report.
What Damages Can Passengers Claim for Car Accidents?
Damages or the losses a person incurs as the direct result of motor vehicle accidents are typically divided into two categories. These are economic and non-economic damages. Additionally, punitive damages used to essentially punish the driver at fault for their negligent actions may apply in some circumstances.
If victims wish to determine what damages they may claim, they are advised to contact Keating Law Firm to discuss the unique facts surrounding the case. Below is a more detailed look at these types of damages.
1. Economic Damages
Claiming economic damages involves claiming for the monetary losses incurred as a direct result of the accident. Below are some examples of economic damages that an injured passenger may claim in a lawsuit.
Medical Expenses
When serious injuries occur as a result of a car accident, there are often several medical bills that ensue. Fortunately, victims can claim these medical treatment expenses in a personal injury claim or lawsuit. Below are some examples of medical expenses that an injured passenger may be liable for following an auto accident.
The cost of receiving medical treatment
Diagnostic testing
Surgical and no-surgical procedures
Physical therapy
Costs associated with hospitalization
Emergency services
When speaking with a personal injury attorney about the car accident case, car accident victims must be sure to include all medical expenditures incurred. A good lawyer will take into consideration any future medical expenses, too, to ensure that all medical bills relating to the incident are paid in full. Injured passengers must be sure to document their injuries with a doctor and keep track of all the testing, surgeries, and treatments they've received.
Lost Income
When accident victims suffer serious injuries, they are often unable to work. Therefore, when filing a car accident claim, victims can also claim lost wages. The amount they are able to receive for lost income varies based on how much time was spent away from work for recovery, the amount the victim was earning at the time, and whether he or she lost any benefits due to being unable to work.
2. Non-economic Damages
Compensation for intangible, non-monetary damages, such as pain and suffering, emotional distress, mental anguish, and a loss of companionship or consortium, are referred to as non-economic damages.
Passengers Who Suffered Injuries in a Car Accident May Be Entitled to Compensation for Their Pain and Suffering
Even though the majority of damages associated with motor vehicle accidents are easily measurable, such as the monetary damages mentioned earlier, pain and suffering damages are more difficult to quantify.
In principle, these damages include the distress associated with physical discomfort caused by the injuries, emotional distress, and a loss of happiness and wellbeing.
Loss of enjoyment of previously enjoyed activities, mental or emotional issues, and loss of relationships because of the car accident are all examples of pain and suffering damages that victims may claim.
A seasoned attorney can help injured parties determine how much they may claim for pain and suffering, so be sure to discuss this during the free consultation and case review.
3. Punitive Damages
Punitive damages are not meant to cover the suffering of a car accident victim, such as a person involved in multi car rear end accident. Instead, they are intended to penalize a defendant for a severely negligent or malicious action that resulted in the plaintiff's injuries.
Suppose the defendant was operating a motor vehicle while under the influence of drugs or alcohol, speeding, or practicing distracted driving. In that case, a jury might deem him or her guilty of negligence and award additional compensation to the victim.
Filing a Wrongful Death Lawsuit
Those whose loved one died in an auto accident caused by someone else's negligence may be eligible to receive compensation for their wrongful death. In such cases, a lawyer can help family members to seek compensation from the driver at fault to cover the expenses the family is left with after the passenger of a vehicle dies in a car accident.
Here are some of the wrongful death damages family members can claim in such cases:
Funeral expenses
Medical expenses
Lost wages (of family members and the deceased)
Pain and suffering damages
Loss of consortium and companionship
Get in touch with a reliable attorney from Keating Law Firm to pursue compensation for the loss of a loved one. It may not take away the pain that follows when a family member dies unexpectedly, but it can certainly help to provide financial relief.
The Statute of Limitations for Car Accident Claims in Ohio
In Ohio, victims have two years from the date of the car accident to file a claim against the drivers involved. If the claimant is under the age of 18, however, he or she has two years from the date of his or her 18th birthday to initiate a claim. Should their claim be merely for damage to property, the Ohio statute of limitations gives them four years to file their claim.
Because some defendants, such as municipalities, have a one-year statute of limitations, it is best to contact an experienced personal injury attorney as soon as possible following an incident to avoid missing the opportunity to file a claim or lawsuit.
What About Insurance Coverage?
Any claim made following an auto accident will almost always involve auto insurance. To legally operate a motor vehicle on Ohio state highways and roads, the state requires the owner of the car to have a specified amount of insurance coverage.
Drivers can submit a claim for their damages with their own insurance company. However, they are also liable for any damages their passengers suffered because of the accident. If they do not have sufficient coverage, they will have to take responsibility for financial losses in the event of a collision.
Filing a Claim with the Driver's Insurance Company
Passengers in a car that caused a crash will need to get their lawyer to file a claim with the driver's insurance company. If another driver caused the car accident, victims could have their lawyer contact that person's insurance company to make a claim.
What about Multi-car Accidents?
Vehicle occupants who suffer injuries may also submit claims with the insurance providers of all the drivers found to be at fault if the accident was a multiple car accident. They can also submit a separate personal injury claim against the driver operating the vehicle to seek compensation for their medical bills and other losses.
Keating Law Firm Can Help Victims Recover Compensation
Passengers who sustain car accident injuries may be entitled to compensation for their damages. However, determining how much money a passenger in a car accident can get may be challenging. This is why it is crucial to contact a personal injury attorney who can guide victims on the legal course of action to take.
Get in touch with an experienced lawyer from Keating Law Firm by dialing (866) 836-4878 to book a free consultation and case review.