Being involved in a pedestrian accident raises many questions. This comprehensive FAQ addresses common concerns and provides clear answers to help you understand your rights and options. This page expands on the shorter FAQ section on our main Columbus Pedestrian Accident Lawyer page, providing more detailed information.
General Questions
What should I do immediately after a pedestrian accident?
See the “Steps to Take After a Pedestrian Accident” section on our main page for a detailed, step-by-step guide. The most important things are to call 911, seek medical attention, gather information (if possible), and contact an attorney.
What if I’m not sure who was at fault?
Fault can be complex in pedestrian accidents. Even if you think you might have been partially responsible, it’s crucial to consult with an attorney. Ohio’s comparative negligence law allows you to recover compensation even if you were partially at fault, as long as you were 50% or less responsible.
Should I talk to the driver’s insurance company?
No. You are not obligated to speak with the at-fault driver’s insurance company, and it’s generally best to avoid direct communication. Anything you say can be used against you. Let your attorney handle all communication.
What if the driver was uninsured or underinsured?
If the at-fault driver is uninsured or doesn’t have enough insurance to cover your damages, you may be able to file a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage. This is why it’s important to have adequate UM/UIM coverage on your own auto insurance policy.
Legal Questions
How long do I have to file a lawsuit in Ohio?
The statute of limitations for personal injury claims in Ohio, including pedestrian accidents, is generally two years from the date of the accident. For wrongful death claims, the statute of limitations is two years from the date of death. Missing this deadline means you lose your right to sue.
What is “comparative negligence”?
Ohio follows a “modified comparative negligence” rule. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. If you are found to be more than 50% responsible, you cannot recover any damages.
What is a “contingency fee”?
A contingency fee means that your attorney only gets paid if they win your case. Their fee is a percentage of the settlement or verdict they obtain for you. You don’t pay any upfront fees or costs.
What types of compensation can I recover?
– You may be able to recover compensation for:
– Medical expenses (past and future)
– Lost wages (past and future)
– Pain and suffering
– Emotional distress
– Disability
– Disfigurement
– Loss of enjoyment of life
– Property damage
What is “discovery”?
After a lawsuit is filed, the “discovery” process begins. During discovery, both sides gather information and evidence to support their case. Common discovery methods include:
– Interrogatories: Written questions that must be answered under oath.
– Requests for Production: Requests for documents, such as medical records, police reports, and insurance policies.
– Depositions: Out-of-court testimony given under oath.
How long will my case take to resolve?
It is very hard to determine. This depends on the facts and circumstances of the accident.
Medical Questions
Should I see a doctor even if I don’t feel injured?
Yes. Some injuries, such as concussions and internal injuries, may have delayed symptoms. It’s crucial to seek medical attention as soon as possible after a pedestrian accident, even if you don’t feel immediate pain. A medical examination can identify hidden injuries and create a record of your injuries for your legal claim.
What if I can’t afford medical treatment?
There are options available to help you get the medical care you need, even if you don’t have health insurance or can’t afford the co-pays. Your attorney can help you explore these options, which may include:
– Letters of Protection (LOPs): An agreement where a medical provider agrees to treat you and wait for payment from your settlement. *This should only be used after consulting with an attorney.
– Medical Payment (“Med Pay”) Coverage: An optional coverage of the car insruance.
