09/18/24
18 min
Key Factors That Could Maximize Your Compensation for Snow Accidents in Ohio.
Whether you’re traveling on icy sidewalks, driving on slick roads, or engaging in outdoor activities, the risks are significantly increased during the winter months. In the U.S., nearly 5.9 million car crashes are reported each year: 21% are weather-related. Moreover, more than half a million of those weather-related accidents are caused by snow, sleet, icy pavement, or slushy pavement. On average, 138,735 motorists are injured in these conditions, and 1,705 Americans lose their lives due to winter weather crashes each year. This is especially common in states like Ohio, where winters are long and marked by heavy snowfall. Driving in harsh weather conditions comes with increased responsibility, but victims of snow accidents may still be eligible for compensation. If you are experiencing pain and suffering after a snow accident, this blog touches on everything you need to know. Specifically, we dive into what factors influence compensation and real-life examples to further illustrate the impact of weather on injuries, fault, and compensation.
When injured in a snow-related accident, you are exposed to several damages that may be eligible for compensation. Under tort law, damages are defined as the measurable negative impact that an accident, and consequent injury, has on your life. For example, if you break your hand in an accident and can no longer work, loss of income is a measurable negative impact on your life. Victims are thus awarded compensation to cover those damages. Eligible damages for recovery include medical expenses, lost wages, pain and suffering, loss of consortium, and punitive damages.
Medical bills are often the most immediate concern after a snow-related accident. Whether it’s emergency care, surgeries, physical therapy, or long-term rehabilitation, these expenses quickly add up. Compensation for medical bills typically include past, current, and future medical costs, especially in cases involving severe injuries like traumatic brain injuries or paralysis.
Snow-related injuries often lead to time off work, whether for short-term recovery or long-term disability. Compensation for lost wages covers the income you missed while recovering. In cases of severe injuries that prevent you from returning to your job or hinder your earning potential, you may also seek compensation for loss of earning capacity, i.e., future wages. This is a crucial factor, as demonstrated in a popular case, Bagley v. Mt. Bachelor, Inc., where long-term disability and its impact on earning capacity played a significant role in the compensation awarded. (We will explore said case later in this article.)
Pain and suffering entail the physical pain and emotional distress caused by the accident and injury. This damage is more challenging to quantify but is essential in cases where injuries have a lasting impact on your quality of life, such as permanent disabilities or chronic pain from spinal cord injuries.
In cases where a severe injury affects your relationship with your spouse or family, you may also seek compensation for loss of consortium. This refers to the diminished quality of your relationship due to the injury, such as the inability to engage in normal family activities or maintain emotional support. As we will later highlight in Jepson v. Speedway LLC, even though loss of consortium is not a physical injury, it can significantly impact the emotional and relational well-being of the victim’s loved ones, resulting in compensation for family members.
In cases where the defendant’s negligence was particularly egregious, such as willful or reckless disregard for safety, the court may award punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future. While less common, punitive damages may be awarded in cases where property owners or businesses outright neglect to maintain safe premises during hazardous weather conditions.
Let’s assume you are eligible to receive compensation for the damages listed above. The exact amount you will be awarded is influenced by a variety of factors.
Factors that influence compensation for snow accidents in Ohio include, (1) the severity of the injury, (2) your contribution to the injury, and (3) the involvement of a personal injury lawyer.
The compensation granted for snow-related injuries is highly influenced by the severity of the injury and the impact it has on your life. Compensation for mild injuries, like sprains or minor fractures, typically covers medical bills, recovery time, and short-term lost wages. On the other hand, severe injuries, such as spinal cord damage or traumatic brain injuries, often result in much larger compensation packages. This is because severe injuries may require lifelong medical care, rehabilitation, and support, while diminishing future earnings and the overall quality of life.
In addition to the severity of the injury, negligence plays a crucial role in determining the compensation available in snow-related accidents. Ohio follows a modified comparative negligence rule, which means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, you may not seek compensation if you are found to be more than 51% at fault.
An individual has a legal obligation to exercise reasonable care to ensure the safety of themselves and others, especially during hazardous weather. This means taking necessary precautions such as clearing snow or ice from walkways or driving carefully. If a person fails to uphold this duty of care, and their negligence results in an injury, a percentage of fault is attributed to them. Take a person who is speeding down an icy road and suddenly slams the brakes. If that person is rear-ended, they are partially at fault for the accident even though they were hit by the vehicle behind them. In this scenario, the person did not exercise reasonable care to maintain road safety during snowy weather conditions.
Although not necessary for filing a claim, hiring an Ohio personal injury lawyer significantly influences compensation. Compensation is attained from the insurance company of the at-fault party. Unfortunately, insurance companies are equipped with experienced legal teams trained to reduce their losses. Thus, insurance typically offers low settlements immediately after the accident to avoid paying for the full extent of damage which may arise later down the road. When a personal injury lawyer is involved from the onset, they advocate on your behalf and aim to attain the maximum compensation you are entitled to under the law. Most cases are settled before going to trial. However, as evidenced by the cases below, a personal injury lawyer becomes most advantageous when a case is presented to a jury.
When you’re dealing with a serious injury resulting from a snow-accident, it’s easy to feel overwhelmed by the physical, emotional, and financial toll. Fortunately, an experienced personal injury attorney works to alleviate the damages by seeking justice and compensation on your behalf. These real-life cases illustrate how an attorney maximizes compensation and how the severity of injury and attributed fault impact the outcome of a personal injury claim.
In Bagley v. Mt. Bachelor, Inc., Myles Bagley, an experienced snowboarder, suffered a catastrophic injury at Mt. Bachelor’s terrain park in Oregon after a failed jump left him paralyzed. Bagley had signed a liability waiver when purchasing his season pass, which the resort argued shielded them from any responsibility, even for negligence. However, Bagley claimed that the resort’s negligence, in the design and maintenance of the jump, caused his injury.
The Oregon Supreme Court ultimately ruled in Bagley’s favor, determining that the waiver was unconscionable and unenforceable. Despite the waiver, Mt. Bachelor had a duty of care to provide a safe environment, which they breached by failing to properly design and maintain the jump. While the exact settlement amount in Bagley’s case was not publicly disclosed, it’s important to note that the severity of Bagley’s injury–permanent paralysis– played a significant role in the compensation awarded. Severe injuries result in higher settlements due to long-term medical needs, rehabilitation, loss of future earnings, and hindrance to quality of life.
In Bruszniewski v. Atlantic American Fire Protection Co., Janusz Bruszniewski, a 55-year-old plumber, suffered a severe leg injury after slipping on ice at a construction site in Joliet, Illinois. Bruszniewski claimed the ice formed due to water drained from a fire sprinkler system maintained by Atlantic American. He pursued legal action for negligence and premise liability, arguing that the company’s failure to address hazardous conditions led directly to his injury.
In Illinois, where this case took place, the modified comparative negligence rule applies, meaning compensation is reduced according to the plaintiff’s degree of fault. The jury found Atlantic American 80% responsible for the incident and Bruszniewski 20% at fault. The total damages awarded were $1,221,282, but Bruszniewski’s compensation was reduced by 20% due to his share of fault, resulting in $977,026. This amount was further offset by a pre-trial settlement with other defendants, bringing the final amount to $727,026. Following the trial, the case settled for $700,000. The severity of Bruszniewski’s injury, which required multiple surgeries and a future knee replacement, was a significant factor in the compensation awarded.
In Jepson v. Speedway LLC, David Jepson, a 45-year-old man, suffered severe neck injuries after slipping on snow and ice in a Speedway gas station parking lot in Massachusetts. Jepson claimed that the gas station failed to maintain safe conditions by not promptly clearing the snow and ice that caused him to fall. Jepson sued for negligence, asserting that the unsafe conditions were the direct cause of his injuries. Speedway argued that the snow and ice were open and obvious, and that Jepson was comparatively negligent for not exercising proper caution.
The jury found Speedway 85% at fault and Jepson 15% at fault for the incident. Jepson was awarded $610,000 in damages, reduced to $518,500 after accounting for his comparative fault. Additionally, Jepson’s wife and children were awarded $70,000 for loss of consortium, bringing the total judgment to $588,500. Jepson’s injuries required multiple surgeries, including spinal fusions, and caused permanent limitations in his range of motion. The severity of these injuries played a key role in determining the compensation, as the long-term impact on his life and ability to work was substantial. One notable aspect of this case is the award for loss of consortium, which compensates Jepson’s family for the diminished quality of their relationship with him due to his injuries. While loss of consortium is not a physical injury, it still carries weight in personal injury cases due to its significant impact on the family’s emotional and relational well-being.
At Senft Injury Advocates, we understand how overwhelming it can be to navigate the aftermath of a winter-related accident in Ohio. You deserve legal advocates who are experienced, committed to your case, and focused on your rights. With our extensive experience in handling snow-related injuries, we’re here to guide you every step of the way—from assessing negligence to evaluating the full scope of your injuries. Take advantage of our free consultation to discuss your case and explore your best options. Plus, with our contingency approach, you don’t pay unless we win your case. Let us handle the legal complexities, so you can focus on your recovery. You don’t have to face this journey alone—we’re here for you.