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Ohio Car Accident Settlement Amounts and Case Examples
See actual compensation paid to car accident victims in Ohio. Find personal injury cases similar to yours.
More than 68,000 traffic accidents with injuries or fatalities occur in Ohio every year.¹ If you or a loved one are injured in a collision, you can pursue compensation.
The average car accident settlement for a moderate injury claim in Ohio is $19,820. Average payouts range from $5,226 for minor injuries to $316,574 for severe injuries.
Average Ohio Car Accident Settlement Amounts
We analyzed a sampling of Ohio cases filed by people injured in various types of vehicle accidents. Each plaintiff in the group received a court award, arbitration award, or settled their case before trial.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $5,226 |
| Moderate Injury | $19,820 |
| Severe Injury | $306,574 |
Payout Range by Severity of Injury |
|
| Minor Injury | $1,440 – $9,720 |
| Moderate Injury | $10,000 – $43,564 |
| Severe Injury | $44,490 – $3,750,000 |
Types of Motor Vehicle Accidents
Our sample group includes a variety of accident scenarios. Nationwide, side-impact collisions are the most common type of crash resulting in injuries, followed by rear-end collisions.
Average Side-Impact Collision Settlements |
|
|---|---|
| Minor Injury | $4,821 |
| Moderate Injury | $21,580 |
| Severe Injury | $106,316 |
Average Rear-End Accident Settlements |
|
| Minor Injury | $5,350 |
| Moderate Injury | $16,869 |
| Severe Injury | $864,398 |
Types of Car Accident Injuries
Our sample cases include a range of injuries, from mild muscle sprains to severe brain damage and spinal cord injuries. Most accident victims can expect to settle in the moderate payout range.
Neck and back injuries are the most common injury in all types of accidents, followed by head injuries. Victims of serious accidents often sustain multiple injuries. Insurance settlements and jury awards are intended to compensate the claimant for all their damages, not just one specific injury.
Average Neck and Back Injury Settlements |
|
|---|---|
| Minor Injury | $5,747 |
| Moderate Injury | $20,289 |
| Severe Injury | $410,548 |
Average Head Injury Settlements |
|
| Minor Injury | $6,216 |
| Moderate Injury | $26,305 |
| Severe Injury | $650,553 |
How Car Accident Settlements Are Calculated
Ohio is a traditional fault or “tort” state, meaning you have the right to pursue compensation directly from the negligent party. Usually, that means filing a claim with the at-fault driver’s auto insurance company.
Medical Expenses
An easy way to estimate a fair injury settlement is the multiple method. Add up all your economic damages, like medical bills, lost wages, and out-of-pocket expenses. Then add one to three times that amount to compensate for your non-economic damages, commonly known as pain and suffering.
Severe injury claims should be evaluated by an experienced personal injury attorney. The attorney will work to ensure you are fairly compensated for future medical expenses, loss of income-earning capacity, the long-term pain and suffering that results from serious injuries.
Other factors that influence injury payouts in Ohio:
- Shared Fault - Ohio is a modified comparative fault state. This means you can seek compensation from the at-fault driver so long as you are not more than 50 percent to blame for causing your injuries. Your payout will be reduced according to your share of fault.
- Auto Policy Limits - Ohio requires all drivers to carry insurance no less than $25,000 per person/$50,000 per accident for bodily injuries, and $25,000 for property damage.
- Multiple Claimants - When more than one person is seriously injured in the same accident, there may not be enough insurance money to fully compensate everyone.
- Uninsured/Underinsured - Ohio law does not require drivers to carry uninsured (UM) or underinsured (UIM) motorist coverage, but this coverage will help if you are hit by an uninsured driver or a hit-and-run driver.
- Punitive Damages - Ohio law limits punitive damages against a small employer or individual to $350,000. Punitive damages can only be award by a jury.
- Commercial Policies - When the at-fault driver was operating a company car or truck, higher commercial liability limits may apply.
Frequently Asked Questions
How much are most car accident settlements in Ohio?
A moderate car accident settlement in Ohio averages $19,820. Your settlement payout should be enough to cover your medical expenses, lost wages, out-of-pocket expenses, and pain and suffering.
How long can it take to settle an injury claim in Ohio?
Ohio has a two-year statute of limitations for personal injury claims arising from a vehicle accident. Adults must must settle their claim or file a lawsuit within two years of the accident date.
Is Ohio a no-fault state for car accidents?
No. Ohio is a traditional fault or “tort” state. You can pursue compensation for your car accident damages from the at-fault driver. You are not required to start with a claim on your own insurance policy like in a no-fault state.
Are there penalties for driving without insurance in Ohio?
It is illegal to drive without insurance in Ohio. Offenders will lose their driving license and vehicle registrations. Fines and fees range from $100 to $600.
How much do Ohio attorneys charge?
Ohio Rules of Professional Conduct prohibit attorneys from charging an excessive fee. Personal injury attorneys customarily charge a contingency fee between 33 and 40 percent of the final compensation they recover on your behalf.
Minor Injury Case Examples
Rear-End Crash Aggravates Phobias
- Type of Injury: Back injuries-Cervical/Lumbar sprain
- Type of Accident: Rear-end
- Award/Settlement Amount: $1,440
- Case Summary: Plaintiff reportedly was driving when defendant, drove in the same lane in the same direction, and subsequently struck the rear of her car. Plaintiff and her passengers claimed they were injured. The plaintiffs allegedly suffered pain from injuries suffered in the accident or injuries aggravated by the accident, as well as mental anguish and accident-related phobias. Plaintiff filed a lawsuit against defendant for negligent driving. Defendant admitted there was a collision between the two cars, but denied negligence. Defendant also contended the plaintiffs' damages were speculative and not related to any actual damages. A jury returned a verdict in favor of plaintiff and awarded her $1,440.
- Location: Franklin County, Ohio
- Case Name and Docket Number: Coulter v. Elder, 01CVC11-11408
Shoulder Contusions Caused by Red Light Runner
- Type of Injury: Left shoulder contusion and strain
- Type of Accident: Side-impact
- Award/Settlement Amount: $1,453
- Case Summary: Plaintiff and defendant reportedly were involved in a motor-vehicle accident at an intersection. Plaintiff allegedly sustained injuries that included a contusion and strain of his left shoulder for which he paid medical expenses in excess of $7,400. Plaintiff sued defendant for negligence, failure to stop at the intersection's red traffic signal and causing the collision. Defendant contested the extent of the plaintiff's medical expenses. He also alleged plaintiff failed to join other necessary parties who may also have responsibility for some of the medical costs. The jury rendered a verdict in favor of the plaintiff in the amount of $1,453.
- Location: Franklin County, Ohio
- Case Name and Docket Number: Salvatore v. Findlay, 05-CVC11-12541
Plaintiff Sues Over Two Separate Car Accidents
- Type of Injury: Soft tissue neck, back and hip injuries
- Type of Accident: Rear-end
- Award/Settlement Amount: $2,500
- Case Summary: Plaintiff was involved in two separate motor vehicle accidents at the same location, just four days apart. In both instances, plaintiff was rear-ended an exit ramp. The first accident involved a vehicle driven by defendant 1. The impact shattered the windows in plaintiff’s vehicle. The second accident involved a minor rear-end impact by a vehicle driven by defendant 2, with minimal damage to the vehicles. Following the first accident, plaintiff claimed soft tissue neck, back and hip injuries, and claimed aggravation of those injuries after the second accident. However, the statute of limitations with regard to the second accident had expired prior to service of the lawsuit on defendant 2, which resulted in the dismissal of the claims. Defendant1 admitted negligence, but contended that this accident caused minor injuries that resolved within two months. Jury returned a $2,500 verdict for plaintiff.
- Location: Clark County, Ohio
- Case Name and Docket Number: Edwards v. Harris, 11CV0583
Defendant Argues Plaintiff Disc Injury Pre-Existing
- Type of Injury: Back injury-Herniated cervical disc
- Type of Accident: Rear-end
- Award/Settlement Amount: $2,500
- Case Summary: Plaintiff alleged she was driving and had stopped for a red light when a vehicle operated by defendant struck the rear end of the plaintiff's vehicle. Plaintiff said he herniated a disc during the accident which resulted in a discectomy at C5-C6. Plaintiff filed a negligence claim against defendant. Defendant denied liability, asserting that plaintiff’s damages were pre-existing and were not caused by any negligence of the defendants. Before trial, defendant reportedly admitted he was negligent, leaving only the question of plaintiff’s damages for the jury. The case was submitted to a jury on the issue of damages only. The jury awarded plaintiff $2,500 in damages.
- Location: Cuyahoga County, Ohio
- Case Name and Docket Number: Mingus v. Monaco, 462562
Jury Awards Fraction of Plaintiff's Demand
- Type of Injury: General injuries to head, neck and back
- Type of Accident: Rear-end
- Award/Settlement Amount: $2,712
- Case Summary: Plaintiff alleged his vehicle was rear ended by defendant near an intersection. Plaintiff claimed he sustained head, back and neck injuries as a result of the accident. Plaintiff sued defendant, alleging the defendant was negligent in that he failed to maintain a safe distance between the two vehicles and did not pay proper attention to the traffic conditions. The plaintiff asserted that he incurred $2,576.28 in medical expenses and $136 in lost wages. He asked for damages in excess of $25,000. Defendant admitted the accident occurred but denied liability. Jury determined defendant was at fault for the accident and awarded the plaintiff $2,712.28 in damages.
- Location: Cuyahoga County, Ohio
- Case Name and Docket Number: Houston v. Moulagiannis, CV 04 524717
Jury Awards Less Than Prior Settlement Offer
- Type of Injury: Back injuries- lumbar strain and sprain; Chest contusion, right wrist and thoracic sprain
- Type of Accident: Side-impact
- Award/Settlement Amount: $3,500
- Case Summary: Plaintiff contended he was driving his car when a pickup truck driven by defendant pulled out of a driveway. Defendant was reportedly cited by police for failure to yield right-of-way from a private driveway. Plaintiff claimed he sustained a chest contusion, right wrist sprain, thoracic strain and sprain, lumbar strain and sprain. Plaintiff’s wife made a claim for loss of companionship. Defendant denied liability. Parties stipulated that defendant was negligent and his negligence was the sole cause of the accident. Defendant’s insurer offered $9,000 to settle the claim but plaintiffs refused, making a counter-demand of $18,000. Jury found in favor of plaintiff driver only for $3,500.
- Location: Mahoning County, Ohio
- Case Name and Docket Number: Algahmee v. Reid, 2007-CV-01091
Defendant Blames Plaintiff's Injuries on Prior Crash
- Type of Injury: Back injuries-Cervical/Lumbar Strain
- Type of Accident: Rear-end
- Award/Settlement Amount: $4,500
- Case Summary: Plaintiff claimed that her westbound vehicle was struck from the rear by the male defendant's vehicle as she stopped for traffic. Plaintiff alleged that she suffered cervical and lumbar strains as a result of the collision. Plaintiff sued defendant contending the defendant operated his vehicle in a negligent manner, failed to keep a proper lookout, and failed to maintain an assured clear distance. Defendant admitted liability but disputed the nature and extent of the plaintiff's injuries. Defendant contended that the plaintiff's injuries were unrelated to this accident since she had been in a motor vehicle accident approximately five weeks earlier and reported similar injuries. Parties later settled the case.
- Location: Hamilton County, Ohio
- Case Name and Docket Number: Moore v. Kelly, A-0101384
Jury Award for Muscle Spasms, Strains, and Sacroiliitis
- Type of Injury: Neck and back injuries
- Type of Accident: Rear-end
- Award/Settlement Amount: $4,500
- Case Summary: Three cars were traveling behind each other when plaintiff stopped for a red traffic light when the car behind him, driven by defendant rear ended his car. Plaintiff’s car consequently struck the car in front of him. Plaintiff complained of right-sided neck pain and right-sided low-back pain. Plaintiff was also diagnosed with right-sided cervical strain, right-sided lumbar strain (muscle spasm), occipital neuralgia and right-sided sacroiliitis. Plaintiff sued defendant, alleging defendant’s failure to maintain a safe distance caused the collision. Defendant agreed that the collision occurred, but denied Jury found for plaintiff in the amount of $4,500, and the Judge entered the judgment according to jury’s verdict.
- Location: Lake County, Ohio
- Case Name and Docket Number: Kwiecien v. Pizzino, 05-CV-00001
Combined Trial for Side-Impact and Rear-end Accidents
- Type of Injury: Injuries to neck, back, shoulder, hip and bladder
- Type of Accident: Rear-end
- Award/Settlement Amount: $4,575
- Case Summary: Plaintiff reportedly was involved in two motor vehicle accidents. The first occurred when defendant reportedly failed to yield the right of way at an intersection, crashing into Plaintiff’s vehicle. As a result of this accident, plaintiff said she sustained injuries to her neck, back, shoulder and hip. The second accident happened while plaintiff was eastbound near an intersection when co-defendant allegedly failed to maintain an assured clear distance and ran into the rear end of plaintiff’s vehicle. Plaintiff and her husband sued defendants for negligence driving. Defendants admitted to the accident, but maintained plaintiff was contributorily negligent. Jury found in favor of both plaintiffs on their claims against defendants awarding $9150
- Location: Clermont County
- Case Name and Docket Number: Henson v. K. Collins Plumbing, 2001 CVH 1168
Jury Deliberates for Two Hours Over Torn Labrum
- Type of Injury: Shoulder injury-a torn labrum in her right shoulder
- Type of Accident: Rear-end
- Award/Settlement Amount: $5,000
- Case Summary: Plaintiff and defendant were operating their respective vehicles on the same road and in same direction. While plaintiff stopped for a red light at intersection, his vehicle was rear-ended by Defendant. Defendant was cited for the accident. Plaintiff alleged she suffered a torn labrum in her right shoulder due to the force of the impact. Plaintiff's expert testified that plaintiff's torn labrum and subsequent shoulder surgery were causally related to the motor vehicle accident. Defendant admitted liability for the accident, but contended that plaintiff had pre existing problems in her right shoulder (spurring and degenerative arthritis). Defendant's expert testified that the motor vehicle accident aggravated plaintiff's condition, which necessitated the need for surgery. The case was heard by a jury who deliberated for 2 hours before awarding plaintiff $5,000.
- Location: Erie County, Ohio
- Case Name and Docket Number: Coffey v. Mautz, 2006-CV-487
Arm and Shoulder Award Despite Pre-Existing Osteoarthritis
- Type of Injury: Left shoulder and arm injuries
- Type of Accident: Side-impact
- Award/Settlement Amount: $5,004
- Case Summary: Plaintiff alleged she was driving in the eastbound lane when defendant’s car collided into her car at an intersection. Plaintiff claimed she suffered injury to her left arm and shoulder, aggravation of pre-existing spinal osteoarthritis, and soft tissue sprain and strain. Plaintiff argued the defendant's failure to yield caused the accident and the injuries that resulted from the collision. Defendant admitted there was a collision between the two cars, but she argued the plaintiff's negligence contributed to the cause of the injuries. Jury returned a plaintiff verdict, awarding her $2,230.01 for medical expenses; $1,174.20 for lost earnings; and $1,600.00 for pain, suffering and interference with daily living.
- Location: Franklin County, Ohio
- Case Name and Docket Number: Carroll v. Klug, 02CVC-10-12154
Plaintiff Delays Five Weeks Before Injury Treatment
- Type of Injury: Soft tissue neck and back strains
- Type of Accident: Side-impact
- Award/Settlement Amount: $5,400
- Case Summary: Plaintiff was operating her vehicle southbound on a city street. Defendant, who was operating his own vehicle, exited a parking lot and struck plaintiff's vehicle broadside. Plaintiff alleged defendant failed to keep a proper lookout, maintain control of his vehicle and yield to plaintiff's vehicle. Plaintiff claimed soft tissue neck and back injuries as a direct result of this accident. Defendant admitted negligence, but disputed the nature and extent of plaintiff's injuries. Defendant noted that plaintiff waited more than five weeks before seeking treatment. In response, plaintiff said she waited five weeks to start physical therapy because she was hoping the injuries would heal without it. A jury awarded $5,400 to plaintiff, including $4,000 for past medicals; $400 for past wage loss; and $1,000 for pain and suffering.
- Location: Lucas County, Ohio
- Case Name and Docket Number: Obliski v. Hardy, CI-2004-4876
Plaintiff Denies Having Injuries at Accident Scene
- Type of Injury: Back injuries-Cervical sprain/strain, thoracic sprain/strain, lumbar sprain/strain, muscle tension headaches and muscle spasms
- Type of Accident: Rear-end
- Award/Settlement Amount: $5,500
- Case Summary: Plaintiff allegedly drove her vehicle northbound when defendant rear ended her. Plaintiff allegedly sustained neck and back sprains, muscle spasms and tension headaches following the accident. Plaintiff sued defendant seeking damages in excess of $25,000 for personal injuries, property damage, medical care and treatment, emotional distress, pain and suffering. Defendant admitted to negligence in the accident but denied the extent of the plaintiff's alleged injuries. He asserted the plaintiff stopped suddenly and he was unable to avoid coming into contact with her vehicle. He further asserted the plaintiff denied injuries and observable property damage at the scene of the accident. Jury found in favor of plaintiff.
- Location: Cuyahoga County, Ohio
- Case Name and Docket Number: Bunch v. Delgadillo, CV03517227
Shock and Neck/Back Injuries in Head-On Crash
- Type of Injury: Injuries to neck and back; shock
- Type of Accident: Head-on
- Award/Settlement Amount: $5,500
- Case Summary: A motor vehicle accident occurred at an intersection between plaintiff’s southbound car and defendant’s northbound vehicle. According to plaintiff, defendant failed to yield the right of way at the intersection and attempted to make a left turn in front of plaintiff’s vehicle, causing a collision. Plaintiff reportedly sustained injuries to his neck and back, as well as shock to his nervous and physical systems. Plaintiff sued defendant for negligence. Defendant stipulated to negligence, leaving proximate cause and damages the only issues to be resolved at trial. Jury determined the defendant's negligence proximately caused of the accident and awarded plaintiff $5,500.
- Location: Cuyahoga County, Ohio
- Case Name and Docket Number: Cerveny v. Sarac, CV 05 551137
Speeding Motorist Liable for Back Strains and Wrist Injury
- Type of Injury: Back injury-Cervical/Lumbar Strain; Wrist strain and Navicular Fracture
- Type of Accident: Rear-end
- Award/Settlement Amount: $6,367
- Case Summary: Plaintiff reportedly was driving in the second lane from the right when he stopped for traffic near the merge when defendant rear-ended his vehicle. Plaintiff claimed he sustained strains to his neck, back and wrist, occult navicular fracture, and aggravation of his pre-existing back condition as a result of the collision. Plaintiff filed a lawsuit against defendant, alleging defendant was negligent in failing to maintain a safe distance, traveling at an excessive speed, and failed to stop to avoid the collision. The defendant stipulated to negligence but disputed the cause, nature, and extent of the plaintiff's alleged injuries. A jury returned a verdict for plaintiff.
- Location: Cuyahoga County, Ohio
- Case Name and Docket Number: Passe v. Uncapher, CV-2011-745374
Plaintiff Award Despite Defendant Disputing Injuries
- Type of Injury: Neck, back, shoulder, arm and leg injuries
- Type of Accident: Rear-end
- Award/Settlement Amount: $7,952
- Case Summary: Plaintiff alleged that defendant failed to maintain an assured clear distance between her vehicle and plaintiff’s vehicle, causing a rear end collision. Plaintiff reportedly sustained injuries to her neck, back, shoulders, arms and legs. Plaintiff filed a negligence lawsuit against defendant. Defendant admitted an accident occurred between her vehicle and the plaintiff's but denied responsibility. She argued independent/intervening conditions caused the accident and the plaintiff's injuries, if any, resulted from a pre-existing condition. The case went before the jury. The jury members found defendant at fault for the accident and ordered her to pay plaintiff $7,951.75 in damages.
- Location: Franklin County, Ohio
- Case Name and Docket Number: Thompson v. Harms, 03CVC03-3254
Arbitration Award for Compensatory Damages
- Type of Injury: Back injuries-Cervical/Lumbar strain
- Type of Accident: Rear-end
- Award/Settlement Amount: $8,487
- Case Summary: Defendant allegedly collided with the rear-end of the car in which plaintiff was a passenger. Plaintiff allegedly suffered cervical and lumbar strains as a result of the accident. Plaintiff filed a lawsuit against defendant, asserting defendant’s failure to maintain an adequate distance from the plaintiff's car was the cause of the incident. Defendant admitted she was involved in the accident, but she denied all other allegations. The case was ordered to arbitration. The arbitrator found in favor of the plaintiff and awarded him $1,549.13 for chiropractic care and $2,350 for MRI bills. Additionally, plaintiff was entitled to $3,588 for lost wages and $1,000 for pain and suffering.
- Location: Montgomery County, Ohio
- Case Name and Docket Number: Sparks v. Krebbs, 733133
Defendant Argues Contributory Fault for Whiplash Injuries
- Type of Injury: Soft tissue/whiplash injuries to neck, mid back and low back
- Type of Accident: Side-impact
- Award/Settlement Amount: $8,750
- Case Summary: Plaintiff alleged that he was driving eastbound when defendant attempted to merge from the curbside lane into the center lane and struck Plaintiff’s vehicle in the process. Plaintiff reportedly sustained soft tissue injuries to his neck and back for which he underwent 24 chiropractic sessions as result of the accident. Plaintiff filed a negligence lawsuit against defendant alleging that defendant failed to observe the plaintiff and improperly changed lanes. Defendant denied negligence allegations and maintained the plaintiff's contributory negligence was greater than his alleged negligence and therefore barred any recovery. Jury found in favor of the plaintiff. Judge entered judgment accordingly and assessed the defendant with costs.
- Location: Lake County, Ohio
- Case Name and Docket Number: Milkovich v. McGorty, 04CV000654
Jury Award to Plaintiff for Two Different Accidents
- Type of Injury: Back injuries-Cervical/Lumbar Strain; Shoulder strain; Hip injury-non-fracture; Bladder contusion
- Type of Accident: Rear-end
- Award/Settlement Amount: $9,150
- Case Summary: Plaintiff claimed she was involved in two motor vehicle accidents. In the first accident, plaintiff's northbound vehicle was struck broadside by the female co-defendant's westbound vehicle at an intersection. Plaintiff alleged she suffered a bladder contusion, with cervical, lumbar, shoulder and hip strains. In the second accident, plaintiff's vehicle was struck from the rear by the female third-named defendant's vehicle near an intersection. Plaintiff sued defendants and contended that the defendant drivers operated the vehicles in a negligent manner, failed to keep a proper lookout, and failed to maintain control of the vehicles. The defendants denied liability and disputed the extent of the plaintiff's injuries. Jury found for plaintiff.
- Location: Clermont County, Ohio
- Case Name and Docket Number: Henson v. Collins Plumbing, 2001 CVH 1168
Defendant Disputes Concussion, Back and Shoulder Strain
- Type of Injury: Head injury-Concussion; Shoulder strain; Back injuries-cervical/lumbar strains
- Type of Accident: Rear-end
- Award/Settlement Amount: $9,720
- Case Summary: Plaintiff alleged he was involved in two separate motor vehicle accidents. In the first accident, the plaintiff's vehicle was struck from the rear by the male defendant's vehicle. Plaintiff alleged he suffered a mild concussion that resulted in Meniere's disease and cervical, thoracic, lumbar and shoulder strains. In the second accident, the plaintiff's vehicle was struck from the rear by the male co-defendant's vehicle while the plaintiff was stopped in traffic. Plaintiff sued defendants contending defendants operated their vehicles in a negligent manner and failed to maintain an assured clear distance. Defendants admitted liability but disputed the nature and extent of the plaintiff's injuries. Jury returned a plaintiff verdict.
- Location: Muskingum County, Ohio
- Case Name and Docket Number: Kay v. Price, CC2009-0037
Moderate Injury Case Examples
Moderate car accident injuries include more extensive soft-tissue injuries, uncomplicated fractures, whiplash injuries, and slipped or herniated discs. Recovery may take weeks or months, and the victim may be out of work during recovery, depending on the physical demands of their job.
Passenger and Husband Sue for Disc Herniation
- Type of Injury: Back injuries-Cervical disc herniation
- Type of Accident: Rear-end
- Award/Settlement Amount: $10,000
- Case Summary: Plaintiff claimed she rode as a passenger in a vehicle when defendant allegedly operated her vehicle in a negligent manner and drove into the vehicle plaintiff occupied. Plaintiff reportedly sustained a herniated disc as a result of the impact. Plaintiff and her husband sued defendant, claiming bodily injuries, pain and suffering, permanent injury, medical expenses in excess of $10,000, future medical expenses and loss of companionship. Defendant admitted the accident occurred, but denied she was the cause. She asserted the plaintiffs' failed to state a claim upon which relief could be granted and failed to mitigate their damages. Jury found in favor of plaintiff in the amount of $10,000.
- Location: Cuyahoga County, Ohio
- Case Name and Docket Number: Cerny v. Centeno, CV-03-513014
Plaintiff's Husband Claims Loss of Consortium
Type of Injury: Thoracic injury-Muscle spasms and thoracic outlet syndrome
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff alleged that she was involved in a motor vehicle accident when defendant operated his vehicle in a negligent manner and collided into her vehicle. Plaintiff allegedly suffered Muscle spasms and thoracic outlet syndrome. Plaintiff sued defendant claiming she sustained injuries and medical expenses in excess of $25,000. Plaintiff’s husband joined the suit claiming loss of spousal and parental consortium. Defendant admitted an accident occurred, but denied all other allegations. Jury returned its verdict in favor of plaintiff. Plaintiff filed a motion for new trial asserting she gave undisputed testimony as to her post-accident pain and suffering and jury failed to award her accordingly. Judge overruled plaintiff’s motion.
Location: Montgomery County, Ohio
Case Name and Docket Number: Fife v. Bond, 2004 CV 6941
Defendant Blames Prior Rollover Crash for Plaintiff's Injuries
Type of Injury: Back injuries-Cervical/Lumbar Strain
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff claimed that the work truck that he operated, designed to clean out portable toilets, was struck from the rear by a vehicle operated by the male defendant on a public roadway. Plaintiff contended that he suffered cervical and lumbar strains as a result of the collision. Plaintiff filed a complaint against defendant, asserting that the defendant operated the vehicle in a negligent manner, failed to keep a proper lookout, and failed to maintain an assured clear distance. Defendant admitted liability but disputed the plaintiff’s injuries and contended that the plaintiff was in an earlier motor vehicle accident in which his vehicle overturned. Jury found for plaintiff.
Location: Delaware County, Ohio
Case Name and Docket Number: Hooper v. Raymond, 90712
Plaintiff Gets Higher Back Injury Award After Appeal
Type of Injury: Soft tissue injuries to back
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff and defendant reportedly were traveling westbound when traffic up ahead came to an abrupt stop and defendant was unable to stop his vehicle in time to prevent a collision with the rear of plaintiff’s vehicle. Plaintiff claimed she sustained soft tissue injuries to her back. Plaintiff sued defendant for negligence. Defendant denied the plaintiff’s claims, contending plaintiff’s damages, if any, were caused by an intervening and/or superseding cause over which he had no control. The matter went to arbitration and the panel found in favor of the plaintiff and awarded her $3,000. Plaintiff appealed the arbitrators’ decision. Jury found in favor of plaintiff and awarded her $10,000.
Location: Cuyahoga County, Ohio
Case Name and Docket Number: Terry v. Kovar, 457913
Crash Aggravates Pre-Existing Degenerative Disc Disease
Type of Injury: Soft tissue cervical (neck) strain with contusions; aggravation of preexisting degenerative disc disease
Type of Accident: Rear-end
Award/Settlement Amount: $10,700
Case Summary: Plaintiff was driving her vehicle. She came to a stop and was rear-ended by a vehicle driven by Defendant. The impact forced plaintiff’s vehicle into the rear of the car in front of her. Defendant admitted liability for causing the accident and the case proceeded on the issues of causation and damages. Plaintiff alleged she sustained new soft tissue neck strain with contusions as well as aggravation of preexisting degenerative disc disease, as a direct result of this accident. Defendant contended that this minor accident did not cause any significant injury. Defendant acknowledged that plaintiff may have sustained a soft tissue neck sprain, but argued that she should have recovered within several weeks of the accident. Defendant maintained that other continuing symptoms or complaints were related to her prior degenerative condition. Jury returned a $10,700 verdict for plaintiff.
Location: Union County, Ohio
Case Name and Docket Number: Davis v. Carvalho, 09CV0270
Left-Turning Driver Liable for Knee Contusion and Tendonitis
Type of Injury: Knee injury-Left patellar contusion and patellar tendonitis
Type of Accident: Side-impact
Award/Settlement Amount: $10,900
Case Summary: Plaintiff was operating his vehicle north on his way to work. Defendant was operating his own vehicle westbound toward the same road on which plaintiff was traveling. As defendant reached the intersection, he made a left turn in front of plaintiff’s oncoming vehicle and caused a broadside collision. Plaintiff alleged that defendant failed to stop at a red light and did not yield when he turned left at the intersection. Plaintiff alleged that he suffered a severe kneecap injury from smashing his left knee into the dashboard. Defendant admitted fault for the accident at trial, but claimed plaintiff failed to mitigate his damages. Jury awarded plaintiff awarded $10,900.
Location: Franklin County, Ohio
Case Name and Docket Number: Hiles v. Harper, 05-CVC-08-9204
Jury Verdict After Defendant Admits Fault for Collision
Type of Injury: Neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $12,000
Case Summary: Plaintiff’s vehicle was reportedly rear-ended by a vehicle driven by defendant. Plaintiff reported that he injured his neck and back in the collision. Plaintiff filed a lawsuit against defendant, accusing the defendant of negligence and causing the plaintiff’s physical pain, suffering and disability. Plaintiff also asked for reimbursement for medical expenses and lost wages. The defendant admitted to a collision with the plaintiff’s car, but he denied all other allegations made in the complaint. He later stated in a trial brief he intended to admit negligence in causing the accident. A jury returned a verdict in favor of the plaintiff and awarded him $12,000 for his damages.
Location: Cuyahoga County, Ohio
Case Name and Docket Number: Stuart v. Carpenter, CV-03-492545
Plaintiff Injured in Two Unrelated Rear-End Crashes
Type of Injury: Neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $14,354
Case Summary: Plaintiff’s vehicle was allegedly rear-ended by defendant. Plaintiff allegedly sustained injuries to her neck and back. Plaintiff reportedly was involved in another rear-end collision two months later with co-defendant. The second accident caused plaintiff to sustain aggravation of injuries sustained in the initial accident. Plaintiff was still receiving treatment when four months later, while a passenger in her father’s vehicle, the third named defendant’s vehicle allegedly rear-ended their vehicle. This third collision allegedly caused further aggravation of her prior injuries. Plaintiff sued defendants for negligence. Defendants denied liability. Jury returned a verdict against the three defendants and in favor of plaintiff in the amount of $14,354.25.
Location: Cuyahoga County, Ohio
Case Name and Docket Number: Westervelt v. Hoza, 463918
Victim's Wife Claims Loss of Consortium After Broadside Collision
Type of Injury: Soft tissue neck and back injuries; upper and lower body contusions
Type of Accident: Side-impact
Award/Settlement Amount: $16,000
Case Summary: Plaintiff was driving his vehicle. Defendant was exiting a gas station and struck plaintiff’s passing vehicle broadside. Defendant admitted liability for causing the accident. The case proceeded to trial on the issue of damages only. Plaintiff alleged that he sustained significant soft tissue neck and back injuries, as well as upper and lower body contusions as a direct result of this accident. Plaintiff’s wife sought damages for loss of consortium. Defendant argued that plaintiff recovered from his injuries and disputed the extent of his damage claim. The jury returned a verdict in favor of plaintiff for $16,000.
Location: Franklin County, Ohio
Case Name and Docket Number: Catalogna v. Brown, 2003CVC01-890
Pedestrian Suffers Herniated Disc, Head and Arm Injuries
Type of Injury: Back injuries-herniation of C4-5; head and left arm injuries; aggravation of pre-existing clinical depression
Type of Accident: Pedestrian
Award/Settlement Amount: $18,000
Case Summary: Plaintiff claimed she visited a store when defendant allegedly drove his vehicle into the store, causing debris to fall onto plaintiff, thus knocking her to the ground. Plaintiff reportedly sustained a herniated disc in her neck and subsequently underwent aggravation of pre-existing clinical depression. Plaintiff sued defendant’s estate, alleging defendant’s negligent driving caused her injuries, which she believed to be permanent in nature. Defendant’s legal representative admitted defendant drove his vehicle into the store but denied plaintiff sustained injuries from the accident, asserting her negligence wholly or partially caused her alleged injuries. Jury found for plaintiff, awarding her $18,000 in compensatory damages.
Location: Cuyahoga County, Ohio
Case Name and Docket Number: Homan v. Bakos, 529654
Plaintiff Claims Lifelong Disability and Pain
Type of Injury: Neck injury-a herniated cervical disc at C6-C7; lower back strain; carpal tunnel syndrome in the left wrist
Type of Accident: Rear-end
Award/Settlement Amount: $20,000
Case Summary: Plaintiff was operating a vehicle. While stopped at an intersection controlled by traffic light, her automobile was rear-ended by a vehicle driven by Defendant. Defendant admitted liability. Plaintiff alleged she sustained a herniated cervical disc at C6-C7, lower back strain, carpal tunnel syndrome in the left wrist and ongoing problems with all of these areas of the body. She claimed disability and pain for the rest of her life. Plaintiff’s medical experts opined that all of plaintiff’s injuries, problems and disabilities were due to this motor vehicle accident. Defendant contended that, at worst, plaintiff only sustained a minor soft tissue injury that should have resolved in six to eight weeks. Defendant also contended the bulk of plaintiff’s treatment was unnecessary and not related to the auto crash. Plaintiff ultimately agreed to settle her claims for $20,000.
Location: Lorain County, Ohio
Case Name and Docket Number: Sturgeon v. Livingston, 05CV144642
Elderly Plaintiff Injured in Broadside Collision
Type of Injury: Soft tissue cervical, lumbar and hip injuries
Type of Accident: Side-impact
Award/Settlement Amount: $20,000
Case Summary: Plaintiff, 70, was driving her vehicle. Upon entering an intersection, her vehicle was struck broadside by a vehicle driven by defendant. The impact of the collision caused plaintiff’s vehicle to overturn. Plaintiff alleged that defendant failed to yield the right-of-way and failed to keep a proper lookout. Defendant admitted liability for the accident. Plaintiff was treated for a rotator cuff tear, for which reverse shoulder replacement surgery was required. She also claimed soft tissue cervical, lumbar and hip injuries. Defendant contended that the plaintiff’s shoulder injury and surgery were unrelated to this accident. Defendant also disputed the nature and extent of other injuries. The jury found that the plaintiff’s shoulder injury was not related and the accident and awarded her damages for soft tissue injuries/treatment only. The jury award was $20,000.
Location: Auglaize County, Ohio
Case Name and Docket Number: Neuman v. Harbur, 2011 CV 0271
Teen Passenger Sues for Past and Future Disability
Type of Injury: Injuries to back, neck, head and shoulders
Type of Accident: Rear-end
Award/Settlement Amount: $22,610
Case Summary: Plaintiff reportedly was fifteen-years-old when the vehicle she was riding in was rear-ended by a car driven by defendant. Plaintiff filed a complaint against defendant, alleging defendant’s negligent driving caused the accident in which she sustained injuries to her back, neck, head, and shoulders; past and future disability; more than $28,000 in medical expenses; future medical expenses; lost earning capacity; and lost enjoyment of life. Defendant denied negligence, asserting affirmative defenses of contributory negligence, assumption of risk and failure to mitigate damages. A jury returned a verdict, finding the plaintiff sustained injuries as a direct and proximate result of the motor vehicle accident in the amount of $22,610.07
Location: Franklin County, Ohio
Case Name and Docket Number: Santino v. Lucente, 06-CVC-16795
Drunk and Drugged Driver Liable for Head-On Collision
Type of Injury: Back Injuries- Injuries to Thoracic and lumbar spine; Other- wrists injury
Type of Accident: Head-on
Award/Settlement Amount: $24,500
Case Summary: Plaintiff alleged he drove car when defendant struck him head-on. The airbags in Plaintiff’s car deployed causing injuries to his thoracic and lumbar spine and wrists. Plaintiff and his wife filed a lawsuit against defendant, alleging defendant’s driving was careless and negligent, in part because he was operating his vehicle under the influence of alcohol and/or drugs. Plaintiff’s wife claimed her loss of consortium. Defendant denied liability. However, in his pre-trial statement, the defendant admitted the collision occurred, but disputed the nature and extent of the plaintiffs’ injuries. Jury returned a verdict in favor of plaintiff driver only and awarded him $24,500 in compensatory damages.
Location: Warren County, Ohio
Case Name and Docket Number: LaCombe v. Ramstetter, 04CV62636
Victim Suffers Back and Wrist Injuries From Two Accidents
Type of Injury: Back injuries-Cervical/Lumbar Strain, Herniated Disc and Headaches; Aggravated Wrist Injury; Carpal Tunnel Syndrome
Type of Accident: Rear-end
Award/Settlement Amount: $25,000
Case Summary: Plaintiff claimed that she was involved in two separate motor vehicle accidents. In the first accident, the plaintiff’s vehicle was struck from the rear by defendant’s vehicle as she slowed for traffic. In the second accident, the plaintiff’s vehicle was struck from the rear by co-defendant’s vehicle. Plaintiff alleged she suffered carpal tunnel syndrome that required surgery, a disc herniation, headaches, cervical and lumbar strains, and an aggravation of a pre-existing wrist injury. Plaintiff sued defendants, contending defendant drivers operated their vehicles in a negligent manner. Defendants admitted liability but disputed the nature and extent of the plaintiff’s injuries. Jury returned a plaintiff verdict.
Location: Hamilton County, Ohio
Case Name and Docket Number: Collins v. Hershedy, A9903939
Passenger Wins Award for Discectomy Fusion Surgery
Type of Injury: Soft tissue neck and back injuries; aggravation of preexisting injury back injury at L5-S1 level
Type of Accident: Rear-end
Award/Settlement Amount: $27,768
Case Summary: Plaintiff was a passenger in a pickup truck driven by her fiance. They were stopped at a red light when they were rear-ended by a vehicle driven by Defendant. Plaintiff, a nurse, alleged she presented for medical care seven days post-accident with complaints of soft tissue back and neck injuries and was prescribed physical therapy. Plaintiff voluntarily quit the physical therapy and then sought treatment with a neurologist. She ultimately underwent a discectomy/fusion surgery at L5-S1. Plaintiff acknowledged pre existing neck and back complaints, but argued that her injuries and the ultimate surgery were the direct result of this accident. Defendant admitted that she struck plaintiff’s vehicle, but claimed there were no claims of injury at the scene. Defendant argued that plaintiff’s surgery was unrelated to the accident. Jury returned a $27,768 verdict for plaintiff.
Location: Lucas County, Ohio
Case Name and Docket Number: Wells-Cole v. Escobar, CI04-4830
Jury Award for Plaintiff After Defendant Arbitration Appeal
Type of Injury: Head, back and scarring injuries
Type of Accident: Rear-end
Award/Settlement Amount: $30,000
Case Summary: Plaintiff alleged he drove his car near an intersection when defendant struck her from the rear. Plaintiff claimed she sustained injuries to her neck and back. Plaintiff sued defendant, arguing the defendant’s failure to yield the right of way constituted negligence. Plaintiff sought damages for her injuries, medical expenses including prescription and medication costs, property damage, and loss of income. Defendant denied negligence. He argued the plaintiff drove in an unlawful manner, and was therefore comparatively negligent for her injuries and damages. The case was heard by an arbitrator who found in favor of Defendant. Plaintiff appealed. Jury found in favor of plaintiff and awarded her $30,000.00 for damages.
Location: Cuyahoga County, Ohio
Case Name and Docket Number: Baker v. Parker, 444785
Awards to Husband and Wife Injured in Intersection Crash
Type of Injury: Chest injuries-pain, difficulty breathing, dizziness, chest contusion, fractured sternum, fractured fifth rib; sprains/strains in neck, lower and upper back; right arm numbness; bruising and swelling in foot; foot fracture
Type of Accident: Side-impact
Award/Settlement Amount: $30,000
Case Summary: Plaintiff allegedly drove his vehicle with his wife as a passenger when defendant allegedly failed yield the right of way at a stop sign, causing a front-end collision. Plaintiff allegedly struck his chest against the steering wheel, resulting in a large contusion across his chest, difficulty breathing, dizziness and pain in his neck and back, a fractured sternum and rib. Passenger reportedly sustained neck pain and swelling in her right foot and ankle. Plaintiffs sued defendant for negligence. Defendant admitted being negligent. The case proceeded on the issues of injuries and damages. Jury returned a verdict in favor of the plaintiffs, awarding plaintiff $30,000 and his wife $5,500.
Location: Cuyahoga County, Ohio
Case Name and Docket Number: King v. McIntyre, 535961
Jury Awards to Injured Driver, Passenger, Spouses
Type of Injury: Leg injury-Fractured left tibia and fibula, left elbow contusion and abrasion, left knee contusion, sprain, abrasion ecchymosis and effusion, right ankle sprain, left ankle sprain, anterior cruciate ligament tear, avulsion injury to tibial spine of left ankle; fractured distal radius of right wrist; cervical spine injury, compression and irritation to nerve roots at C4-5, C5-6 and C6-7 of the neck
Type of Accident: Side-impact
Award/Settlement Amount: $31,000
Case Summary: Plaintiff reportedly was driving his vehicle while his sister-in-law rode as a passenger in the back seat. Defendant reportedly failed to yield the right of way at an intersection and proceeded to collide into Plaintiff’s vehicle. Plaintiff driver and the and the passenger allegedly sustained injuries including Fractured left tibia and fibula, left elbow contusion and abrasion and left knee contusion. Plaintiffs and their spouses filed a negligence lawsuit against defendants. Defendants denied allegations of negligence. Jury determined defendants were at fault and awarded Plaintiff driver $25,000 in damages, his wife $1,000 for consortium loss, Passenger $30,000 in damages and her husband $1,000 for his loss of consortium claim.
Location: Cuyahoga County, Ohio
Case Name and Docket Number: Plaga v. Myeress, CV 04 549205
Passenger with Fractures Ribs, Punctured Lung, Torso Burns
Type of Injury: Neck and back injuries; rib fractures, lung puncture, wrist injury, chest and stomach burns, leg lacerations and broken collarbone
Type of Accident: Single Vehicle
Award/Settlement Amount: $43,564
Case Summary: Plaintiffs reportedly were passengers in a car operated by defendant when the vehicle went off the road, through tall grass, down a ditch and into a cement culvert. Plaintiff 1 reportedly sustained neck and back injuries, rib fractures, lung puncture, wrist injury, chest and stomach burns and inability to perform usual functions. Plaintiff 2 reportedly sustained leg lacerations and broken collarbone. Plaintiff’s parents filed a complaint against defendant and his mother. Plaintiffs alleged defendant’s negligent driving and his mother’s negligent entrustment were direct causes of the accident. Defendants denied negligence. Jury returned verdicts for plaintiffs, awarding plaintiff 1 $43,563.71 and Plaintiff 2 $8,285.60.
Location: Clermont County, Ohio
Case Name and Docket Number: Curran v. Busch, 2006-CVH-01768
Severe Injury Case Examples
Severe crash injuries are often life-changing, leaving the victim with permanent residual effects. Severe injuries include complicated fractures, extensive facial injuries, traumatic brain injuries, and spinal cord damage. Severe injury victims may not be able to return to their pre-accident work or personal activities.
Multiple Rib Fractures Caused by Reversing Driver
Type of Injury: Multiple Rib Fractures
Type of Accident: Rear-end
Award/Settlement Amount: $44,491
Case Summary: Plaintiff claimed that his vehicle was struck in the front by a vehicle operated by defendant. Plaintiff reportedly suffered three fractured ribs as a result of the collision. Plaintiff filed a complaint against defendant. The plaintiff contended the defendant suddenly placed her vehicle in reverse without any warning to other motorists. The defendant denied liability and contended the collision was a minor motor vehicle accident that occurred when the defendant, intending to turn left from the parking lot exit, had to suddenly stop when another vehicle suddenly appeared on the main road. A jury returned a verdict in favor of the plaintiff in the amount of $44,491.60.
Location: Summit County, Ohio
Case Name and Docket Number: Lockett v. Wellington, CV-2014-09-4188
Pedestrian Hit By Car Suffers Foot and Leg Injuries
Type of Injury: Injury to right foot and leg
Type of Accident: Pedestrian
Award/Settlement Amount: $50,000
Case Summary: An accident reportedly occurred between a motor vehicle and a minor pedestrian. Plaintiff reportedly sustained injuries to his right leg and foot. Plaintiff through his father, sued defendant, asserting plaintiff sustained medical expenses of approximately $30,000, pain, discomfort, emotional distress and loss of future earning capacity. Defendant admitted an accident occurred between her vehicle and the minor but denied negligence and fault in the matter. Jury returned a plaintiff verdict. The jury further determined the minor was also negligent and assigned him 20% liability. The parties stipulated to damages of $50,000 prior to trial, which Judge reduced to $40,000 based on fault apportionment, plus legal interest and court costs.
Location: Franklin County, Ohio
Case Name and Docket Number: Lamptey v. Bah, 03cv09-10035
Parents and Children Injured in Side-Impact Collision
Type of Injury: Back, neck, spine, eyes, hips, arms and knees injuries
Type of Accident: Side-impact
Award/Settlement Amount: $50,000
Case Summary: Plaintiff drove her car, with her husband and two minor children, as passengers. A collision allegedly occurred between plaintiff’s car and defendant’s car when the defendant’s vehicle allegedly attempted to make a left turn and drove into the plaintiff’s vehicle. Plaintiff’s wife reportedly sustained injuries to her back, spine, eyes, left hip and right knee, while Plaintiff suffered injuries to his face, neck, right arm and leg. Their children also allegedly received injuries to their faces and hips. Plaintiffs filed a lawsuit against defendant for negligence. Defendants denied liability. Jury found in favor of plaintiffs in the amount of $200,000.
Location: Summit County, Ohio
Case Name and Docket Number: Beeman v. Kenner, CV-2003-12-7445
Husband and Wife Injured by Red-Light Runner
Type of Injury: Injuries to neck, back, arms, legs and head
Type of Accident: Side-impact
Award/Settlement Amount: $51,208
Case Summary: Plaintiff drove his car with his wife as a passenger when defendant allegedly operated her vehicle in a negligent manner by failing to stop for a red light and drove into his car. Plaintiff stated he sustained injuries to his neck, back and arms, while his wife allegedly injured her head, neck, back and legs. Plaintiffs sued defendant. Defendant admitted she had an accident involving the plaintiffs, but denied the extent of their injuries and damages. According to the defendant, plaintiff’s wife’s condition pre-dated the accident and stemmed from her overall physical condition. Jury rendered their verdict in favor of the plaintiffs, awarding them $102,416.79.
Location: Cuyahoga County, Ohio
Case Name and Docket Number: Dowdell v. Gray, 490504
Crash Verdict for Passenger with Head, Hip, and Jaw Injuries
Type of Injury: Injuries to head, hip and jaw
Type of Accident: Side-impact
Award/Settlement Amount: $53,103
Case Summary: Plaintiff alleged she was a passenger when the vehicle she rode in was involved a motor vehicle accident. Plaintiff claimed injuries to her head, hip and jaw, in addition to other unspecified injuries as a result of the accident. Plaintiff sued defendant driver for negligence, alleging that defendant’s negligence was the direct and proximate cause of her injuries. Defendant admitted that she was driving a vehicle involved in an accident with other vehicles, but denied that she was the direct and proximate cause of plaintiff’s injuries. Prior to trial, defendant admitted she was negligent. Jury returned a verdict for plaintiff, awarding her $53,103.20 in damages.
Location: Summit County, Ohio
Case Name and Docket Number: Brinson v. Baker, 2003-10-6262
Victim T-Boned by Truck with Multiple Injuries to Back, Body, Limbs
Type of Injury: Injuries to spine, abdomen, chest, shoulders, limbs, wrists, right ankle and left knee
Type of Accident: Side-impact
Award/Settlement Amount: $58,828
Case Summary: Plaintiff alleged she was driving when defendant, operating a Ford Truck failed to stop at the stop sign and crashed into plaintiff’s car. Plaintiff claimed she sustained injuries to spine, abdomen, chest, shoulders, limbs, wrists, right ankle, left knee and loss of employment income. Plaintiff sued defendant driver and owner of the Truck for negligence in failing to yield the right of way, among other things. The defendants raised various affirmative defenses to plaintiff’s claims, including contributory negligence, and failure to mitigate damages. The case went to trial and a jury returned a verdict for plaintiff, awarding her $58,827.84 in damages.
Location: Hamilton County, Ohio
Case Name and Docket Number: Mason v. P-D Midwest Transport, A0105647
Head-On Crash Victim with Permanent Impairment
Type of Injury: Back injury-Low-back pain; right-arm pain; right-ankle strain; right thumb strain
Type of Accident: Head-on
Award/Settlement Amount: $65,000
Case Summary: Plaintiff and defendant reportedly were driving in opposite directions when defendant’s car crossed the median and struck two cars, one of which was Plaintiff’s. Plaintiff sued defendant claiming that the defendant’s negligent driving resulted in plaintiff sustaining serious and permanent injuries, and loss of income which resulted in her withdrawing for one semester from the University. A certified chiropractic physician who treated plaintiff for her injuries, testified that she sustained a five-percent permanent residual physical impairment due to the accident. The defendant questioned the nature, extent and permanency of the plaintiff’s injuries. The jury rendered a verdict in favor of the plaintiff in the amount of $65,000.
Location: Hamilton County, Ohio
Case Name and Docket Number: Barnard v. Meirose, A-05-06722
Plaintiff Settles Injury Claim with Red-Light Runner
Type of Injury: Shoulder injury-Torn rotator cuff
Type of Accident: Side-impact
Award/Settlement Amount: $75,000
Case Summary: Plaintiff was operating her vehicle on a city street when she was involved in a broadside collision with defendant’s vehicle at an intersection controlled by a traffic signal. The parties disputed the facts surrounding the incident and which party had the right-of-way at the intersection. The collision occurred during the day. Plaintiff claimed that defendant ran a red light at the intersection and failed to yield to her vehicle. Plaintiff alleged that she suffered a torn rotator cuff which required surgery as a direct result of the collision. Defendant contended that the broadside collision occurred because plaintiff had run a red light at the intersection. This case settled one week prior to trial for $75,000. Per plaintiff’s counsel, the case was impacted by the fact that plaintiff had no prior medical history.
Location: Hamilton County, Ohio
Case Name and Docket Number: Kenner v. Horel, A-0105507
Truck Driver Liable for Severe Injuries to Couple
Type of Accident: Side-impact
Award/Settlement Amount: $90,573
Case Summary: Plaintiff reportedly drove his vehicle while his wife rode along as a passenger. As they came to a stop for the traffic signal at an intersection, defendant in a truck owned by co-defendant allegedly made a sudden left turn, causing the two vehicles to collide. Plaintiff said he sustained a cervical strain and sprain, causing headaches. Passenger reportedly suffered from bruises, rib, right wrist and finger fractures. Plaintiffs sued defendants. Defendants admitted an accident occurred, but argued plaintiff was comparatively negligent. Jurors found in favor of plaintiffs. Plaintiff received $13,598.50 for medical expenses, pain and suffering. The passenger received $90,573.25 for medical expenses, past and future pain and suffering.
Location: Mahoning County, Ohio
Case Name and Docket Number: Foley v. Zoresco Storage, 02 CV 3165
Plaintiff Rear-Ended by Dump Truck Shared Fault for Crash
Type of Injury: Head, neck, chest, back and other body parts injuries
Type of Accident: Rear-end
Award/Settlement Amount: $95,000
Case Summary: A dump truck owned by defendant allegedly rear-ended plaintiff’s vehicle. The plaintiff alleged sustaining injuries to her head, neck, chest, back and other body parts; pain and suffering’ disability; medical expenses; an expected $50,000 in future medical expenses; past and future lost income; $20,000 in miscellaneous expenses; and lost enjoyment of life. The defendant contested the extent of the plaintiff’s injuries and alleged she had undergone a cervical fusion after a prior motor vehicle accident left her with ongoing back pain. Jury returned a verdict for the plaintiff. The panel determined plaintiff was 40% negligent and the defendant was 60% negligent. The jury awarded Plaintiff $95,000.
Location: Cuyahoga County, Ohio
Case Name and Docket Number: Naysmith v. Ramos Trucking, CV-06-593107
Plaintiff Settles Disputed Side-Impact Collision Case
Type of Injury: Back injuries-cervical disc herniation and shoulder strain
Type of Accident: Side-impact
Award/Settlement Amount: $100,000
Case Summary: Plaintiff reportedly was involved in a motor vehicle accident at an intersection when defendant allegedly failed to yield the right of way, causing a collision. Plaintiff claimed that she suffered a cervical disc herniation and a shoulder strain as a result of the accident. Plaintiff filed a negligence claim against the defendant, contending that the defendant failed to maintain proper control of his vehicle and driving too fast in the traffic conditions. The defendant denied liability, disputed the plaintiff’s injuries, and contended that they were unrelated to this accident. The defendant further contended that the plaintiff was comparatively negligent. Parties reached settlement before jury trial.
Location: Franklin County, Ohio
Case Name and Docket Number: Phillips v. Shaffer, 07-CV-815
Teen Victim with Closed Head Injury and Disc Herniations
Type of Injury: Back injury-disc herniation at L4 and L6; Closed head injury; concussion
Type of Accident: Side-impact
Award/Settlement Amount: $125,000
Case Summary: Plaintiff, a minor driver, reportedly was involved in a motor vehicle accident that occurred at an intersection. Plaintiff allegedly was driving northbound toward an intersection, and the stop sign for northbound traffic was allegedly obstructed by foliage, resulting in a collision. Plaintiff allegedly suffered a concussion, closed head injury as well as herniated discs at L-4 and L6. Plaintiff’s parents, individually and on her behalf, filed a complaint against defendant, alleging defendant was negligent when it failed to ensure the stop sign was visible. The defendant denied the allegations and offered defenses of immunity, contributory negligence and assumption of the risk. The matter was resolved via a settlement.
Location: Lake County, Ohio
Case Name and Docket Number: Nicholson v. Ohio DOT, 2017-00135
Plaintiff with Back Injuries from Two Rear-End Collisions
Type of Injury: Back injuries-Herniated Disc, Lumbar Strain and headaches
Type of Accident: Rear-end
Award/Settlement Amount: $132,500
Case Summary: Plaintiff claimed she was involved in two motor vehicle accidents. In the first accident, plaintiff’s vehicle was struck from the rear by the female defendant’s vehicle as the plaintiff slowed for traffic. Plaintiff alleged that she suffered cervical disc herniations that required surgery, headaches, a lumbar strain, and emotional distress as result. In the second accident, plaintiff’s vehicle was struck from the rear by the male defendant’s vehicle as she stopped for traffic. Plaintiff sued defendants, contending defendants operated the vehicles in a negligent manner and failed to maintain an assured clear distance. Defendants admitted liability but disputed the extent of the plaintiff’s injuries. Jury returned a plaintiff verdict.
Location: Hamilton County, Ohio
Case Name and Docket Number: Littrell v. Wells, A9904645
T-Bone Crash Passenger Suffers Fractured Thigh, Hip, and Knee Injuries
Type of Injury: Fracture of right femoral shaft, scarring on right hip and thigh, pain in anterior knee and chondromalacia of the patella
Type of Accident: Side-impact
Award/Settlement Amount: $180,000
Case Summary: Plaintiff allegedly rode as a passenger in defendant’s vehicle when defendant failed to stop for a stop sign at an intersection and a collision ensued. Plaintiff reportedly sustained injuries upon impact, including a broken femur. Plaintiff filed a lawsuit against defendant as negligent driver and co-defendant as owner of the vehicle. She sought damages for permanent injuries, disability, lost time and employment wages and medical care. Defendant later admitted to negligently operating his vehicle, not seeing the other vehicle until impact and had no idea how fast the other vehicle traveled. Jury found in favor of plaintiff and awarded her $180,000 for all damages sustained in the accident.
Location: Cuyahoga County, Ohio
Case Name and Docket Number: Fischer v. Forsgren, CV-04-532443
Victim Compensated for Future Inability to Perform Activities
Type of Injury: Chest and abdominal pain
Type of Accident: Side-impact
Award/Settlement Amount: $181,210
Case Summary: Plaintiff reportedly was driving near an intersection when defendant attempted to pass her and crashed into the right side of plaintiff’s vehicle. Plaintiff allegedly sustained chest and abdominal pain following the impact. Plaintiff sued defendant alleging defendant was solely at fault for the accident. Defendant negligence but denied the extent and alleged permanency of the plaintiff’s injuries. A jury found in favor of the plaintiff and awarded her $6,209.61 in past medical expenses, $80,000 for past and future pain and suffering, $80,000 for past and future inability to perform usual activities and $15,000 in future lost wages.
Location: Clermont County, Ohio
Case Name and Docket Number: Curry v. Chambers, 03CVC1501
Facial Scarring and Brain Damage from Broadside Collision
Type of Injury: Head injury-permanent cognitive brain damage, U-shaped complex forehead laceration of 15 cm with permanent nerve and sensory deficits and jagged scarring, a concussion; and cervical strain
Severity Rating: Severe
Type of Accident: Side-impact
Award/Settlement Amount: $204,558
Case Summary: Plaintiff was driving his vehicle, when he was broadsided by a vehicle driven by Defendant. Defendant had exited a parking lot immediately prior to the collision. Initially, defendant maintained that plaintiff was driving without headlights and was traveling too fast for the snowy road conditions. However, defendant ultimately admitted liability for the accident. Plaintiff alleged he was seriously injured and disfigured by his accident injuries, which included permanent cognitive brain damage and a complex forehead laceration. Plaintiff claimed the head injuries occurred when he hit his head on the steering wheel. He denied he was speeding and argued that it was daylight when the accident occurred. Defendant contended plaintiff recovered from his injuries and had returned to work. Jury found in favor of plaintiff in the amount of $203,000 plus costs of $1,558 for a total judgment of $204,558.
Location: Lucas County, Ohio
Case Name and Docket Number: Nunn v. Bruno, CI04
Victim of Head-On Crash with Head, Back Injuries, Cyclic Vomiting
Type of Injury: Head injury-Concussion; neck and back soft tissue injuries; cyclic vomiting syndrome, a rare gastrointestinal disorder
Type of Accident: Head-on
Award/Settlement Amount: $275,000
Case Summary: Plaintiff was a passenger in a vehicle that was hit head-on by a pickup truck driven by Defendant. Defendant’s vehicle crossed the center line and collided with plaintiff’s vehicle. Plaintiff’s head struck the windshield and she suffered a concussion and neck and back soft tissue injuries. Over the next three months, plaintiff began to experience recurring headaches and suffered an unexplained near fainting episode a year after the accident. She was ultimately diagnosed with cyclic vomiting syndrome (CVS), a difficult to diagnose illness that produces periodic cycles of severe nausea and vomiting that last from hours to days with no other associative symptoms. Defendant’s expert testified that CVS could not be caused by the trauma plaintiff suffered when her head hit the windshield. The parties subsequently settled for $275,000.
Location: Cuyahoga County, Ohio
Case Name and Docket Number: LaRiche v. Delisio, CV 03-493623
Multi-Vehicle Crash with Disc Injuries, and Aggravation of Schizophrenia
Type of Injury: Neck injury-cervical disc herniation; lower back disc herniation; bladder injury; sexual dysfunction; aggravation of preexisting mental conditions (bipolar disorder, depression and schizophrenia)
Type of Accident: Rear-end
Award/Settlement Amount: $300,000
Case Summary: Plaintiff was operating his vehicle. He was involved in a multiple vehicle rear-end collision at an exit ramp. Plaintiff claimed that the chain reaction crash was triggered by defendant and that plaintiff’s vehicle was totaled in the crash. Plaintiff alleged he was permanently disabled due to cervical disc herniation requiring surgery, lower back disc herniation, bladder injury, sexual dysfunction and aggravation of preexisting mental conditions (bipolar disorder, depression and schizophrenia). Defendant did not admit liability until the beginning of trial. Defendant disputed the extent of plaintiff’s injuries and disputed whether plaintiff’s cervical surgery was necessary or related to other conditions. Following opening statements at trial, the parties to this case agreed to a $300,000 settlement.
Location: Summit County, Ohio
Case Name and Docket Number: Andears v. Propane, CV-2006-11-7600
Front Seat Passenger Neck, Back Injuries from Head-On Crash
Type of Injury: Neck injury-Herniated disc at C7; Back injury-disc bulge at S1
Type of Accident: Head-on
Award/Settlement Amount: $450,000
Case Summary: Plaintiff was a front seat passenger with her husband, traveling in a vehicle northbound. Defendant, who was also traveling on same Road as plaintiff, lost control of his vehicle and struck the median. Plaintiff alleged that, after defendant struck the median, his vehicle was facing south in the northbound lanes of travel. According to plaintiff, defendant started driving south in the northbound lane, resulting in a head-on collision at a speed of 15 to 25 mph. Plaintiff claimed a herniated disc at C7 and disc bulge at S1 as a direct result of this accident. Defendant contended his car remained stationary after hitting the median and denied driving in the wrong direction. Defendant argued plaintiff’s injuries were connected to her documented complaints of preexisting neck and back soft tissue problems. Jury returned a plaintiff’s verdict for $450,000.
Location: Lucas County, Ohio
Case Name and Docket Number: Williams v. Hassan, C1035419
Tractor-Trailer Driver Liable for Brain and Spinal Cord Injuries
Type of Injury: Head injury-traumatic brain injury; Back injury-spinal cord injuries; Secondary condition known as heterotopic ossification which involved an excess buildup of calcium in his joints which rendered plaintiff unable to use his arms, legs and shoulders.
Type of Accident: Rear-end
Award/Settlement Amount: $3,750,000
Case Summary: Plaintiff was stopped in his vehicle at an intersection controlled by a traffic signal when he was rear-ended by one of Defendant’s semi-tractor trailers. The semi was traveling at approximately 55 mph when plaintiff’s vehicle was struck. The semi was carrying a load of coiled steel at the time of the collision. As a result of the collision, plaintiff suffered traumatic brain and spinal cord injuries with a secondary condition known as heterotopic ossification. That condition involved an excess buildup of calcium in his joints which rendered plaintiff unable to use his arms, legs and shoulders. As a result of these injuries, plaintiff was wheelchair bound and required constant care. Liability for the rear-end collision was not contested by the defendants. Case settled for $3,750,000 prior to trial.
Location: Trumbull County, Ohio
Case Name and Docket Number: Atkinson v. Gene’s Trucking Service, INC, 00CV1610
Methodology
We analyzed a group of actual lawsuits filed in Ohio courts by plaintiffs injured in motor vehicle accidents. All the plaintiffs in our sample group received a payout from a court award, arbitration award, or by settling with the defendant before trial.
Averages are calculated by adding the payouts for a group of cases, then dividing by the number of cases in the group.