Boston Pedestrian Accident Lawyer | FREE ConsultationJoel H. Schwartz, P.C.

Boston Pedestrian Accident Lawyer

Pedestrian accidents can be relatively minor or seriously life changing and typically happen while crossing a street, walking along the side of a road, in a parking lot or recreational area, or when a car jumps the curb onto the sidewalk.

While Massachusetts law generally favors the rights of pedestrians over vehicles, determining who had the right of way can be a deciding factor. If, for example, a pedestrian crosses a street in a crosswalk or with a “walk” sign at a traffic light, the pedestrian clearly has the right of way.

But, if the same pedestrian crosses a street between parked cars away from an intersection, that could have a different outcome. No matter what side of the street you find yourself on, if you’ve been injured you should contact a Boston pedestrian accident lawyer today.

What to do if you are an injured pedestrian

First, seek immediate medical treatment for your injuries. Your health is always the most important thing.

Second, gather all the information you have regarding your accident: medical records/bills, insurance information, witness names, photos, etc. The immediate investigation and preservation of evidence together with witness statements are often critical elements in proving a personal injury claim.

You should contact a Boston pedestrian accident lawyer with enough experience in pedestrian accident cases to explain and protect your rights. Note that the Massachusetts statute of limitations applies to these cases, so you have a limited timeframe in which to file your claim.

How do you know if you have a legitimate auto pedestrian accident claim?

Under Massachusetts law, you must be able to show that the driver was more than 50 percent at fault. If you’re unfamiliar with the Massachusetts “rules of the road” laws, we’re happy to explain them. Contact Us

Once fault has been established, there are other specific requirements that must be met in order to file a claim for pain and suffering, including the following:

  • You must have reasonable and necessary medical bills in excess of $2,000 or the injury must have resulted in a permanent scar, fracture, disfigurement or death.

What are you entitled to?

While every case is unique, auto accident victims are generally entitled to recover medical costs, lost wages, lost earning capacity, future medical costs, pain and suffering, and related out-of-pocket expenses. But many of these amounts can be difficult to figure out on your own and our Boston pedestrian accident lawyers will fight to reduce your losses or even try to eliminate some of them.

Who will pay your medical bills?

Massachusetts is a no-fault state. Regardless of who caused the accident, your medical bills are supposed to be covered. Under that provision, your initial medical bills will be submitted to the insurance company of the person who hit you.

That insurance company is supposed to pay the first $2,000. Any medical bills more than $2,000 must be submitted to your private health insurance company. If a bill is denied or only partially paid by your health insurer, the outstanding balance can then be submitted to the vehicle insurance company for payment.

If you have no health insurance, the vehicle insurer should pay an additional $6,000 in medical bills above and beyond the initial $2,000.

Sound confusing? It is. The reality is that vehicle insurance companies don’t always do what they’re supposed to. They have the right to review your medical care and the reasonableness of the bills submitted by your medical care providers.

They can have their own doctor review your medical records to determine the necessity of treatment. They can even require you to be examined by a doctor of their choosing, which can result in a denial of coverage for future treatment – even if your treating doctor says otherwise.

We’ll use our experience and extensive resources to do everything necessary to make sure your medical bills are paid in full and that you receive the treatment you deserve.

Who will cover any lost wages?

If you’ve been injured, you need time to recover and may miss days of work. Under the same coverage as your medical bills, your lost wages will be reimbursed at 75 percent of your pre-tax wage. The other 25 percent must be retrieved and negotiated with the at-fault party’s insurer.

What about other costs and expenses?

Medical costs and lost wages are obvious recoverables. However, you may also be entitled to receive compensation for lost earning capacity if you’re unable to go back to work or lose your job due to your injury.

You may also be compensated for injury-related out-of-pocket expenses, such as childcare costs, having to pay someone to help you for work, or other obligations you can no longer do yourself.

You may also be able to recover costs for future medical treatment, such as reconstructive surgery or lifetime medical care in the case of a permanent injury.

Finally, there’s pain and suffering, which is the physical and emotional distress caused by your injury.

Who is the right pedestrian accident lawyer to represent you?

All lawyers are not the same. Some are in it strictly for the money. Others, like us, put their clients first. Some lawyers don’t have much experience with pedestrian accidents.

We have more than 50 years of specific auto accident experience with every major insurance company in New England. We also have a consistent track record of achieving results for our clients, demonstrated in our Achievements section.

We know the insurance adjusters who settle the pedestrian accident claims as well as the legal counsel they employ in litigation; we talk to them every day. As a result, we’ve developed strong relationships that help us obtain better offers than most other law firms.

We also enjoy a reputation within the insurance and legal industry for our tenacity in fighting for our clients. The insurance companies know we will litigate to trial any matter that doesn’t receive the best settlement offer. And since our legal team never gives in to pressure from the other side, we’re often able to resolve claims faster and with superior results. This benefits you, the victim.

Choose an experienced Boston pedestrian accident lawyer to evaluate your claim and maximize its value.

During our more than 50-year history, we’ve successfully resolved thousands of pedestrian accident cases, including hit and runs, and recovered hundreds of millions of dollars for our clients.

Call 617-742-1170 for a free consultation right now. You’ll know you made the right decision the minute you start talking to us. We’ll listen because we care. We’ll ask intelligent questions so we can assess your situation properly, and give you honest answers because we want to do what’s best for you.

And remember, if we take your case, you won’t pay us anything until and unless we get a successful recovery for your injuries.

Pedestrian Accident Case Achievements

Double Leg Amputation for Delivery Man Struck by Car – $3 Million Settlement
Pedestrians Struck in Crosswalk by Truck – $3 Million Settlement
Pedestrian Accident Case Resulting in Below Knee Amputation – $1 Million
School Bus Accident with Student Crossing Street – $825,000.00
Pedestrian Struck by Vehicle in Crosswalk – $475,000.00
Pedestrian Struck in Crosswalk by Commercial Pickup – $475,000.00

See More Winning Settlements

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