When a pedestrian is involved in an accident with a vehicle, the resulting injuries can be devastating and catastrophic. If you or a loved one have suffered an injury in a pedestrian accident, the first step toward recovering for your damages may be to contact an experienced Boston pedestrian accident lawyer. A skilled accident attorney could help ensure that your rights are protected and your interests are advanced in court, so you do not have to navigate the often-complex legal system by yourself.
Unless an injured person can show that their injuries meet certain criteria for an action known as a tort, they cannot bring a lawsuit against the other party or parties involved in their accident. Instead, their own insurance typically covers the costs of their injuries through Personal Injury Protection plans.
The criteria needed to meet the tort threshold and recover damages from the party responsible for an accident in the state of Massachusetts include more than $2,000 in medical costs, broken bones, injuries to the eyes or ears, permanent scarring, and/or permanent disfigurement. If an injured pedestrian meets any of these criteria, they can bring a lawsuit against the driver of the vehicle that struck them.
Boston allows for both economic and non-economic damages to be recovered in the wake of pedestrian accidents. Damages that are considered economic have relatively clear values attached to them and are fairly objective, such as the amount of wages lost during a recovery period or the medical bills for treatment related to injuries.
Non-economic damages, however, are more subjective in nature. They include losses like the injured person’s pain and suffering, loss of enjoyment of life, loss of consortium with a spouse, inability to perform daily tasks, and more. One way in which a Boston pedestrian accident lawyer could help is by bringing expert witnesses into the case to help give non-economic losses clearer values that can be recovered in a settlement.
In Boston, the statute of limitations for pedestrian accidents is three years. This means that an injured person must file a claim for damages within three years of the date that the accident initially happened. If the accident caused injury to a minor, the statute of limitations for any filing by that minor is three years after they turns 18. A pedestrian accident lawyer in Boston could help clients ensure that their paperwork is filed on time and well within the statute of limitations so that they do not lose the right to bring a claim and recover damages.
There are many ways that a Boston pedestrian accident lawyer could help you recover damages following a pedestrian accident injury. They could make sure all paperwork is filed within the time limits, bring in expert witnesses to help determine acceptable amounts for non-economic damages, and negotiate with the defense attorneys on settlements, among many other services.
In general, it is much easier and less stressful for an injured person to have educated and experienced assistance when dealing with complex legal matters. If you are injured in a pedestrian accident, contact a local pedestrian accident attorney in Boston as soon as possible to begin working toward the best possible outcome for your case.