Brookline Pedestrian Accident Lawyer

Victims of pedestrian accidents are likely to suffer far more severe injuries than anyone else. While vehicle occupants are protected by numerous safety mechanisms within their vehicle, pedestrians, on the other hand, are left completely unprotected from an oncoming car or truck.

Retaining a Brookline pedestrian accident lawyer can be a crucial part of the recovery process for anyone who has been hurt in an accident. By scheduling a consultation well before the statute of limitations expires, a seasoned attorney could be highly effective in helping you build a convincing injury claim.

Recoverable Damages in Brookline Pedestrian Cases

In accidents involving pedestrians in Brookline, pedestrians almost always suffer severe injuries. However, contrary to what insurance companies are likely to say, injured pedestrians deserve to be compensated for far more than just the costs of the health care that they have already received. Instead, they deserve to be reimbursed for all their legal damages. These damages may include:

  • Past and estimated future medical expenses
  • Compensation for a pedestrian’s pain and suffering from their injuries
  • Lost wages, earning capacity, and business opportunities associated with the incident
  • The loss of companionship suffered by the victim’s family

Certain damages are going to be more severe in some cases than in others. For example, children who are seriously hurt in a pedestrian accident in Brookline could have significant disabilities to overcome for the rest of their life. They may be owed more compensation to cover their lost earning capacity in comparison a senior citizen who has retired from the workforce. Discussing the case with a Brookline pedestrian accident lawyer is the most effective way for a victim to understand their rights and how much compensation they should be entitled to in a successful lawsuit.

Comparative Negligence Rules in Brookline

When a driver hits a pedestrian, they may question why the pedestrian was on the road, bringing into question a pedestrian’s liability in the case. A driver could claim that it was the pedestrian who was at fault for not looking both ways before crossing against a light or outside of a crosswalk, or rushing out into the street. However, even if this was the case, this does not necessarily mean that the driver was not at fault for the incident.

Brookline’s accident law deals with these situations by forcing the jury in a personal injury trial to assign a percentage of fault to each party involved in the case. If the victim and plaintiff in the case are found to be 51 percent or more at fault for the accident, they would be kept from recovering any compensation for their injuries. If the jury decides that the victim was less than half at fault, the plaintiff’s recovery would be diminished by that percentage.

Deadline for Filing a Compensation Claim

Unfortunately, the law forces victims to act quickly after a pedestrian accident. Massachusetts General Law Chapter 260 § 2A requires victims to file their lawsuit within three years of the incident. While this requirement is designed to ensure evidence is still fresh, it can be difficult for victims, especially those who were severely hurt, to file their case on time.

Call a Brookline Pedestrian Accident Attorney Today

If you have been hurt in a pedestrian accident, retaining professional legal help can be a wise move. There is no reason why you should pay for the costs of your injuries and your recovery out of your own pocket, especially if you are not at fault for your injuries. However, it often takes a lawsuit to force the liable party to pay their fair share. A Brookline pedestrian accident lawyer could prove to be a valuable asset to your claim, potentially acting as an advocate on your behalf while you focus on healing from your injuries. Schedule a consultation to get started on your case today.