When a car hits you while you’re walking, the injuries are often severe. There’s no metal frame protecting you. No airbags. Just your body absorbing the full impact. The aftermath can be overwhelming. Medical bills start arriving before you’ve even left the hospital, you’re missing work, and the pain might be unlike anything you’ve experienced before. If another driver caused your accident, you shouldn’t have to bear these losses alone. Massachusetts law gives you the right to seek compensation.
Medical Expenses
This one’s usually the most straightforward. Every medical cost connected to your injuries can be part of your claim:
- Emergency room treatment
- Hospital stays and surgeries
- Doctor visits and specialist appointments
- Physical therapy and rehabilitation
- Prescription medications
- Medical equipment like wheelchairs or crutches
- Future medical care related to your injuries
You’ll need documentation. Keep every medical record, every bill, every receipt. These prove what happened to you and what it cost. A Waltham pedestrian accident lawyer can help you organize all of this properly so nothing gets missed.
Lost Wages And Earning Capacity
Missing work because of your injuries means missing paychecks. You can recover that lost income, but it goes further than just the weeks you’ve already missed. If your injuries prevent you from returning to your old job, or if you’re forced to take lower-paying work because you can’t physically do what you used to do, that matters too. It’s called diminished earning capacity, and it recognizes that some injuries change your entire career trajectory.
Pain And Suffering
The physical pain is real. So is the emotional toll. Massachusetts law recognizes these non-economic damages because they’re legitimate consequences of what happened to you. Pain and suffering compensation accounts for the actual physical discomfort during recovery. It also covers mental anguish, anxiety, depression, and the loss of enjoyment in activities you used to love. These damages don’t come with a neat price tag like medical bills do. They’re harder to quantify. But the severity of your injuries, how long recovery takes, and how your daily life has been affected all factor into the calculation. They matter just as much as the tangible financial losses.
Property Damage
You weren’t driving, so there’s no car to repair. But personal property still counts. Your phone might’ve been destroyed in the impact. Maybe your laptop was in your bag, or your glasses got crushed. Clothing gets ruined. You can claim compensation for these items.
Disfigurement And Scarring
Some injuries don’t heal cleanly. Pedestrian accidents can leave permanent scars or disfigurement that affect how you see yourself and how you interact with the world. These lasting physical changes deserve separate compensation. They’re about more than medical costs. They’re about living with visible reminders of what happened to you.
Loss Of Consortium
When your injuries are serious enough to affect your marriage, your spouse can file their own claim. This is called loss of consortium, and it covers the loss of companionship, affection, and intimacy that results from your injuries. It acknowledges that serious accidents don’t just hurt the victim. They hurt families too.
Proving Your Damages
You can’t just tell the insurance company what you’re owed and expect them to write a check. You need evidence. Documentation is everything. Medical records connect your injuries directly to the accident. Pay stubs and tax returns prove what you were earning before you got hurt. Photographs show visible injuries and damaged property. Even a personal journal tracking your pain levels and emotional state throughout recovery can be valuable. Fogelman Law LLC works with medical professionals and economists to establish what your claim is actually worth. Insurance companies will try to pay as little as possible. Strong evidence makes it harder for them to lowball you.
Getting Help With Your Claim
The insurance company for the driver who hit you has one job: minimize what they pay out. They might offer you a settlement that sounds reasonable when you’re stressed and in pain. But does it actually cover your long-term needs? Probably not. A Waltham pedestrian accident lawyer knows how to value your case properly. They understand the tactics insurance adjusters use and won’t let you settle for less than you deserve. If negotiations don’t work out, they can take your case to trial and present it to a jury. You didn’t ask to get hit by a car. You shouldn’t have to struggle financially while you recover from someone else’s negligence. Reach out to discuss what happened and find out what your case might actually be worth.
