Pedestrian accidents are a growing concern across Massachusetts, with busy and congested cities like Boston, Framingham, and Worcester experiencing notable increases in pedestrian accident incidents. In 2024, Massachusetts reported 369 total traffic fatalities, with at least 78 pedestrian deaths, accounting for approximately 21% of all traffic-related fatalities.
Recently, our Framingham accident lawyers have noticed an increase in pedestrian accidents. In the past few months, we have met with accident victims who were struck by motor vehicles in Framingham, Ashland, Boston, and Marlborough. These individuals all suffered serious injuries and wondered how long their cases would take to resolve. Below I will breakdown some important factors that will explain what you can expect if you were hit and injured by a car as a pedestrian.
Dealing with the legal and insurance aftermath of an accident can be stressful and overwhelming. Finding the right pedestrian accident lawyer in Massachusetts can simplify the process, which will allow you to focus on your health, recovery, and family while they handle the stress.
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Factors Influencing Settlement Timelines
The length of a pedestrian accident case in Massachusetts can vary widely, depending on the specific factors involved in each case. Every case is different. Similar to Massachusetts car accident cases, the length of time it takes to reach a fair settlement can range from several months to a few years. Several key factors influence this timeline:
Severity of Injuries and Length of Medical Treatment
A major aspect of a pedestrian accident is the extent and severity of the injuries a pedestrian suffers. Cases involving severe injuries often take longer to settle. Settlements are typically not reached until the injured party attains Maximum Medical Improvement (MMI), the point at which their medical condition stabilizes, and future medical needs can be assessed.
However, cases involving less severe injuries may result in a quicker resolution. This is because it may take less time to recover from soft tissue injuries.
Dealing With Insurance Companies and Negotiations
When an accident victim recovers from their injuries or reaches an MMI, all the supporting documentation will be obtained and a demand for settlement is submitted to the insurance company. Generally, insurers usually take about 30 days to evaluate the demand and respond with an initial offer. In less complex cases, the negotiation process may range from 30 days to a few months to reach a settlement.
The full amount of bodily injury limits for the vehicle that struck you also plays a part in determining how long it may take to reach a settlement. In some cases, the injury limits are insufficient to compensate an injured pedestrian. These situations may necessitate the pursuit of an underinsured motorist claim with your own auto insurance company. This would lengthen the time it may take to reach a full settlement.
However, in more complicated cases, it may take much longer. The position of the insurance company that insures the car that struck you plays a part in determining how long a case may take to resolve. If the insurance company disputes liability or the extent of injuries or damages, it may prolong the settlement or negotiation process.
Potential for a Massachusetts Lawsuit and Litigation
While most pedestrian accident cases are resolved via a bodily injury claim and settlement, litigation may become necessary. If an acceptable settlement offer is not made through negotiations or there is an issue with liability (e.g., negligence/fault), a lawsuit may need to be filed in a Massachusetts court.
Lawsuits and the litigation process will extend the timeline significantly. If the case must proceed to trial, it will take longer to resolve your case. These timelines are difficult to anticipate because every court is different. Some are busier than others. So, some lawsuits may take longer than others. However, many lawsuits are settled before trial with the use of alternative dispute resolution such as mediations.
Average Settlement Amounts
Settlement amounts for pedestrian accidents in Massachusetts vary based on injury severity and case specifics. While it's challenging to determine an exact average, settlements can range significantly:
- Minor Injuries: Settlements may be lower, reflecting shorter recovery times and less medical intervention. Our Framingham car accident attorneys have settled pedestrian accident cases with minor injuries for amounts ranging from $15,000 to $100,000.
- Moderate to Severe Injuries: These cases often result in higher settlements due to extensive medical treatment and bills, rehabilitation, and potential long-term impacts on the victim's quality of life. Our lawyers have settled cases involving severe injuries for amounts ranging from $100,000 - $900,000.
Every case is fact specific, and the value of each case will differ. Any pedestrian struck by a car should consult with an experienced Massachusetts pedestrian accident attorney. An experienced lawyer will be able to evaluate the facts of your case and explain how long it may take to reach a resolution in your case. While it is difficult to estimate a settlement amount soon after an accident, experienced injury attorneys will be able to approximate the range of possible settlement amounts.
Final Thoughts
The settlement timeline for a pedestrian accident case in Massachusetts depends on various factors, including injury severity, insurance negotiations, and the potential need for litigation. Engaging an experienced personal injury attorney like Chuck Pappas can provide invaluable support, helping to navigate the legal process efficiently and effectively.
Get Help from an Experienced Pedestrian Accident Lawyer in Massachusetts
Navigating the complexities of a pedestrian accident case requires experienced legal guidance. Attorney Chuck Pappas, based in Framingham, Massachusetts, specializes in personal injury law and serves clients throughout the state, including Boston, Worcester, and surrounding towns. With a deep understanding of Massachusetts laws and a commitment to advocating for victims' rights, Attorney Pappas works diligently to ensure clients receive the compensation they deserve.
To schedule a free confidential consultation with Attorney Pappas call (508) 879-3500 or contact us online today.
