Pedestrians on a Crosswalk in Massachusetts Near CarsEarlier this year, a mother and her daughter were out shopping in downtown Worcester, Massachusetts. After leaving a store, they were crossing the street in a marked crosswalk when they were both struck and seriously injured by a careless driver. Unfortunately, these pedestrian accidents are common and often result in critical injuries for the victim.

Both innocent victims were rushed to the emergency room by ambulance due to the severity of their injuries. They required surgeries for their injuries and substantial aftercare. A former client of Mahaney & Pappas, LLP recommended our Framingham accident lawyers to help with their situation. Attorney Chuck Pappas met with the mother and her husband at an in-patient rehab facility in Worcester where the mother was treating. A thorough evaluation of their accident case was performed, and Attorney Pappas got to work immediately.

A detailed investigation of the accident was conducted, which included gathering police reports, witness statements, and taking photographs of the crosswalk where the accident occurred. Additionally, the auto insurance company that insured the vehicle that hit our clients was identified and put on notice of the injury claims. Our investigation revealed that the driver was distracted and didn’t see our clients crossing the street. This investigation was crucial in establishing negligence by the distracted driver.

One issue that arose was that the negligent driver did not have enough bodily injury insurance coverage to compensate our clients for their injuries and damages. Luckily, the mother had optional coverage with her own auto insurance policy for her car for bodily injury caused by an underinsured auto. This optional part of auto insurance provided additional insurance coverage beyond the negligent driver’s limits.

With diligent legal representation and proper care, we were able to obtain the full auto insurance policy limits and the full underinsured limits to secure a $200,000 settlement for our clients.

Also, in Massachusetts, accident victims may be required to reimburse their health insurance companies after a settlement for the medical bills health insurance paid for treatment related to injuries suffered in an accident. Our clients’ health insurance company had a health insurance lien on their injury claims. However, our injury lawyers were able to negotiate this lien down to put more money in our clients’ pockets. This required aggressive negotiation and strategy.