Pedestrian accidents can result in very serious injuries, and concussions are among the most common and most misunderstood. If you or a loved one suffered a concussion after being hit by a vehicle in Boston, Framingham, Natick, Newton, Marlborough, or elsewhere in the Metrowest area, you may be entitled to compensation for pain and suffering. Let’s look at pain and suffering damages in pedestrian accident cases in Massachusetts.
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Understanding Pain and Suffering in Massachusetts Pedestrian Accident Claims
In Massachusetts, victims of pedestrian accidents can pursue damages for more than just medical expenses or lost wages. Pedestrians struck by a negligent driver of a motor vehicle can also recover compensation for their pain and suffering. But determining the amount of compensation for pain and suffering is much more difficult than valuing the other elements of damages such as medical bills and lost wages.
"Pain and suffering" refers to the physical, mental, and emotional trauma of the injury. For concussions or a traumatic brain injury, they may include:
- Chronic headaches or discomfort
- Emotional trauma or anxiety
- Memory loss or cognitive difficulties
- Mood changes or depression
- Sleep disturbances and fatigue
Pain and suffering damages are subjective, and their value depends on the unique facts of your case. Subjective complaints refer to symptoms or issues reported by accident victims that can’t be directly measured or observed through diagnostic or medical tests or imaging.
In concussion cases, the subjective complaints often include the above-mentioned symptoms. Medical professionals – insurance companies and lawyers – rely on the accident victim’s self-report since there is often no objective evidence of a concussion. This is why it is critical to seek medical attention for a concussion to consistently document your injuries and symptoms. The reported and documented symptoms and complaints of a concussion will provide the support you and your injury lawyer will need when negotiating for fair compensation.
Why Concussions Are Taken Seriously in Pedestrian Accidents
A concussion is a traumatic brain injury (TBI) that can have serious, lasting effects. Pedestrian accidents typically result in more severe injuries compared to a two-motor vehicle collision. In pedestrian accidents, victims have no physical protection, making brain injuries like concussions especially common, even at low speeds. Therefore, injuries to pedestrians tend to be more sever and are taken seriously.
Key Factors in Valuing Pain and Suffering for a Concussion
In Massachusetts, valuing pain and suffering for a concussion involves a careful review of both medical evidence and personal impact. Courts, lawyers, insurance companies, and juries consider the severity and duration of symptoms like headaches, dizziness, confusion, and emotional distress, which often accompany concussions.
Medical records from neurologists, imaging tests, and detailed treatment notes are essential in establishing the injury’s seriousness. Massachusetts law does not use a fixed formula for pain and suffering, so factors like missed work, changes in personality or cognitive function, and the overall disruption to the victim’s daily life carry significant weight. A strong, well-documented case can help maximize compensation for the physical and emotional toll of a concussion.
Why Local Legal Help Matters
Working with a pedestrian accident attorney who knows Boston and the Metrowest legal landscape – including local courts and insurance practices – is crucial to maximizing your pain and suffering claim.
Frequently Asked Questions (FAQs)
How much is a concussion injury worth in a Massachusetts pedestrian accident case?
The value depends on your medical costs, lost income or wages, how long symptoms last, how they affect your life, and how well your case is documented. Pain and suffering alone can range from $15,000 to over $100,000, depending on the specifics.
Can I still recover compensation if I was partially at fault as a pedestrian?
Yes. Massachusetts follows a modified comparative negligence rule. As long as you're less than 51% at fault, you can recover damages—but your total compensation will be reduced by your percentage of fault.
What should I do after a pedestrian concussion in the Boston or Metrowest area?
Seek immediate medical care and follow up with a specialist if symptoms persist. Then, contact an experienced Boston or Metrowest pedestrian accident lawyer to protect your rights and begin building a strong case.
How long do I have to file a pedestrian accident claim in Massachusetts?
Massachusetts law gives you three years from the date of the accident to file a personal injury lawsuit. However, it's best to start early while evidence and witness memories are still fresh.
Injured in a Pedestrian Accident in the Boston or the Framingham area of Massachusetts? We are Here to Help!
Mahaney & Pappas, LLP has a proven track record of helping pedestrian accident victims throughout the Boston and Metrowest area, including Framingham, Natick, Newton, and Marlborough. We’ll fight to make sure your concussion injury is taken seriously and that you receive fair compensation for your pain and suffering.
📞 Call us today at (508) 879-3500 or Contact Us Online to schedule your free consultation today.
