Unlike compensation for economic losses such as medical expenses and lost wages, pain and suffering damages are intended to address the physical discomfort, emotional distress and other non-economic consequences of your injuries. They may also account for limitations on your daily activities and the ways your injuries affect your overall quality of life.
Not everyone qualifies for pain and suffering damages after a crash in Massachusetts. You must satisfy certain requirements to pursue these damages, as explained below.
The legal threshold in Massachusetts
Massachusetts law generally requires an injured person to meet a statutory threshold before recovering damages for pain and suffering after a motor vehicle crash. In most cases, pain and suffering damages may be recovered only when the reasonable and necessary expenses incurred to treat the ensuing injuries are determined to exceed $2,000.
However, the $2,000 requirement does not apply to certain serious injuries. These include fractures, permanent and serious disfigurement, loss of a body member and qualifying loss of sight or hearing. If your injury falls within one of these categories, you may pursue pain and suffering damages without necessarily meeting the $2,000 threshold.
Fault is another important consideration. Massachusetts follows a modified comparative negligence rule, meaning you cannot recover damages from the other party if you are found to be more than 50% responsible for causing the crash.
How is pain and suffering valued?
There is no fixed dollar amount for pain and suffering after a car accident. The amount you may recover will depend on the specific facts and circumstances of your case. Factors that may matter include:
- The severity and duration of your physical pain
- Whether your injuries are permanent or require extensive treatment
- The emotional distress associated with the accident
- Limitations on work, hobbies and daily activities
- The impact of the injury on your relationships and quality of life
- Your degree of fault for the crash
Medical records, treatment history and testimony about how your injuries affect your everyday life can help demonstrate the extent of these losses. Reaching out for professional legal guidance after a crash in Massachusetts can help you understand the damages you may be entitled to and what evidence can support your claim.
