What Are Pain and Suffering Damages in Massachusetts?
In Massachusetts personal injury cases, damages fall into two broad categories: economic damages (measurable financial losses like medical bills and lost wages) and non-economic damages (intangible losses like pain, suffering, and emotional distress). Pain and suffering damages are often the largest component of a personal injury recovery and require skilled legal advocacy to maximize.
What Pain and Suffering Damages Cover
Non-economic damages in Massachusetts personal injury cases can include physical pain from your injuries, emotional distress and anxiety, mental anguish and PTSD, loss of enjoyment of life, loss of companionship and consortium, permanent scarring and disfigurement, and the impact of your injuries on daily activities and quality of life.
How Are Pain and Suffering Damages Calculated?
Unlike medical bills or lost wages, there is no simple formula for calculating pain and suffering. Massachusetts juries and insurance adjusters consider several factors, including the severity and permanence of your injuries, the duration of your pain and recovery, the impact on your daily life and relationships, your age and pre-injury health, medical expert testimony about your prognosis, and the consistency and credibility of your account of your suffering.
The Multiplier Method
One common approach used by insurance companies is the multiplier method, where economic damages are multiplied by a factor – typically 1.5 to 5 – based on injury severity. While this method provides a starting point, an experienced attorney uses the full picture of your injuries and life impact to negotiate the strongest possible outcome.
Massachusetts Tort Reform: Does a Cap Apply?
Massachusetts does not cap pain and suffering damages in most personal injury cases. Claims against government entities under the Massachusetts Tort Claims Act are subject to a $100,000 cap on damages per claimant. Our attorneys account for any applicable caps when evaluating your case.
Maximizing Your Pain and Suffering Damages
Detailed medical records documenting your pain over time, journal entries about your daily struggles, testimony from family and friends about changes in your life, and expert medical testimony about your prognosis all strengthen your pain and suffering claim. Our attorneys guide you in documenting these damages thoroughly from day one.
Speak With a Massachusetts Personal Injury Attorney
Larson Law helps injury victims throughout Massachusetts pursue full compensation including maximum pain and suffering damages. Contact us for a free consultation – no fee unless we win.