Understanding the types of damages available is crucial for anyone involved in a personal injury lawsuit.

In this article, we will cover the various categories of damages you can claim in a personal injury case and explain why hiring a personal injury lawyer in Massachusetts is in your best interests.

Economic Damages

Economic damages are tangible, quantifiable losses incurred due to an injury. These damages aim to reimburse the injured party for their financial hardships. In Massachusetts, economic damages include:

a) Medical Expenses: Victims can claim compensation for all medical expenses related to their injury. This encompasses hospital bills, surgery costs, doctor visits, prescription medications, rehabilitation, and necessary medical equipment.

b) Lost Earnings: If the injury causes the victim to miss work, they can seek compensation for lost wages, including past and future income. The court may consider factors like salary, benefits, and potential promotions.

c) Property Damage: In cases involving car accidents or property damage, the victim can claim compensation for repairing or replacing damaged property.

d) Funeral and Burial Expenses: In wrongful death cases, surviving family members may seek reimbursement for funeral and burial expenses.

Non-Economic Damages

Non-economic damages are more subjective and challenging to quantify. These damages are designed to compensate the victim for intangible losses such as pain, suffering, emotional distress, and a reduced quality of life. In Massachusetts, non-economic damages include:

a) Pain and Suffering: This encompasses the physical and emotional pain the victim endures due to the injury. The court may consider the severity of the injury and its long-term effects on the victim's life.

b) Emotional Distress: Emotional distress damages compensate for the psychological trauma and anxiety resulting from the accident. These damages are often applicable in cases involving severe emotional trauma.

c) Loss of Consortium: This type of damage is available to a spouse or family member who has suffered a loss of companionship or intimacy due to the victim's injuries.

Punitive Damages

Punitive damages are a special category of compensation designed to punish the defendant for particularly egregious conduct and to deter others from engaging in similar behavior. However, in Massachusetts, punitive damages are generally limited to cases of willful, wanton, or reckless behavior.

Wrongful Death Damages

When a personal injury case results in the death of the victim, the surviving family members can file a wrongful death lawsuit. In Massachusetts, wrongful death damages may include:

a) Funeral and Burial Expenses: As mentioned earlier, these expenses can be recovered by the surviving family members.

b) Loss of Financial Support: The deceased's dependents may seek compensation for the loss of financial support, including future income that the deceased would have provided.

c) Loss of Companionship: Surviving family members can also claim damages for the loss of the deceased's emotional support, companionship, and guidance.

d) Grief and Suffering: Compensation may be available for the emotional pain and suffering experienced by the surviving family members due to the loss.

Comparative Negligence

Massachusetts follows a modified comparative negligence system. This means that if the injured party is found partially at fault for the accident, their damages may be reduced in proportion to their degree of fault. However, if the injured party is deemed more than 50% responsible for the accident, they may not recover any damages.

Understanding the types of damages available in a personal injury case in Massachusetts is crucial for both victims and defendants. Whether you're seeking compensation for medical bills, lost wages, pain, suffering, or other losses, it's essential to consult with an experienced personal injury attorney who can navigate the complexities of Massachusetts law and help you pursue the full compensation to which you may be entitled. Personal injury cases are multifaceted, and having a thorough understanding of the damages available is a critical step in seeking justice and fair compensation for your injuries and losses.

Brandon J. Broderick, Massachusetts Personal Injury Lawyer

There is no law requiring you to have a lawyer when filing a personal injury claim after an accident. However, working with an experienced Massachusetts personal injury attorney can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a personal injury lawyer from our team, you pay nothing upfront. We work on contingent fees only collected if we win your case. If we don’t win, you don’t pay.

With our proven track record of success with personal injury settlements and our commitment to client care, we can turn your setback into a comeback. Contact Brandon J. Broderick, Attorney at Law, for a free consultation. 

Contact us now for a free legal review.