When individuals are injured due to someone else's negligence or wrongdoing in Massachusetts, they often pursue a personal injury claim to seek compensation for their losses. While economic damages such as medical bills and lost wages are relatively straightforward to calculate, non-economic damages play a significant role in personal injury cases. This article explains what non-economic damages are, how they are determined, and their importance in Massachusetts personal injury claims.

Defining Non-Economic Damages

Non-economic damages, also known as general damages or pain and suffering damages, refer to losses that cannot be easily quantified in monetary terms. Unlike economic damages, which have a clear financial value, non-economic damages encompass the emotional, psychological, and intangible aspects of a victim's suffering following an accident or injury.

In a Massachusetts personal injury claim, non-economic damages typically include:

1. Pain and Suffering: This category covers the physical and emotional distress a victim endures due to the injury. It includes the actual physical pain experienced and the mental anguish, anxiety, and emotional trauma associated with the incident.
2. Emotional Distress: Emotional distress goes beyond the immediate pain and suffering and includes the long-term psychological impact of the injury. This may manifest as anxiety, depression, post-traumatic stress disorder (PTSD), or other mental health issues.
3. Loss of Enjoyment of Life: When an injury restricts a person's ability to participate in activities they once enjoyed, they may be entitled to compensation for the diminished quality of life. This could include hobbies, sports, or social activities the victim can no longer engage in.
4. Loss of Consortium: This pertains to the injury's negative impact on the victim's relationships, particularly spousal relationships. It acknowledges the emotional toll and loss of companionship suffered by the injured person's spouse.

Calculating Non-Economic Damages

One of the challenges in personal injury cases is determining the monetary value of non-economic damages. Unlike economic damages, which can be calculated based on bills and receipts, non-economic damages involve subjective assessments. In Massachusetts, several factors are considered when calculating non-economic damages:

1. Severity of Injury: The more severe the injury, the higher the potential non-economic damages. For instance, a victim who suffers a debilitating spinal cord injury may receive more compensation for pain and suffering than someone with minor bruises.
2. Duration of Recovery: The length of time it takes for the victim to recover plays a crucial role. Longer recovery periods typically result in higher non-economic damages.
3. Permanency of Injuries: If the injuries lead to long-term or permanent disability, the victim is more likely to receive substantial non-economic damages.
4. Impact on Daily Life: The extent to which the injury affects the victim's daily life, including their ability to work, engage in recreational activities, or maintain personal relationships, is considered.
5. Expert Testimony: In many cases, expert witnesses such as medical professionals or psychologists may testify to the extent of the victim's pain and suffering, which can influence the calculation of non-economic damages.
6. Precedent and Jury Discretion: Massachusetts courts often consider previous cases and jury decisions to determine appropriate non-economic damages. The jury has discretion in assigning a value to these damages based on the case's unique circumstances.

It's important to note that Massachusetts has a statutory cap on non-economic damages in medical malpractice cases, which limits the amount a victim can receive for pain and suffering. According to the state of Massachusetts, the maximum a person can receive is $500,000.

The Role of Comparative Negligence

Massachusetts follows the doctrine of comparative negligence when determining damages in personal injury cases. This means that the victim's level of fault, if any, can impact the compensation they receive. Under comparative negligence:

• Suppose the victim is found to be partially at fault for the accident or injury. In that case, their compensation for both economic and non-economic damages is reduced proportionally to their degree of fault.
• If the victim is determined to be more than 50% at fault, they are barred from recovering any damages.

For example, if a court finds that a victim is 20% at fault for a car accident and their total damages (economic and non-economic) are $100,000, they would receive $80,000 ($100,000 - 20% = $80,000).

Important Considerations for Non-Economic Damages

1. Documentation and Evidence: To strengthen a claim for non-economic damages, it's crucial to document all aspects of the injury and its impact on your life. This includes medical records, therapy notes, personal journals detailing your pain and suffering, and expert testimony when applicable.
2. Seeking Professional Legal Counsel: Personal injury cases can be complex, particularly when non-economic damages are involved. Hiring an experienced personal injury attorney in Massachusetts can greatly improve your chances of receiving fair compensation for your losses.
3. Timely Filing: Massachusetts has a statute of limitations for personal injury claims, which means you must file your lawsuit within a certain timeframe (typically three years from the date of the injury) to be eligible for compensation.
4. Mediation and Settlement: Many personal injury cases in Massachusetts are resolved through settlement negotiations before going to trial. In these negotiations, the value of non-economic damages can be a significant point of discussion.

Non-economic damages encompass pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Calculating non-economic damages involves assessing the severity and duration of injuries, their impact on daily life, and expert testimony.

If you or a loved one has suffered an injury due to someone else's negligence in Massachusetts, seeking professional legal representation is essential. An experienced personal injury attorney can help you navigate the complexities of non-economic damages and work to ensure you receive fair compensation for your physical and emotional losses. Understanding the nuances of non-economic damages is crucial to achieving a just resolution in your personal injury claim.

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. 

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