When personal injury accidents occur, victims often face not only physical pain but also financial losses and emotional distress. In Massachusetts, personal injury law allows individuals to seek compensatory damages to address these challenges. But what exactly are compensatory damages, and how do they work in the Bay State?

We explore the concept of compensatory damages in the following blog post, breaking down their two primary categories—economic and non-economic—and how they apply in Massachusetts personal injury cases. We also touch upon state-specific rules and guidelines to help you better understand your legal rights.

For legal help with your specific case, please consult with an experienced MA personal injury lawyer, such as those at Brandon J. Broderick, Attorney at Law. Call today to schedule a free, no-obligation consultation.

What Are Compensatory Damages?

Compensatory damages are intended to reimburse an injured party for losses caused by another’s negligence. These damages are used to help restore the victim to their pre-injury state as much as possible.

In Massachusetts, like in other states, compensatory damages fall into two main categories:

• Economic damages: These cover measurable financial losses, such as medical bills, lost wages, and property damage.
• Non-economic damages: These are damages for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Economic Damages in Massachusetts

Economic damages provide compensation for out-of-pocket expenses and other financial losses directly caused by the injury. In Massachusetts, some of the most common types of economic damages include:

• Medical Expenses: This covers costs for hospital stays, surgeries, physical therapy, and even future medical care if the injury results in long-term effects.
• Lost Wages: If an injury prevents you from working, you can claim compensation for the income you’ve lost.
• Property Damage: In cases like car accidents, you may seek reimbursement for repair or replacement of damaged property.

Massachusetts allows plaintiffs to present detailed evidence, such as invoices, pay stubs, and expert opinions, to substantiate these claims.

Non-Economic Damages in Massachusetts

Non-economic damages compensate victims for more subjective losses that are harder to quantify. Some examples include:

• Pain and Suffering: This accounts for the physical discomfort and emotional distress caused by the injury.
• Emotional Distress: Serious accidents can leave psychological scars, such as anxiety, depression, or PTSD.
• Loss of Consortium: Spouses or close family members may claim compensation for the loss of companionship or support resulting from the injury.

While these damages are subjective, they are no less important. Massachusetts courts often rely on compelling testimony, medical records, and other forms of evidence to determine fair compensation.

Massachusetts Laws Governing Compensatory Damages

Massachusetts does not impose a cap on most compensatory damages, unlike some other states. This means victims can seek full compensation for their economic and non-economic losses. However, punitive damages are not typically awarded in Massachusetts personal injury cases unless explicitly authorized by law.

Additionally, Massachusetts follows a comparative negligence rule. Under this rule, if a plaintiff is partially at fault for the accident, their compensation is reduced by their percentage of fault. For example, if you are found 20% at fault for a car accident, your award will be reduced by 20%.

The Role of Evidence in Proving Damages

Evidence plays a major role in securing compensatory damages. Plaintiffs must provide clear documentation to prove their economic and non-economic losses. Common types of evidence include:

• Medical Records: Detailed records from doctors, therapists, or specialists can demonstrate the extent of your injuries.
• Receipts and Invoices: These substantiate claims for medical expenses and property damage.
• Witness Testimony: Statements from witnesses can corroborate your version of events or illustrate the impact of the injury on your life.

Why Timeliness Matters in Massachusetts Personal Injury Claims

The statute of limitations for MA personal injury cases is three years from the date of the injury. Filing your claim within this timeframe is essential to preserve your right to seek compensation. Delays can jeopardize your case, as evidence may be lost or witnesses may become unavailable over time.

Call Brandon J. Broderick For Legal Help

Navigating Massachusetts personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.