Compensation for pain and suffering in personal injury law can be complicated and contested. Similar to other states, Massachusetts has its own set of rules and guidelines for determining the amount a victim should receive for intangible damages caused by an accident or injury. This article will clarify how pain and suffering are calculated in Massachusetts, including the legal framework, factors that are considered, and the role of juries in making these determinations.

The Legal Framework for Pain and Suffering Damages in Massachusetts

Massachusetts operates under a no-fault auto insurance system, meaning drivers must carry Personal Injury Protection (PIP) coverage to pay for their medical expenses and lost wages, regardless of who is at fault in an accident. However, in cases of serious injuries or those meeting specific criteria, individuals can step outside the no-fault system and seek compensation for pain and suffering through a personal injury lawsuit.

MA Threshold for Pain and Suffering Claims

In Massachusetts, for an individual to bring a personal injury lawsuit for pain and suffering, their injury must meet one of the following thresholds:

• Medical Expenses Exceed $2,000: If the injured party incurs more than $2,000 in reasonable and necessary medical expenses related to the accident, they can seek compensation for pain and suffering.
• Serious and Permanent Disfigurement or Disability: If the injury results in severe and permanent disfigurement or disability, the injured party can pursue a claim for pain and suffering.
• Wrongful Death: In cases where a person loses their life due to another party's negligence, the surviving family members may file a wrongful death lawsuit to seek compensation for their pain and suffering.

Factors Considered in Calculating Pain and Suffering Damages

Once a personal injury lawsuit is filed, the calculation of pain and suffering damages becomes a central aspect of the case. These types of intangible losses are often a reason to consult with an experienced personal injury lawyer to maximize your compensation. There is no fixed formula for determining these damages, and they are typically left to the jury's discretion. Several factors are considered when evaluating pain and suffering in Massachusetts:

1. Severity of Injuries: The more severe the injuries, the higher the potential compensation for pain and suffering. This includes factors like the extent of physical pain, emotional distress, and psychological trauma endured by the victim.
2. Impact on Daily Life: The extent to which the injuries affect the victim's daily life, including their ability to work, enjoy hobbies, or maintain relationships, is a critical consideration.
3. Permanence of Injuries: Permanent injuries or disabilities often result in higher pain and suffering awards because the victim will suffer for the rest of their life.
4. Medical Treatment and Rehabilitation: The cost and duration of necessary medical treatment and rehabilitation can impact the calculation of pain and suffering. Ongoing medical care may lead to greater compensation.
5. Pre-existing Conditions: Any pre-existing medical conditions may be factored into the calculation, as it can be challenging to distinguish between pain and suffering caused by the accident and pre-existing issues.
6. Emotional Distress: Emotional distress, anxiety, depression, and other mental health issues resulting from the accident are considered when calculating pain and suffering.
7. Loss of Consortium: In cases involving the wrongful death of a loved one, the surviving family members may seek compensation for the loss of companionship, affection, and support.

Role of Juries in Determining Pain and Suffering

In Massachusetts, as in most personal injury cases, the determination of pain and suffering damages falls into the hands of a jury. During the trial, both parties present evidence to support their arguments about the extent of pain and suffering experienced by the victim.

The jury is tasked with assessing the evidence and making a subjective judgment about the appropriate amount of compensation for pain and suffering. This process is inherently subjective, as it involves evaluating intangible factors such as emotional distress and loss of enjoyment of life. The jury considers the testimony of the victim, medical experts, and other witnesses to arrive at their decision.

Limitations on Pain and Suffering Damages

It's important to note that Massachusetts limits pain and suffering damages, particularly in medical malpractice cases. Under the Massachusetts Health Care Malpractice Tribunal, the injured party must present their case to a tribunal composed of a judge, a lawyer, and a medical professional. This tribunal evaluates whether there is sufficient evidence of malpractice to proceed with a lawsuit.

The injured party can file a lawsuit if the tribunal determines a legitimate claim. However, there is a cap on non-economic damages, including pain and suffering, in medical malpractice cases. This cap is set at $500,000 per the State of Massachusetts

Calculating pain and suffering damages in Massachusetts is a complex and nuanced process. The state's no-fault insurance system sets a threshold for when individuals can pursue compensation for pain and suffering through personal injury lawsuits. Once inside the litigation process, various factors are considered, and juries play a pivotal role in determining the final amount of compensation.

While this system allows victims to seek compensation for the intangible harms they have endured, it is subject to limitations and caps, especially in medical malpractice cases. Individuals involved in personal injury cases in Massachusetts should consult with experienced attorneys who can guide them through the legal process and assist them in pursuing just recompense for their pain and suffering. Additionally, staying informed about changes in the law and regulations is essential for both victims and legal professionals in the state.

Injured? The Office of Brandon J. Broderick, Car Accident Lawyers, Can Help

If the unfortunate happens and you’ve been injured in a car accident, don’t go it alone. An experienced personal injury lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.