How Massachusetts Law Evaluates Pain and Suffering Damages

When you are hurt in a slip and fall, car crash, or another type of accident, you may endure significant pain and emotional distress that has a profound impact on your life. If someone else’s negligence caused the accident that resulted in injury, you may be able to file a personal injury claim against them to recover compensation. There are many types of damages available in these cases, depending on your circumstances, including medical expenses, lost income, and pain and suffering.

If you are planning on filing a claim against the negligent party, it is critical to know how pain and suffering damages are calculated. Our Massachusetts injury lawyers explain pain and suffering damages, who qualifies for them, and how they are calculated below.

Understanding damages for pain and suffering

When you have been hurt due to another person’s negligence, your losses may extend far past medical expenses and lost wages. Damages for pain and suffering are meant to help compensate you for the intangible losses you sustained, or those that impact your emotional well-being and quality of life.

Pain and suffering damages address both the physical pain caused by the injuries and the emotional toll they have taken on you. Damages for pain and suffering can include compensation for the following:

• The physical pain you experience due to your injuries
• An inability to take part in daily activities you once loved due to prolonged discomfort
• Mental health issues caused by the accident, such as anxiety and depression
• Emotional distress, such as trauma or grief
• Loss of enjoyment of life if your injuries have negatively affected your daily activities and close personal relationships

Although the above losses are not as visible as broken bones and other injuries, it is still important to ensure they are accounted for in your claim.

Who is eligible for pain and suffering damages?

Not everyone qualifies for pain and suffering damages in Massachusetts. After being injured by another person’s negligence, you must then meet certain criteria. If you were in an auto accident, your medical expenses must have a value in excess of $2,000, or you must have suffered one of the following:

• Death
• Loss of a body part
• Permanent and serious disfigurement
• Certain loss of sight or hearing
• A fracture

The above thresholds are outlined under the no-fault auto insurance laws in Massachusetts. If you were in another type of accident, there is no statutory threshold to recover damages for pain and suffering.

Are there caps on pain and suffering damages in Massachusetts?

The statutes in Massachusetts place a cap of $500,000 on pain and suffering damages in the majority of medical malpractice cases, although there are exceptions. On other personal injury claims, there is generally no cap. This means that you can pursue full compensation that truly reflects the nature and extent of your suffering.

How are pain and suffering damages evaluated in Massachusetts?

Calculating damages for pain and suffering is inherently complex. It involves placing a monetary value on an intangible, non-economic loss such as emotional distress. Two common methods attorneys and insurers may use to estimate these damages are as follows:

• The multiplier method: The multiplier method is the most common formula used to calculate pain and suffering damages. Using this method, your injury lawyer will calculate your economic losses, or those with an actual dollar value. This number is then multiplied by a number between 1.5 and 5. The more severe your injuries are, the higher the number used to multiply economic damages.
• Per diem method: This formula assigns a daily monetary value to the pain and suffering you have experienced and multiplies it by the number of days you have suffered, or are expected to suffer. When using this method, the daily monetary value is typically based on your daily wages or another reasonable amount.

What factors are considered when calculating pain and suffering damages?

While the above methods provide a guideline for calculating pain and suffering damages, there are many highly subjective factors that can impact the total amount of compensation. These include:

• Severity of injuries: You will suffer greater pain and longer recovery times after suffering very serious injuries. As such, injuries that are more severe can result in higher compensation.
• Impact on your life: If your ability to enjoy the things you did before the accident is greatly impacted by your injuries, it can increase the amount of damages you can pursue.
• Length of recovery period: Longer recovery periods will often cause prolonged pain and suffering, and so, this can help you recover higher amounts of compensation.

How to prove damages for pain and suffering

It is critical to have credible and comprehensive evidence that proves the extent of pain and suffering you have endured, or will endure in the future. This evidence can include:

• Medical records: Medical records provide extensive documentation of your injuries, the treatment required for them, and your expected recovery time. Medical records are some of the strongest evidence when proving damages for pain and suffering.
• Your testimony: Your own account of the level of pain and suffering you are experiencing can offer great insight into your pain and suffering. It is recommended to keep a pain journal throughout your recovery to keep your memory fresh about the nature of injuries and the impact they had on your life.
• Expert testimony: Testimony from experts, such as medical and mental health experts, can confirm the extent of your injuries and how they have affected you.
• Photographs: Pictures of your injuries over time can provide a clear visual image of their severity and progression.

Our injury lawyers can advise on the specific evidence required in your claim to build a strong case.

Our injury lawyers in Massachusetts can help you build a strong case

After an accident, you may be entitled to pain and suffering damages. Determining if you are eligible, calculating these non-economic losses, and proving the extent of them is notoriously complex, however. At Santoro & Gray, our Massachusetts injury lawyers can guide you through the process of filing a claim and provide the legal guidance you need to make the process as easy as possible for you. Call us today or contact us online to schedule a consultation with one of our experienced attorneys and to get the legal help you need.