Does Massachusetts allow pain-and-suffering claims?

Massachusetts allows pain-and-suffering claims in some cases and up to a certain amount. Pain-and-suffering claims are “non-economic” in that they are not seeking to compensate for a financial loss, such as damage to property, medical bills or lost income, which are “economic” damages.

In Massachusetts, pain-and-suffering claims must usually be filed alongside economic claims. In the case of car accidents, the medical expenses must exceed $2000 before a pain-and-suffering claim may be filed. For car accidents, Massachusetts law also expects victims to rely on their own no-fault insurance coverage for medical expenses before suing.

Some states put “caps” on non-economic damage claims. In Massachusetts, there is no cap, except in medical malpractice cases, where there is a cap of $500,000 for pain-and-suffering claims.

If you are seeking compensation for the financial and emotional toll of an injury, call our office today to discuss your options.