I recently suffered an injury in a car accident on Route 9 near Westborough. I know I have to consult with a car accident lawyer, but in general, under Massachusetts law, what is best case scenario for what I will be entitled to for damages? I have medical expenses and have missed work. I will likely have permanent pain in my right leg. The driver of the other car was cited by the Westborough Police for reckless driving among other things.
You would be able to recover your medical expenses and lost wages from your own insurance company in any event up to your coverage limits. If your specific damages exceed those limits, you probably have crossed the threshold for a pain and suffering damages claim under the statute. G.L. c. 231, §6D governs when you can recover for pain and suffering damages. It specifies that you are able to recover pain and suffering damages only where the accident causes death, loss of a body member (in whole or in part), permanent and serious disfigurement, loss of sight or hearing, a fracture, or reasonable and necessary medical expenses of at least $2,000. It is not apparent from your question that you have suffered any of the injuries that would qualify you to claim pain and suffering damages at the outset, regardless of the amount of medical expenses. Therefore, you would not be able to recover for your pain and suffering until your reasonable and necessary medical expenses crossed the threshold amount.
Westborough Car Accident Lawyers at Reardon, Joyce & Akerson, PC represents clients in car accidents and personal injury claims throughout Worcester County and Central Mass including the communities of Shrewsbury, Marlborough, Northborough, Westborough, Leominster, Fitchburg, Clinton, Auburn, Oxford, Spencer, Boylston, Holden, Paxton, Ware, Worcester, Millbury, Grafton, Rutland, Sutton, Webster, Sterling, Lancaster, West Boylston, Leicester, Hudson, Charlton, Southbridge, Bolton, Barre, Hubbardston, Sturbridge, Brimfield, Princeton, Gardner, Milford, Uxbridge, Upton, Lunenberg, Ashburnham, Northbridge, Ashby, Harvard, Westminster, Winchendon, Dudley, and Brookfield.