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After a car accident, pain and suffering refer to the physical pain and emotional distress caused by your injuries. It’s not just medical bills and paperwork you’re dealing with; there’s often a physical and emotional toll that lingers long after the crash. Unlike medical bills and lost wages, which are economic damages that come with a financial backlog, these experiences don’t come with a receipt. Pain and suffering include things like ongoing discomfort, anxiety, or the ways your life has been disrupted beyond just financial losses.
In the Commonwealth of Massachusetts, you may be able to pursue pain and suffering damages after a crash if your injuries meet certain legal requirements. If you’re unsure whether your situation qualifies, a Boston car accident lawyer at DiBella Law Injury and Accident Lawyers can help you understand your options.
- Pain and suffering in a car accident refers to the physical pain and emotional distress caused by your injuries.
- In the Commonwealth of Massachusetts, you can only pursue pain and suffering damages if you meet the tort threshold.
- There is no fixed formula for calculating pain and suffering, but its value is based on how your injuries impact your daily life.
What Qualifies as Pain and Suffering After a Car Accident?
Pain and suffering generally fall into two categories: physical pain and emotional distress. Both can affect your life in ways that aren’t always visible from the outside.
Physical pain includes the ongoing discomfort or limitations caused by your injuries. Even relatively common injuries can make everyday tasks more difficult in the following ways:
- Chronic pain
- Reduced mobility
- Need for ongoing treatment or physical therapy
Emotional suffering, though harder to see, is just as real. These challenges can affect your relationships, your ability to work, and your overall sense of well-being. Many people experience:
- Anxiety
- Depression
- Post-traumatic stress
- Sleep disturbances
- New fear of driving
Pain and suffering can also include lasting effects like scarring, disfigurement, or the loss of enjoyment in activities you once loved. If your injuries have changed how you live your day-to-day life, that impact may be considered as part of your claim.
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When Can You Pursue Pain and Suffering in a Massachusetts Car Accident Case?
In Massachusetts, car accident claims are subject to the state’s no-fault system. Your own Personal Injury Protection (PIP) coverage generally pays certain medical expenses and a portion of lost wages regardless of who caused the crash. However, you can pursue pain and suffering damages against the at-fault party only if you meet the statutory threshold. In most cases, that means either your reasonable and necessary medical expenses exceed $2,000, or you suffered an injury involving death, fracture, loss of a body member, permanent and serious disfigurement, or certain loss of sight or hearing.
Under Massachusetts’ modified comparative negligence rule, your compensation may be reduced by your percentage of fault if you are partially responsible for the accident. If you’re more than 50% at fault, you may be barred from recovering compensation.
How Is Pain and Suffering Calculated in a Car Accident Case?
Contact DiBella Law About Your Car Accident Claim
It’s normal to have questions about what your experience is worth after a car accident, especially when it comes to pain and suffering. These damages can have a real, lasting impact on your life, and understanding your options is an important step forward.
At DiBella Law Injury and Accident Lawyers, we take the time to listen, answer your questions, and help you understand what your claim may include, because every case is personal.
We offer a free consultation, and you won’t pay any fees unless we win your case. Call 855-342-3552 or contact us online to get started.
