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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 price-tagged, financial loss caused either by damage to property or by high medical bills. The latter type are “economic” damages.

In Massachusetts, pain-and-suffering claims must usually be filed alongside economic claims. In the case of car accidents, medical claims must exceed $2000 before a pain-and-suffering claim may also be filed. For car accidents, Massachusetts law also expects victims to rely on their own, or the at-fault party’s, insurance coverage before suing.

Some states put “caps” on non-economic damage claims. In Massachusetts, there are no such caps, except in the case of medical malpractice. In medical malpractice cases, there is a cap of $500,000 that can be awarded in 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.

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