Personal injury claims in Massachusetts can arise from a variety of situations, including car accidents, slip and fall accidents, medical malpractice, and defective products. If you have been injured due to someone else’s negligence or wrongful conduct, you may be entitled to compensation for your injuries and losses. But what damages can you recover in a Massachusetts personal injury claim? In this article, we will explore the types of damages that may be available in a personal injury case and how they are calculated.
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Economic Damages
Economic damages refer to the financial losses that you have incurred as a result of your injuries. These damages are generally more objective and can be proven with documentation, receipts, and other evidence. Some examples of economic damages that you may be able to recover in a Massachusetts personal injury claim include:
Medical Expenses
You may be entitled to recover the cost of past and future medical expenses that you have incurred or will incur as a result of your injuries. This can include hospital bills, doctor’s visits, physical therapy, medications, and any other necessary treatment.
Property Damage
If you were involved in a car accident or another type of accident that caused damage to your property, such as your car or personal belongings, you may be able to recover the cost of repairing or replacing the damaged items.
Lost Wages
If your injuries have caused you to miss time from work, you may be able to recover the wages that you have lost. This can include both past and future lost wages.
Non-Economic Damages
Non-economic damages refer to the non-financial losses that you have suffered as a result of your injuries. These damages can be more subjective and can be more difficult to quantify. Some examples of non-economic damages that you may be able to recover in a Massachusetts personal injury claim include:
Pain and Suffering
If you have experienced physical pain, discomfort, or emotional distress as a result of your injuries, you may be able to recover damages for pain and suffering. These damages are intended to compensate you for the intangible and non-financial losses that you have suffered.
Loss of Consortium
If your injuries have affected your relationship with your spouse, you may be able to recover damages for loss of consortium. These damages are intended to compensate your spouse for the loss of companionship, services, and affection that they have suffered as a result of your injuries.
Loss of Enjoyment of Life
If your injuries have prevented you from participating in the activities that you enjoy, you may be able to recover damages for loss of enjoyment of life. These damages are intended to compensate you for the loss of the ability to pursue hobbies, interests, and other activities that give you pleasure.
Punitive Damages
In some cases, you may be able to recover punitive damages in a Massachusetts personal injury claim. Punitive damages are intended to punish the defendant for their conduct and to deter others from engaging in similar conduct in the future. However, punitive damages are only available in cases where the defendant’s conduct was particularly egregious or malicious.
Calculating Damages
Calculating damages in a personal injury case can be a complex process. Your attorney will need to gather evidence, such as medical records, bills, and testimony from medical experts, to determine the extent of your injuries and the financial and non-financial losses that you have suffered. Your attorney will then use this evidence to calculate the damages that you are entitled to recover.
In some cases, the parties may be able to reach a settlement agreement without going to trial. If a settlement cannot be reached, your case may proceed to trial, where a judge or jury will determine the amount of damages that you are entitled to recover.
The Bottom Line
If you have been injured due to someone else’s negligence or wrongful conduct, you may be entitled to compensation for your injuries and losses. The types of damages that you can recover in a Massachusetts personal injury claim include economic damages, non-economic damages, and punitive damages. The exact amount of damages that you are entitled to recover will depend on the specific facts of your case and the evidence that your attorney is able to gather.