Are You A Victim of Pain and Suffering
Entitled to Damages in Massachusetts?
Massachusetts is home to several of our country’s most historical dwellings, including the House of Seven Gables, the Robbins House, and Louisa May Alcott, Paul Revere, and Ralph Waldo Emerson. But if your house has not stood the test of time, totaled your automobile on America’s Technology Highway, slipped your way home by a Strawberry Festival, or were hurt by a product from the original Silicon Valley, you ought to know you can be entitled to compensation from pain and suffering damages in Massachusetts.
The table and accompanying explanations below will provide you with additional information on pain and distress damages in Massachusetts.
■ 3 years for many promises (Mass. Ch.
■ 6 years out of construction for construction defect (Mass. Ch. 260, § 2B)
■ 3 years for lawsuits against the country (Mass. Gen. Laws Ann. Ch.
Limitations on Damages
■ $500,000 in many instances (Mass. Gen. Laws Ann. Ch. 231, § 60H)
■ No-Fault Insurance minimums should first be exceeded in automobile collision claims (Mass. Ch. 231, § 6D)
■ Non-economic damages in third-party worker’s comp claims have to be passed onto employees (473 Mass. 624)
(Mass. Gen. Laws Ann. Ch. 231, § 85) 51% Comparative Negligence
Pain and Suffering Damages
Suppose you or a loved one has been injured as a result of medical malpractice, a car crash, a fall, defective structure, an animal bite, or from some other fault of someone else. In such case, you may be entitled to both monetary damages and pain and suffering damages. While financial damages are intended to compensate you for medical bills, lost income from time away from work, along with other economic losses, pain and distress damages are different.
Pain and distress damages are meant to compensate you for:
■ Emotional distress
■ Reduction of companionship
■ Additional nonpecuniary injuries
In ancient 2016, the Massachusetts court ruled those non-economic damages awarded in third-party worker compensations cases have to be passed onto the employee.
Except for in cases where the jury decides there is a significant or permanent reduction or significant disfigurement or impairment of a bodily function or, or other exceptional circumstances exist which warrant a finding that imposing the limitation would deprive the person bringing a suit of just compensation for the injuries suffered, the Massachusetts legislature covers damages for pain and suffering at $500,000 in medical malpractice cases.
Most lawsuits for any suffering and damages from pain must be brought within three years. This time limit is referred to as a statute of limitations. Nonetheless, in the case of construction flaw, the injury claim time limitation applies but asserts also must be filed within six decades of construction.
Modified Comparative Negligence and Other Limits to Recovery
Massachusetts has the”51% Bar Rule,” In general, also known as “modified comparative negligence.” This rule permits an injured party who’s partially responsible for their particular injury to recover damages still as long as the wounded party’s error is not any more significant than the defendant.
If you were personally injured in a Massachusetts car accident, be mindful that Massachusetts requires all drivers to carry “no-fault” insurance–or “Personal Injury Protection (PIP)–that prevents injured parties by bringing any action for pain and suffering against another motorist unless monetary compensation exceeds $2,000, causes death, induces the complete or partial loss of a body component, causes partial or total permanent and serious disfigurement, or leads to the loss of sight or hearing.
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Massachusetts has a rather specific limitation on recovery in medical malpractice cases in which more than one individual claim pain and suffering damages from the same act of medical malpractice. If the entire award exceeds $500,000, every plaintiff’s recovery will be reduced to a percentage of $500,000 proportionate to this plaintiff’s share of the overall compensation.
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For instance, in the event, you and your sibling claiming pain and suffering brought a lawsuit after a time when your parent was injured by medical malpractice, and a jury awarded you $300,000. A second jury awarded your cousin $300,000, unless a jury made the specific finding discussed above, and assuming the court decided that you and your sister had been every owed equal share of the damages from your parent’s harm, both you and your sister’s damage awards could be reduced to $250,000 each year.
Talk to an Attorney near you About Filing a Pain and Suffering Claim
Can the medical malpractice limitations leave you completely confused? Can you think you are not fairly compensated for the pain and suffering you’ve experienced from an accident? You may choose to speak with a legal professional. Get started now and discover an experienced Massachusetts accident lawyer near you.
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