If you were seriously injured but you have adequate health insurance, you may assume that the financial impact of recovering will be minimal. Within a matter of days, though, it will probably become clear that medical bills are far from the only cost you are going to incur.
If the injuries keep you out of work, for example, it might take just one missed paycheck to threaten your family’s financial security. Fortunately, you have the right to pursue compensation for lost wages—and other applicable damages—by filing a personal injury claim.
Attorney Scott Charnas has helped hundreds of clients throughout New York and Massachusetts recover sizable settlements for the damages they incurred due to other people’s negligence. Call 212-980-6800 to schedule a free case evaluation with an accident lawyer in Massachusetts.
Types of Damages Recoverable in Massachusetts Personal Injury Claims
In the state of Massachusetts, personal injury victims can recover compensation for both economic and non-economic damages. Economic damages are objectively verifiable costs associated with treating or living with the injuries. Examples of economic damages include:
- Hospital bills;
- Future medical expenses;
- Lost wages and benefits;
- Loss of earning capacity;
- Property damage;
- Home care;
- Mobility aids; and
- Vehicle modifications.
Non-economic damages are intangible. They can be challenging to recover without the help of a skilled personal injury lawyer, but they can make up a significant portion of your final settlement. Examples of non-economic damages include:
- Pain and suffering;
- Disfigurement;
- Disability;
- Loss of consortium or companionship;
- Mental anguish and emotional distress; and
- Loss of enjoyment of life.
Caps on Damages in Massachusetts Personal Injury Cases
In the state of Massachusetts, there is a cap on the total amount of compensation a claimant can recover for non-economic damages if he or she was the victim of medical malpractice. When suing negligent healthcare providers, plaintiffs may usually only recover up to $500,000 for pain and suffering; however, there are some exceptions to this cap.
For example, you might be able to recover more than $500,000 for non-economic damages in a medical malpractice claim if you can prove that you suffered:
- A permanent or significant impairment or loss of a bodily function;
- Significant disfigurement; or
- Such extensive trauma that the cap would deprive you of securing a fair settlement.
In personal injury cases that do not involve medical malpractice, there is no such cap. To recover any funds for non-economic damages, though, claimants need to prove that they suffered emotional trauma in addition to any physical wounds. This is where a seasoned accident attorney can help.
Call 212-980-6800 to Speak with a Personal Injury Attorney in Massachusetts
If you were hurt because of someone else’s negligence, turn to Charnas Law Firm to determine the most strategic way to proceed. Attorney Scott Charnas has recovered nearly $50 million for accident victims and their loved ones. Call 212-980-6800 to schedule a free consultation with an injury lawyer in Massachusetts.