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What Damages Can I Recover Through My Personal Injury Claim? (Part A)

A car accident is the primary cause of most Massachusetts personal injury lawsuits. A personal injury claim is a tort law and occurs when someone else's negligence causes harm to you through physical, emotional or monetary means. Consulting with a Massachusetts personal injury attorney can help you to determine the type and amount of damages you can recover from a claim.

Massachusetts Personal Injury Lawsuits

The compensation you can collect from a personal injury lawsuit is referred to as damages. To file a Massachusetts personal injury claim and receive compensation, your Massachusetts personal injury attorney must demonstrate that someone else's carelessness wronged you by way of a preponderance of evidence, or most convincing burden of proof.

Providing your attorney with all the specific accident details relevant to your case will be imperative to receiving a successful outcome for your claim.

Specifically in Massachusetts, personal injury claims usually involve no-fault insurance, meaning each driver receives compensation from their insurance company except in the case of more severe injuries. The compensation available from Massachusetts personal injury lawsuits fall into 2 categories, economic or non-economic damages.

Economic Damages in a Personal Injury Claim

You can receive economic damages if you've experienced loss of income or have incurred medical expenses because of your personal injury. In Massachusetts, you are responsible for purchasing personal injury protection, or PIP, which is insurance that covers damages in accidents.

Your insurance company is required to pay for your damages-and your damages only-to the extent of the limits on your policy, according to the no-fault system in Massachusetts.

While it is customary for your no-fault insurance policy to cover your medical expenses and as much as 75% of any income lost (up to $8000) attributable to the accident, the actual amount covered by your insurance company will depend on whether you also have a health and/or disability insurance policy through your employer.

If the amount you receive from your insurance company is not enough to cover the extent of your damages and accident injuries, you can file a Massachusetts personal injury lawsuit against the other driver or party liable for your accident to receive further compensation.

Important Caveat in Your No-Fault Insurance Coverage

Since your automobile insurance company guarantees they will pay for your damages and personal injuries (up to your policy's limits), you can only pursue a claim against them for severe personal injuries. This kind of a claim is referred to as a bodily injury claim.

A bodily injury claim against your insurance company is necessary when:

• Your medical expenses exceed $2000; OR
• You have suffered serious disfigurement; a fracture; loss of a limb(s); loss of sight or hearing; or
• The accident resulted in death

At this point, it is critical to consult an experienced personal injury attorney, especially since most injuries worsen over time and may require life-long care. A skilled accident attorney knows to take all of this into consideration when preparing your case and negotiating a settlement.

Non-Economic Damages in a Personal Injury Claim

Apart from monetary loss, personal injury claims also account for emotional damages that cannot be measured financially. As a victim of negligence you are eligible to recover damages, such as pain and suffering, which can be both physical and mental. Any distress you endure as a result of your injuries may be classified as non-economic damages which will allow you to seek compensation.

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