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If you have been injured by another person’s negligence, you are entitled to recover for past, present, and future pain and suffering. In other words, you are entitled to the fair and adequate compensation for the pain and suffering caused by the physical injuries themselves. These damages can be substantial – totaling millions of dollars in some cases – and can include large amounts of money damages for mental pain and suffering, such as apprehension, provided that you submit to a mental examination upon the defendant’s request.
Unless the jury can use its common knowledge to link your injuries to the defendant’s negligent conduct, you’re going to need some sort of expert testimony making that link for the jury in order to recover a substantial monetary award. Typically, you’ll need a doctor to testify that your injuries are consistent with the defendant’s negligent conduct, or similar expert testimony.
Massachusetts car accident cases are subject to special rules and limitations (note: These limitations only apply to your pain and suffering damages. You are free to prove other damages without regard to these limitations):
First, you can only recover for pain and suffering arising out of a car accident if your reasonable and necessary medical expenses are $2,000 or more. You have the burden of proving that your medical expenses were reasonable and necessary, which typically involves showing that the treatment was legitimately given by competent medical personnel to treat the injuries caused by the defendant’s negligence. You may need an expert to testify about these things if your injuries are not easy to see or the judge doubts the legitimacy of the treatment. Our Boston accident lawyers have a team of medical experts who can assist you in proving damages.
Second, even if your medical bills are less than $2,000, the pain and suffering injuries caused by the car accident are recoverable and can result in substantial monetary damages if your injuries consisted of: 1) death, 2) partial or full loss of a body part, 3) partial or full permanent and serious disfigurement, 4) loss of sight or hearing, or 5) bone fractures.
These limitations may not apply if the vehicle that injured you was publicly owned and operated.
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