How Much Can You Sue for a Punctured Lung in Massachusetts?

Injury claims can be worth quite a bit of compensation, depending on their severity and how they occurred. Claims related to punctured lungs may be worth substantial compensation for several reasons. Not only are these painful and complicated injuries, but they often occur in relation to devastating accidents. Speak to an attorney about what your claims might be worth as soon as possible.

Financial compensation for a punctured lung should adequately cover the costs of the injury (e.g., medical bills) in addition to various non-economic injuries, like pain, suffering, and distress. These factors vary from case to case, but they may be quite substantial in your case, as a punctured lung tends to be a serious injury. You might encounter legal limits on your damages depending on how your injury occurred. For example, if your lung was punctured because of a doctor’s medical negligence, your non-economic damages might be capped at $500,000. The best way to maximize your claim and get the most compensation possible is to get help from an experienced attorney.

Contact our Massachusetts personal injury attorneys at the Law Office of John J. Sheehan to get a free case review by calling our offices at (617) 925-6407.

Financial Compensation for a Punctured Lung in Massachusetts

The exact value of a claim for a punctured lung varies from case to case. There is no single answer to the question of what a punctured lung might be worth. It largely depends on how bad the injury is and the toll it takes on the victim. More serious injuries that come with lasting complications are more likely to be worth greater compensation than a relatively minor injury that fully recovers.

A punctured lung may be a severe injury. If it is not treated immediately, the victim may experience severe respiratory issues that could result in death. Many who get emergency treatment end up living with long-term breathing complications. Even a minor punctured lung might still be a pretty serious injury, and you should not discount the value of your claims just because you were fortunate enough to fully recover.

Compensation also depends on how you choose to pursue legal action. Are you filing an insurance claim or a lawsuit? Insurance companies tend to resist awarding claimants the full value of their claims. They often try to find any excuse to deny or reduce a claim, and it is harder to get fair compensation. On top of that, many insurance companies downplay non-economic damages or do not cover them at all. On the other hand, a court of law will award whatever damages are fair, even if they are very high, including non-economic damages. As such, our Massachusetts personal injury attorneys might have better odds of getting you more compensation in court than through insurance.

Possible Limits on Damages for a Punctured Lung in Massachusetts

In Massachusetts, there are generally no statutory damage caps or limitations for damages. However, specific types of claims might fall under other laws limiting the compensation amount a plaintiff may recover. In many personal injury claims, there are no limits on damages. However, if your lung was punctured as part of a medical procedure by a negligent doctor, your case might be a medical malpractice claim, which is subject to certain limitations.

Limitations on Damages

In cases where a punctured lung occurs because of a bad accident (e.g., a car crash, work injury, or defective power tool), there are likely no limits on the damages a plaintiff may be awarded. No laws or statutes expressly limit your economic or non-economic damages. However, this cannot be said of all possible accidents.

If you experienced a punctured lung because of a negligent doctor, you might have a medical malpractice case on your hands. For example, maybe you needed surgery, but the surgeon negligently punctured your lung. In such a case, your non-economic damages are limited under Mass. Gen. Laws Ch. 231 § 60H. In a medical malpractice claim, you may not recover more than $500,000 in non-economic damages.

Additionally, damages, in general, may be limited in ways that are not necessarily set by statute. For example, economic damages are limited only by your actual costs. If you spent $25,000 on medical care, you may claim every penny of that $25,000, but not more. Non-economic damages are more subjective but must be proportionate to the case. Excessive awards may be reduced by the judge.

Collateral Source Rule

In some cases, an injured victim might receive compensation from multiple sources. For example, you might get coverage through health insurance when you go to the hospital. You might also be awarded damages in a lawsuit against the defendant. The fact that you received compensation from your health insurance does not mean you cannot claim the full value of your medical bills from the defendant.

The collateral source rule, under § 60G, holds that if you receive compensation from a collateral source (e.g., insurance), you may still claim the full value of your damages. For example, if you spent $10,000 because of your punctured lung and your health insurance covered $7,000, you may still claim $10,000 from the defendant. However, if you win your lawsuit, your insurance company may file a subrogation claim to get back the money that was given to you since the defendant has fully covered your damages.

How to Maximize the Value of a Claim for a Punctured Lung in Massachusetts

To make sure you get all the compensation you need and deserve, you need the strongest evidence possible. Not only do you need evidence showing how the defendant is directly responsible for your injury, but you also need evidence establishing exactly how much your injuries cost you. This might include medical records, testimony from witnesses, receipts and invoices regarding other expenses, and more. You might also need to testify about your experiences. Remember, only you can explain how your injuries have impacted your daily life.

Contact Our Massachusetts Personal Injury Attorneys for Support Today

Contact our Medford, MA personal injury lawyers at the Law Office of John J. Sheehan to get a free case evaluation by calling our team at (617) 925-6407.