What is a Reasonable Amount for Pain and Suffering in Massachusetts?
Many personal injury victims in Massachusetts endure great physical pain and emotional anguish. Accordingly, plaintiffs in personal injury lawsuits can recover monetary damages for any pain and suffering related to the harm they incurred.
A reasonable amount for pain and suffering can vary depending on several factors. Typically, when calculating these damages, courts will evaluate the overall impact your injuries have had on your life. For example, in addition to causing immense pain, some injuries may produce detrimental impacts on your ability to engage in familial relationships or enjoy certain hobbies. Such impacts will be considered when determining a reasonable amount of damages for pain and suffering in your case.
If you were hurt because of someone else’s negligent conduct in Massachusetts, get help recovering the full range of compensation available to you. Reach out to our experienced Massachusetts personal injury lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free review of your case.
Factors Used to Determine a Reasonable Amount for Pain and Suffering in Massachusetts
There is a wide range of injuries that can be suffered by victims of personal injuries. These injuries can be very painful and may cause victims to undergo varying degrees of emotional suffering. When determining the amount of pain and suffering damages that should be awarded to a plaintiff, courts will examine the following factors:
- The amount of physical pain caused by your injury
- The amount of physical pain caused by the medical treatment you received
- The detrimental impacts of the physical pain you suffered, such as anxiety, depression, and insomnia
- The detrimental impacts an injury had on your enjoyment of life
A loss of enjoyment of life can refer to a multitude of effects your injury may have had on your life. For instance, limitations experienced in your social life can be factored into a calculation of lost enjoyment of life. Further, your inability to partake in the same hobbies and activities that you enjoyed before your accident will be considered. In any case, our Boston personal injury lawyers can help victims pursue fair compensation for the harm they experienced.
How to Determine a Reasonable Amount for Pain and Suffering in Massachusetts
Courts will typically choose between two methods for determining a reasonable amount of monetary damages for pain and suffering. During your free case review, our Massachusetts personal injury lawyers can further explain how the following methods work and determine which one may apply to your lawsuit:
The multiplier method is a common way of calculating damages for pain and suffering. Under this method, the financial losses you incurred will be multiplied by a number between 1.5 and 5. This number will be reached by assessing the extent of injuries you suffered and their impacts on your life. The more harmful your injury, the greater your multiplier will be.
For instance, if you suffered a highly painful and debilitating injury because of a slip and fall accident, you may receive a multiplier of 4.5. In that case, if the cost of medical expenses and other financial losses you sustained was $15,000, then that number will be multiplied by 4.5 to determine a reasonable amount for pain and suffering damages.
Per Diem Method
The per diem method is the other method used to determine reasonable amounts for pain and suffering damages in Massachusetts. When applying the per diem method, courts will apply a certain dollar amount to each day you endured physical pain and emotional anguish. Finding an accurate per diem rate for pain and suffering can be a complicated process. Additionally, this method can be less useful when valuing an injury’s long-term effects. You should contact our experienced Chelsea personal injury lawyers for assistance when fighting for a reasonable per diem rate for pain and suffering damages in your case.
Evidence Used to Recover a Reasonable Amount for Pain and Suffering in Massachusetts
When seeking a reasonable amount for pain and suffering, you must gather evidence to support your claims. There are several forms of evidence that can be used to demonstrate the negative impacts an injury had on your life. Our Massachusetts personal injury lawyers can help gather and preserve any of the following types of evidence in your case:
Proper documentation of your injuries is necessary in order to recover damages for pain and suffering. Therefore, after suffering an accident, you should seek medical treatment right away. Defendants and their insurance companies may use a delay in treatment to say that you were not truly hurt. Our team can help find the right doctors for you.
When seeking damages for pain and suffering, you should also keep a journal that chronicles your road to recovery. Journal entries can be used to demonstrate the discomfort you experienced because of your injury. Additionally, notes from your journal can help establish the negative impacts your injury has had on your quality of life. Our experienced Danvers personal injury lawyers can help effectively utilize your journal notes when seeking compensation for pain and suffering.
Photos of Your Injuries
Photos of your injuries are another form of evidence that can be used when pursuing financial compensation for pain and suffering. You should take photos of your injuries as they progress through the various stages of recovery. These photos can help emphasize the severity of the harm you suffered.
Documentation from Your Employer
Lastly, many personal injury victims must spend time away from work while they recover. Furthermore, some injured parties are permanently restricted in the type of work they can perform. Notes from your employer that attest to the time you missed or the limitations you experienced can help when seeking a reasonable amount of damages for pain and suffering in your lawsuit.
If You Suffered a Personal Injury in Massachusetts, Our Attorneys Can Help
If you were injured because of someone else’s negligent conduct, seek guidance and support from our experienced Framingham personal injury lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free review of your case.