When it comes to personal injury cases in Boston, MA, compensation for pain and suffering can vary depending on various factors. Pain and suffering refer to the physical and emotional distress experienced as a result of an injury caused by someone else's negligence.
Unlike economic damages, such as medical expenses and lost wages, which have a clear monetary value, determining the value of pain and suffering is more subjective. It typically takes into account the severity of the injury, the impact on the victim's daily life, and the long-term consequences.
There are two common methods used to calculate compensation for pain and suffering:
Multiplying Economic Damages: This method involves multiplying the economic damages (such as medical bills and lost wages) by a certain factor. The multiplier is usually between 1.5 and 5, depending on the severity of the injury and the extent of the pain and suffering endured. For example, if the economic damages amount to $50,000 and a multiplier of 3 is used, the compensation for pain and suffering would be $150,000.
Per Diem Method: With this approach, a daily rate is assigned to the pain and suffering endured by the victim. The rate is then multiplied by the number of days the victim experienced pain and suffering. For instance, if a daily rate of $200 is determined and the victim suffered for 200 days, the compensation for pain and suffering would be $40,000.
It's important to note that Massachusetts law does not impose a cap on the amount of compensation for pain and suffering in personal injury cases. However, the specific circumstances of each case, as well as the skill of your attorney, can influence the final settlement or verdict.
References:
Massachusetts.gov - Understanding Personal Injury Awards and Settlements
Nolo - How Insurance Companies Calculate Damages