Calculating damages for personal injuries in Boston, MA involves considering various factors. Here are the key steps:
Economic Damages: Start by calculating the economic damages, which are the tangible financial losses resulting from the injury. These may include:
Medical expenses, such as hospital bills, doctor visits, medications, and rehabilitation costs. For example, if the total medical expenses amount to $10,000, this would be included as economic damages.
Lost wages or income due to the injury. For instance, if the injured person was unable to work for a month and their monthly salary is $3,000, the lost wages would be $3,000.
Property damage, if applicable. For example, if the injury occurred in a car accident and the person's vehicle was damaged, the cost of repairs or replacement should be included.
Non-Economic Damages: In addition to economic damages, non-economic damages are also considered. These are subjective losses that are not easily quantifiable but still have value. Some examples include:
Pain and suffering experienced by the injured person. This can vary based on the severity of the injury and its impact on daily life.
Emotional distress caused by the accident and subsequent injuries.
Loss of enjoyment of life, if the injury has affected the person's ability to participate in activities they previously enjoyed.
Punitive Damages: In certain cases where the defendant's behavior is deemed particularly reckless or intentional, punitive damages may be awarded. These damages are meant to punish the defendant and deter similar behavior in the future.
Comparative Negligence: It's important to consider comparative negligence laws in Massachusetts. If the injured person is found partially at fault for the accident, their damages may be reduced proportionally.
Consulting Professionals: Calculating damages accurately can be complex, and it's advisable to consult with a personal injury attorney who specializes in Boston, MA cases. They can provide guidance, assess the specific circumstances, and help determine an appropriate value for the damages.
It's worth noting that the calculation of damages may vary depending on the specific details of the case. Consulting legal resources, such as the Massachusetts General Laws, Chapter 231, Section 6D, can provide additional information and references relevant to personal injury damages in Boston, MA.