{"id":374046,"date":"2016-11-25T13:09:53","date_gmt":"2016-11-25T18:09:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/pain-and-suffering-damages-in-massachusetts.html"},"modified":"2018-12-13T01:00:00","modified_gmt":"2018-12-13T06:00:00","slug":"pain-and-suffering-damages-in-massachusetts","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/pain-and-suffering-damages-in-massachusetts.html","title":{"rendered":"Pain and Suffering Damages in Massachusetts"},"content":{"rendered":"\n
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Pain and Suffering Damages in Massachusetts<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Massachusetts is home to several of our nation’s most historic dwellings, including the House of Seven Gables, the Robbins House, and the homes of Louisa May Alcott, Paul Revere, and Ralph Waldo Emerson. But if your home has not stood the test of time, totaled your car on America’s Technology Highway, slipped on your way home from a Strawberry Festival, or were injured by a product from the original Silicon Valley, you should know that you may be entitled to pain and suffering damages in Massachusetts.<\/p>\r\n

The table and accompanying explanations below will provide you with additional information on pain and suffering damages in Massachusetts.<\/p>\r\n\r\n

Statute of Limitations<\/b><\/p>\r\n<\/td>\r\n

\u2022 3 years for most claims (Mass. Gen. Laws Ann. ch. 260, \u00a7 4<\/a>)<\/p>\r\n

\u2022 6 years from construction for construction defect (Mass. Gen. Laws Ann. ch. 260, \u00a7 2B<\/a>)<\/p>\r\n

\u2022 3 years for lawsuits against the state (Mass. Gen. Laws Ann. ch. 260, \u00a7 3A<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Limits on Damages<\/b><\/p>\r\n<\/td>\r\n

\u2022 $500,000 in most cases (Mass. Gen. Laws Ann. ch. 231, \u00a7 60H<\/a>)<\/p>\r\n

\u2022 No Fault Insurance minimums must first be exceeded in car accident claims (Mass. Gen. Laws Ann. ch. 231, \u00a7 6D<\/a>)<\/p>\r\n

\u2022 Non-economic damages in third party worker’s comp claims must be passed onto workers (473 Mass. 624<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Other Limits<\/b><\/p>\r\n<\/td>\r\n

51% Comparative Negligence (Mass. Gen. Laws Ann. ch. 231, \u00a7 85<\/a>)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Pain and Suffering Damages<\/h2>\r\n

If you or a loved one has been injured due to medical malpractice, a car accident<\/a>, a fall<\/a>, defective construction<\/a>, an animal bite<\/a>, or by some other fault of another person<\/a>, you may be entitled to both monetary damages and pain and suffering damages. While monetary damages<\/a> are intended to compensate you for medical bills, lost income from time away from work, and other economic losses, pain and suffering damages are different.<\/p>\r\n

Pain and suffering damages are intended to compensate you for:<\/p>\r\n