Is It Possible to Sue for Emotional Distress?

If you or a family member was seriously injured in a preventable accident, like a car wreck, that was caused by the careless or reckless actions of another, it may be possible to pursue financial restitution for the emotional distress, anxiety, mental anguish, and other forms of pain and suffering endured after the accident. 

Calculating the Recoverable Damages for Your Emotional Distress, and Other Pain and Suffering Endured After an Accident

The damages a plaintiff can pursue for their pain, suffering, emotional distress, etc. are considered “non-economic damages.” Basically, this means these types of damages are not easily calculable. There is typically no invoice or itemized bill for the emotional distress, mental anguish, etc. an individual suffered after a car accident, truck accident, etc. As a result, it can be difficult to provide an accurate estimate for the amount of pain and suffering damages you can expect to receive after an accident. Properly assessing the potential pain and suffering damages that can be recovered is unique and fact-dependent for each case. This is why it makes sense to speak to an experienced Worcester personal injury attorney so they can help you through this complex process.

Examples of Evidence that Can Be Presented in a Claim to Show Your Pain and Suffering Damages

Significant, potentially catastrophic injuries that require a prolonged healing period and/or multiple surgeries are more likely to obtain large damage awards for pain, suffering, emotional distress, etc. 

In a personal injury case, you will probably need to introduce evidence of the following to ensure you have sufficient legal grounds to seek financial restitution for your pain and suffering: 

• Copies of your medical records;
• Copies of medical bills and invoices, including bills related to physical therapy and/or surgery;
• Records showing your time missed from work; and
• Testimony from friends and family members describing the impact the injury had on you

Limits on Pain and Suffering Damages in Massachusetts

It is important to note that, in Massachusetts, there is generally a requirement that car accident medical damages be in excess of $2,000 for a plaintiff to pursue a pain and suffering damages claim, known as the tort threshold. Though, there are certain situations where a pain and suffering damages award may be appropriate when you do not have massive medical expenses, including:

• Losing a loved one in an accident;
• Having a limb amputated; 
• Permanent or serious disfigurement such as scarring; or
• Loss of sight or hearing

Statutory Cap on Pain and Suffering Damages

There is no statutory cap on pain and suffering damages for most personal injury claims. However, there is a statutory cap of $500,000 in place for medical malpractice injury claims.

Have Questions About Your Legal Rights After Getting Injured in a Serious Accident in Massachusetts? Contact the Law Firm of Eden Rafferty Today 

The potential damages you can recover for your pain, suffering, emotional distress, etc. damages are unique and depend primarily on the facts in your particular case. This is why it makes sense to schedule a free, confidential case review with an experienced personal injury lawyer with the Law Firm of Eden Rafferty. Our law firm is comprised of trusted and respected personal injury attorneys with over eight decades of experience in achieving results for clients.