How much is my personal injury case in Massachusetts worth?
First, you must have a valid personal injury claim. In many situations where someone hurt you on purpose or through carelessness, you may indeed have a claim. There are a few special cases where a standard called "strict liability" is applied, and the simple fact of harm of injury, without regard to either negligence or intentional wrongful act, is sufficient to establish liability.
However, it is important to be aware that not every injury or accident gives rise to a right to compensation. For example, if there were no other parties involved, such as in a one-car accident where there was no issue regarding road or car maintenance, there would no one else who might be liable. Or if someone else was involved, but they were neither negligent (careless) nor intentionally caused you harm, then (unless it was one of those few strict liability cases), there would be no liability and no recovery.
An experienced Massachusetts personal injury lawyer can determine if there is liability, and hence the possibility of compensation, for your injuries. Once liability is established, you have the right to ask for monetary damages in compensation. An attorney can assist you in determining the value of your claim, by calculating what might be appropriate compensation for your injuries. (You can also refer to our article, How Are Personal Injury Damages Calculated in the State of Massachusetts?)
There are many factors to be considered in determining how much a personal injury claim is worth. You may be given "compensatory damages" to compensate for economic (out-of-pocket) losses, such as:
- medical bills (including prescriptions, medical equipment and supplies, and ambulance fees);
- lost wages;
- future medical bills;
- future lost wages; and
- future lost or reduced earning capacity.
Furthermore, you may also be compensated for non-economic damages, such as pain and suffering or loss of enjoyment of life. Future pain and suffering is also compensable.
Finally, in certain cases, you may be able to receive "punitive damages" where a defendant's behavior is so willful and malicious that damages are awarded to punish them for their wrongful conduct.
In personal injury cases, the value of any claim is based on two main elements: first, what a jury would award if the case were tried; and second, what the defendant could pay. There are several factors that come into play in establishing the value of a case:
The Seriousness of the Injury: By far this is the most important factor in establishing damages in a personal injury case. The more serious the injury is, the more a jury would award in damages. Note: that the majority of cases will not actually go to trial. An experienced personal injury attorney will often be able to obtain a substantial out-of-court settlement based on an expectation of what a jury would award the plaintiff.
The Severity of the Accident or Incident:The more severe the event, the easier or more intuitive it is to trace your injuries to it. For example, if a car were totaled in a crash, it would be relatively easy to convince a jury that your significant injuries resulted from the accident. If instead the accident was a low-speed "fender bender," a jury might be disinclined to attribute serious injury or disability to it, and more inclined to look for pre-existing conditions or other causes.
The Amount of Liability Insurance:Unfortunately for the injured party, the ability to receive monetary recovery is typically controlled by the amount of insurance the at-fault party carries. For example, take a wrongful death case where there is only $75,000 in liability insurance and the party at fault does not have any significant personal assets or income. While such a case is typically worth over a million dollars, the $75,000 in insurance may be the only money available. This is another way that having an experienced attorney on your side can be invaluable: if there are assets to be found, an attorney will know how to look for them.
Venue: This is the location where your case will be filed and heard. Generally speaking, in Massachusetts, urban, lower-income jury pools tend to award higher verdicts for damages. Conversely, more affluent, suburban and rural jury pools tend to award lower verdicts
For more articles on personal injuries in Massachusetts, click on the following articles:
What are Personal Injury Cases in Massachusetts?
What Constitutes Negligence In The State Of Massachusetts?
How Are Personal Injury Damages Calculated In The State Of Massachusetts?
Can I File A Personal Injury Lawsuit At Any Time In The State Of Massachusetts?