Of course, when a plaintiff is dealing with long-term or permanent disability, it’s difficult to estimate what that plaintiff’s medical expenses will be in the future.
Nevertheless, personal injury plaintiffs usually ask for and frequently receive the following compensatory damages:
Medical expenses: Personal injury plaintiffs whose lawsuits prevail are almost always compensated for the medical treatment required after an accident. The reimbursement should also include reasonable projected expenses for any needed treatment in the future.
Lost income: Plaintiffs who prevail are typically compensated for income lost due to the injury and for any loss of earning capacity in the future. Even if a plaintiff was not employed, under the Massachusetts doctrine of “Loss or Diminution of Earning Capacity,” injured plaintiffs may be compensated for their loss of future earning capacity.
Suffering and pain: Plaintiffs whose injury lawsuits prevail are typically compensated for the suffering and pain they face when experiencing an injury and immediately afterward. If the pain caused by the accident persists, that pain will also be taken into account in a settlement or verdict, and emotional distress may be compensated as suffering.
Disfigurement: When a plaintiff has been scarred, disfigured, or has undergone amputation, and the plaintiff’s lawsuit prevails, he or she may be compensated “fairly” for the alteration of appearance and the consequences of that change in the plaintiff’s life.
Consortium: Loss of consortium damages are usually paid if marital sexual intimacy has been impaired by injury or injuries. Claims for “Loss of Parental Society” also allow minors to recover for the loss of enjoyment, companionship, and emotional support caused by a parent’s injury or injuries.
Because the compensatory damages for pain, suffering, and loss of consortium are not linked to actual monetary losses, it’s difficult for anyone to put a final dollar figure on those damages.
Massachusetts law provides no guidelines or formula.
Attorneys aren’t allowed to suggest an amount. Personal injury jurors in this state must use their best judgment to arrive at a fair and reasonable final compensation amount.