“Pain and Suffering” Case in Massachusetts: What to Know

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In Massachusetts, a controversial case involving “pain and suffering” has been making headlines and stirring up debate. While some argue that pain and suffering should be included in compensation for an injury’s emotional and mental toll, others claim that such compensation is subjective and leads to frivolous lawsuits.  

In this article, we will explore the details of the “pain and suffering” case in Massachusetts and what it could mean for the future of personal injury law.

When Can You Claim Pain and Suffering Damages?

In Massachusetts, pain and suffering damages can be claimed in personal injury cases where the victim has experienced physical or emotional harm. This is due to someone else’s negligence or intentional actions.  

To claim pain and suffering damages, the plaintiff must provide evidence that they have experienced pain, discomfort, or emotional distress due to their injury. This can include medical records, testimony from medical professionals or therapists, and statements from the plaintiff and their loved ones. 

Massachusetts law places a cap on pain and suffering damages, limiting the amount that can be awarded based on the severity of the injury. You need a Massachusetts personal injury attorney who knows the rules to optimize pain and suffering damages.

How Is “Pain and Suffering Quantified?

It does not. There are two distinct kinds of suffering: physical and emotional, but the law is silent on calculating pain and suffering damages. The plaintiff’s past pain and suffering going back to the date of their injuries, their present pain and suffering as a result of their injuries, and any conceivable future pain and suffering must all be considered. 

All nervous shock, worry, embarrassment, and mental suffering brought on by the injury are collectively called mental pain and suffering. You should also consider past, present, and potential future mental suffering. The plaintiff must be awarded a fair and reasonable sum of money in compensation, considering the nature of the harm. 

How Do You Maximize Your “Pain and Suffering” Claim? 

1. Seek Medical Care

Getting timely and appropriate medical care is essential to maximize your “pain and suffering” claim. Ensure you get examined by a qualified medical professional who can document any physical injuries and the extent of your pain and suffering.

2. Follow Up with Your Doctor

Once you begin medical treatment, follow up on all instructions and recommendations from your doctor and any specialists they refer you to. Not following up with recommended care may weaken your “pain and suffering” claim or other claims related to your injury.

3. Document Everything

Keep detailed records of all medical appointments and treatment and any time you missed work due to your injury or illness. This will show the extent of your losses due to the accident or incident.

4. Report All Problems

In addition to documenting every medical appointment and treatment, report anything related to your injury to your doctor, such as changes in symptoms or intensity. This can help bolster your “pain and suffering” claim.


Maximizing your “pain and suffering” claim comes down to knowing the laws, articulating your physical and emotional distress, and being willing to negotiate for fair compensation. It is important to remember that every case is unique, so even if you think you have a good claim, it is best to discuss your situation with an experienced attorney. This can help ensure you get the total compensation you deserve for your pain and suffering.

 If you’re searching for the best personal injury lawyer in Boston for this claim, Frank Fernandez Boston Personal Injury Firm is here for you! We strive to provide our clients with aggressive, reliable, and effective legal representation. Contact us now!

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