When filing for personal injury compensation in Massachusetts, every situation requires careful examination to determine who is responsible for the losses sustained. If you’ve been hurt and someone else is responsible for the losses you’ve sustained, it is essential to turn to a Massachusetts personal injury attorney even before settling any claims with insurance companies, companies, or individuals.
When a person sustains losses due to the negligence of another person or business, it is the ultimate goal of the law to compensate the individual for those losses as much as possible to give him or her the quality of life he or she had prior to the incident. There is no real way to compensate for the loss of life or permanent disability, of course. Yet, the goal of the courts is to be fair based on what occurred and why. Consider the most common types of compensation awarded in personal injury matters within the state.
Types of Losses- Pecuniary vs. Non-Pecuniary
Specifically, the state allows for compensation of both pecuniary losses and non-pecuniary losses. Non-pecuniary losses are those that are not directly out-of-pocket losses, but rather some type of loss of value. This may be losses related to pain and suffering. Pecuniary losses are out-of-pocket losses, such as medical bills or loss of future income. Here’s a breakdown of some types of compensation you may be owed.
Medical Expenses
Any and all costs associated with medical care received by the individual after the incident. This may include emergency care, long-term rehabilitation, hospital stays, and specialized medical treatment. It’s important to see this as not just your hospital bills, but all medical-related losses brought on by the incident throughout your lifetime.
Income Loss
If you are unable to work for any period of time, compensation may apply. This often includes not just your wages but any additional compensation paid such as benefits. It also includes any future wages you may have lost as a result of being unable to perform the same skills on the job after the incident or the inability to work at all. You may have a diminished earning capacity if you are unable to continue in your current employment.
Physical Damages
Physical Damages include injuries and loss of bodily functions due directly to the incident. It may include deformities, loss of ability to see or hear, or even permanent disability.
Emotional Damages
The state of Massachusetts allows for individuals to pursue financial compensation for emotional damages suffered as a result of the incident. This may include pain and suffering as well as damage related to depression, embarrassment, stress or other limitations.
In addition, some individuals may qualify for additional compensation for other losses sustained. When working with your Massachusetts personal injury attorney, discuss specific losses related to quality of life changes such as your inability to maintain the same type of lifestyle or the inability to have children or be intimate with a loved one.
Putting a Dollar Amount on Losses
Unfortunately, there is no specific dollar amount that applies across all situations. When you work with your attorney for personal injury losses like this, it is our job to help you to determine what your current losses are as well as what long-term losses you may face and then to put a figure on those losses. It’s a complex process that requires a very detailed attorney.
Put Peter Ventura to work for you. Put your trust in our team to determine the most acceptable level of compensation related to your individual losses. Contact us now for a free consultation toll free at 508-755-7535 or contact us online.
Photo via Massachusetts General Hospital
