Can I get pain and suffering after a car accident in Massachusetts?
Yes, but only if your injuries meet a legal threshold. In Massachusetts, you can claim pain and suffering from a car accident if your reasonable and necessary medical bills are more than $2,000, or if you suffered certain serious injuries such as a broken bone.
Why Massachusetts has a threshold
Massachusetts is a "no-fault" state. Your own auto insurance pays your first medical bills and lost wages through Personal Injury Protection (PIP), no matter who caused the crash. In exchange, the law limits pain and suffering claims to cases that cross a certain line. Learn more in who pays my medical bills after a car accident?
The two ways to qualify
1. Medical bills over $2,000. If your reasonable and necessary medical expenses from the accident go over $2,000, you can pursue pain and suffering.
2. A qualifying injury, regardless of bills. These injuries qualify on their own:
- A fracture (broken bone)
- Permanent and serious disfigurement
- Loss of a body part, in whole or in part
- Loss of sight or hearing, in whole or in part
- Death
A broken bone is one of the clearest paths. See femur or other broken bone in a car accident: what happens with my claim?
What "pain and suffering" covers
It's compensation for the physical pain, emotional distress, and loss of enjoyment of life that come with an injury: the sleepless nights, the things you can't do anymore, the stress on your family. It is separate from medical bills and lost wages.
Common mistakes
- Stopping treatment too early. Skipping care you need can keep you under the threshold and makes your injury look minor.
- Assuming a "small" accident doesn't qualify. Low-damage crashes still cause real injuries, and bills add up fast.
- Settling with the insurer before you know your total medical costs.
Injured in an Accident? Get Help Today.
Attorney Daniel A. Pava offers free, no-obligation consultations to accident victims across Hampden County.
Free Case Review 📞 413-781-8700Get a Free Consultation
Not sure if your case crosses the threshold? Call Attorney Daniel A. Pava at 413-781-8700. We'll look at your injuries and bills and tell you honestly where you stand. More on our Springfield car accident lawyer page.
Phone: (413) 781-8700
Email: daniel@pavalaw.com
Office: 1380 Main St, Suite 301, Springfield, MA 01103