Submitted by Summer on Tue, 11/17/2009 - 17:47
I was hurt bad in a car accident but I was not driving the car. I was in the pasenger seat and we were driving at night and got hit by another guy. Can I sue the driver of the other car (he was at fault) for pain and suffering damages under Massachusetts law? Should I talk to a personal injury lawyer?
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Editor's Response
Massachusetts General Laws Chapter 231, Section 6D, places limits on a plaintiffs ability to collect pain and suffering damages resulting from a personal injury suffered in a motor vehicle accident. To collect such damages, including damages for mental suffering, you must meet one or more of the following:
(1) You incurred "reasonable and necessary medical" expenses in excess of $2000 (for such things as " medical, surgical, x-ray and dental services, including prosthetic devices, and necessary ambulance, hospital, [or] professional nursing[.]"
(2) You suffered one of several specific injuries, including a fracture or broken bone, permanent disfigurement, loss of a body part, loss of sight, loss of hearing, or loss of another sense; OR
(3) Died as a result of the accident.
Happily, that last item is not relevant in your case. In cases where a death does result, the heirs of the deceased can sue for pain and suffering. You did not give a lot of specifics about your injury, but even if you are not sure if you satisfy the requirements discussed above, I absolutely think you should talk to a Massachusetts personal injury lawyer. A lawyer with experience in this type of case will be able to evaluate your injuries and your case and tell you whether you should proceed or not. He or she will also be able to point out other types of damages that you may be entitled to collect, in addition to or instead of pain and suffering damages. Good luck.