In Massachusetts you are entitled to monetary damages for personal injury after a Massachusetts car accident which can include money damages, equitable remedies, costs, attorneys’ fees, and interest. The relief available for personal injuries involving Massachusetts car accidents will influence strategy, such as what claims to assert, when to pursue litigation, where to file suit, how to draft pleadings, what to seek in discovery, motion practice, and the use of certain settlement and trial tactics.

If you were injured in a Massachusetts car accident, your lawyer will typically assert multiple counts based on the defendant’s conduct. A good personal injury lawyer can obtain damages on multiple counts involving your Massachusetts car accident. However, the client cannot obtain a duplicative or cumulative damages recovery for personal injuries involving car accidents, which can occur when it prevails on multiple counts for the same injury caused by the same conduct. There are several types of damages you can receive for a Massachusetts car accident Compensatory tort damages for a Massachusetts car accident “make a plaintiff whole” for injuries caused by another party’s wrongful conduct and typically do not provide an excess recovery. Compensatory damages for Massachusetts car accidents directly flow from the defendant’s conduct and are reasonably expected to occur because of the defendant’s conduct, even if they do not inevitably result from it.

A Massachusetts personal injury lawyer can recover damages for a client when a defendant’s conduct causes a new personal injury or exacerbates a preexisting disease or condition. Such injuries may include physical or mental pain and suffering. Mental pain and suffering can take different forms, such as nervous shock, anxiety, embarrassment, anguish, or loss of enjoyment of life activities related to an injury.

Massachusetts courts recognize emotional distress (including mental suffering) as a recoverable personal injury. Many victims of car accidents face emotional distress where they are shaken from the trauma of the accident. Though there is no hard and fast rule determining the amount of recovery, a Massachusetts personal injury lawyer can help strategize your case to maximize your recovery.