What kind of damages can I recover for a car accident?

Posted By Law Office of Steven R. Whitman || 15-Aug-2016

Damages refers to the amount of money provided by the at-fault party to compensate you for the effects of an accident. When it comes to car accidents, as a no-fault insurance state, Massachusetts provides a certain level of coverage for medical bill payment from each drivers' respective vehicle.

The injured can recover what are known as economic and non-economic damages. Economic damages pertain to accident-related expenditures in order to work towards getting you back to where you were prior to the accident. This can include all past and future medical costs, compensating you for lost income and any income you may lose in the future, and any repairs made to your vehicle.

Non-economic damages can include pain and suffering endured form the car accident, mental anguish, and loss of companionship if a loved one died or been seriously injured.

How do I obtain damages?

As stated, Massachusetts is a no-fault state as it relates to car accidents. The state also requires you to purchase your own insurance, known as personal injury protection (PIP) which can cover your own medical bills after an accident. Your insurance provider will cover your medical bills and lost wages up to the limits of your policy whether you or the other driver was at-fault or not.

If you chose to purchase collision insurance, you can seek coverage for your damaged vehicle. At the same time, you do not have the right to take legal action against the other drive in such no-fault states unless you suffered serious bodily harm. You may file a suit against the other driver only if you incurred over $2,000 in reasonable and needed expenses in order to treat your injuries, or you either sustained some permanent and serious disfigurement, fracture, loss of a limb, or loss of sight or hearing.

A jury would then determine how much in damages to award you according to their best estimation. Those injured in a car accident should reach out to a skilled Boston car accident lawyer as soon as possible to determine their eligibility for recovering financial damages.