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Pain and suffering after a car accident in Massachusetts can be claimed only if your reasonable and necessary medical expenses top $2,000 or your injury is a death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing, or a fracture. That is the rule in M.G.L. c. 231, §6D.
Massachusetts is a no-fault state, so your own auto policy pays personal injury protection (PIP) benefits no matter who caused the crash. Pain and suffering works differently. It sits behind the threshold above, which is why every bill and record matters.
Kiley Law Group’s founder has represented injured people for more than 50 years. If you were hurt in a car accident in Massachusetts, we can explain where you stand. Call Kiley Law Group Today for a free consultation.
The Superior Court’s model jury instructions describe two kinds of pain and suffering, physical and mental. Physical pain and suffering is the pain you endured in each part of your body since the crash, any pain you have now, and any future pain you can prove with reasonable medical probability. Mental pain and suffering includes nervous shock, anxiety, embarrassment, and mental anguish that result from the injury.
Loss of enjoyment is part of the claim. If your injuries took away activities such as work, play, or family life, jurors are told to award damages for that reduction in your enjoyment of life. Section 6D also says pain and suffering includes mental suffering associated with the injury.
None of this comes with a price tag. Section 6D sets a threshold for pain and suffering compensation. It does not say what pain and suffering is worth. For the other kinds of damages in a claim, see the types of damages you can claim after a car accident.
Section 6D sets one money test. You can recover damages for pain and suffering in a car accident only if the reasonable and necessary expenses of treating your injury are determined to be in excess of $2,000. The rule covers injuries that come from the use of a motor vehicle in Massachusetts.
The statute names the kinds of expenses it counts. Keep every bill in these categories:
| The $2,000 test applies to pain and suffering. Section 6D applies this test to pain and suffering damages. Keep every bill, because the total decides whether that part of your claim is available. |
The statute counts expenses incurred in treating the injury, so the total builds as your treatment does. Reasonable and necessary care for your injury is what moves you toward $2,000.
Five kinds of injury skip the money test. If your injury is one of them, you can claim pain and suffering regardless of what your medical bills total.
Every other injury has to clear the $2,000 test. If you are not sure whether your injury fits one of the five, talk to an attorney before you assume it does not.
Your own auto policy carries PIP, and it pays without regard to fault. Under M.G.L. c. 90, §34A, PIP covers reasonable medical, surgical, X-ray, dental, ambulance, hospital, nursing, and funeral expenses incurred within two years of the accident. It also covers lost wages and the cost of replacement services, and policies must provide at least $8,000 per person.
Health insurance changes the math. To the extent your health plan pays or covers your medical bills, PIP pays no more than $2,000 of them.
| Source of payment | What it covers | The rule that matters |
|---|---|---|
| PIP (your auto policy) | Medical and related expenses incurred within two years of the accident, lost wages, and replacement services | Pays without regard to fault. Policies must provide at least $8,000 per person. Lost wages are limited so you receive 75% of your average weekly wage. |
| Your health insurance | Medical bills your health plan covers | To the extent your plan covers the bills, PIP pays no more than $2,000 of them. |
| Your claim against the at-fault driver | Damages for pain and suffering and other losses | Pain and suffering requires the $2,000 test or one of the five exceptions. Your own share of fault reduces your damages. |
| Report the accident to your own insurer as soon as you can. PIP covers expenses incurred within two years of the accident (c. 90, §34A), and §34M says a PIP claim must be presented as soon as practicable after the accident. |
Jurors do not get a calculator. The model instruction says the law gives them no special formula, and it asks them to use their judgment to reach an amount that fairly and reasonably compensates the injured person. Any formula you see online is a rule of thumb, not something the law requires.
You carry the burden of showing your damages, and the standard is more likely than not. You can prove them with direct evidence, indirect evidence, or both. These are the pieces that help:
Being partly at fault does not automatically end your claim. Under M.G.L. c. 231, §85, your negligence does not bar recovery unless it is greater than the total negligence of the people you are seeking recovery from. Your damages are reduced in proportion to your share. If a jury puts 20% of the fault on you, your damages are reduced by 20%.
The side arguing that you were at fault has the burden of proving it, and you are presumed to have been using due care.
If you were hurt in a Massachusetts car accident, these steps protect your car accident injury claim:
Yes. You can recover pain and suffering damages in Massachusetts if your reasonable and necessary medical expenses exceed $2,000 or your injury is a death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing, or a fracture (M.G.L. c. 231, §6D). The rule covers injuries from the use of a motor vehicle in Massachusetts. Our frequently asked questions page covers more common claim questions.
PIP pays your reasonable medical expenses, part of your lost wages, and replacement services after a crash, no matter who was at fault. Under M.G.L. c. 90, §34A, policies must provide at least $8,000 per person, and the coverage reaches expenses incurred within two years of the accident. If your health insurance pays your bills, PIP pays no more than $2,000 of them.
Massachusetts law has no formula for calculating pain and suffering compensation. The Superior Court’s model jury instruction says the law gives jurors no special formula and asks them to use their judgment to reach a fair amount. You must show your damages more likely than not, and medical records and bills can help you show them.
Yes, mental suffering associated with your injury is part of pain and suffering under M.G.L. c. 231, §6D. The model jury instruction describes mental pain and suffering as including nervous shock, anxiety, embarrassment, and mental anguish resulting from the injury. The $2,000 test applies to the mental part of your claim just as it does to the physical part.
You generally have three years from the date of the accident to file a personal injury lawsuit in Massachusetts. M.G.L. c. 260, §2A requires tort actions to be commenced within three years after the cause of action accrues, except as otherwise provided. Talk to an attorney early, because other timing rules, such as the PIP claim rule, can apply.
The $2,000 rule is only the first question after a crash. Our Massachusetts car accident lawyers will go through your medical bills, your PIP coverage, and any offer you have received, and explain where you stand.
There is no fee until we win. Call Kiley Law Group today for a free consultation. You can also visit our Andover office at 342 N. Main St., Andover, MA 01810, or contact us online.
This article is for general informational purposes only and does not constitute legal advice. Massachusetts laws cited include M.G.L. c. 231, §§6D and 85; M.G.L. c. 90, §§34A and 34M; and M.G.L. c. 260, §2A. Laws change; consult a licensed Massachusetts attorney for advice specific to your situation.
