There are several rules that apply to a personal injury trial, including rules about the evidence that a plaintiff must establish when seeking pain and suffering damages. As experienced Boston car accident lawyers, we are familiar with these rules and will ensure that they are applied appropriately and fairly in your claim every step of the way. This can help avoid unnecessary delays in your case as well as ensure that you do not waive any critical rights. Whether you were involved in a minor crash or a severe, life-altering collision, you deserve compassionate and dedicated legal counsel.
A recent Massachusetts appellate opinion discusses G.L. c 231, Section 6D, which governs when a victim of a motor vehicle accident can seek pain and suffering as an item of damages. According to this provision, the plaintiff must show that the reasonable and necessary expenses incurred from treating the injuries associated with the crash exceed $2,000, subject to some exceptions. These exceptions include instances where the crash results in death, results in the loss of a body part, results in disfigurement, or results in the loss of sight or hearing.
The plaintiff filed suit against a wheelchair and van transport company as well as its employee-driver for personal injuries that she suffered in an accident. She was traveling in the defendant’s handicap accessible van when it came to an abrupt stop causing her to fall out of her wheelchair. Her knees hit the floor and the wheelchair fell on top of her.