Massachusetts Injury Attorney / Personal Injury Damages
Attorney Gil Hoy

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Our Massachusetts Injury Attorney Experts Will Work Tirelessly to Maximize the Personal Injury Damages That You Obtain. Our Boston Lawyers Are Experts in the Field.

Once duty, breach and causation have all been demonstrated, the fact finder must still determine if the plaintiff should recover money damages. A plaintiff who is injured because of the negligence of the defendant is entitled to compensation for the injuries sustained that were the natural and probable consequence arising out of the negligence of the defendant. The defendant will be held responsible for the consequences of his or her actions that were reasonably foreseeable at the time when the negligence occurred.

With respect to Massachusetts personal injury money damages, a plaintiff may receive compensation for conscious pain and suffering, exacerbation of a preexisting physical condition, loss of earning capacity, loss of the enjoyment of life, scarring and disfigurement, medical expenses or bills and loss of consortium.

A defendant will be held responsible for the conscious pain and suffering caused by his or her own negligence. In arriving at the monetary amount of pain and suffering damages, the fact finder must analyze many factors, including the nature, extent, severity, permanency and effects of the plaintiff’s injuries. The fact finder must then make a reasonable determination regarding the appropriate amount of money that will serve as fair and just compensation. A plaintiff can receive money damages for both past and future pain and suffering. Additional issues to consider when determining the amount of pain and suffering damages to be given are the age, health and habits of the plaintiff before the injury occurred.

If the defendant’s negligence has aggravated or exacerbated a preexisting condition or disease of the injured person, the defendant will be held liable for the difference between what the injured person’s condition would have been, absent the accident, and what the injured person’s condition is, was or will be because of the accident. If the plaintiff had a preexisting condition, then the defendant will not be held liable for the full amount of the plaintiff’s injuries, because the plaintiff was already in an injured state when the accident took place.

A plaintiff is also entitled to compensation for loss of earnings resulting from his or her injuries caused by a Massachusetts accident. Loss of earning capacity damages is the diminution or loss in the plaintiff’s ability to make a living in the future. A fact finder is allowed to consider the type of person that the plaintiff is when determining future loss of earnings. For example, it is useful to evaluate whether the plaintiff has any talents or has made any contributions, and whether the plaintiff’s income would reasonably be expected to increase or not in the future.

A plaintiff can also receive monetary compensation for loss of enjoyment of life. If, because of the plaintiff’s injuries, he or she can no longer engage in previous hobbies, personal interests or extracurricular activities, then he or she is entitled to money damages for those losses.

A defendant may be held responsible as well to a personal injury victim for significant money damages for any scarring or disfigurement caused by the defendant’s negligence. The fact finder will be able to take into account any preexisting scarring or disfigurement when calculating damages.

In addition, a plaintiff may also receive monetary compensation for any and all reasonable medical and hospital expenses that were incurred as a result of the defendant’s wrongdoing. The plaintiff does not have to have paid for the medical expenses to recover for them; what matters is that the expenses were incurred and became a legal obligation. A common way to introduce evidence of medical expenses at a Massachusetts trial is through the sworn testimony of a doctor or hospital agent as to the reasonableness of the amount of the medical bills.

At times, loss of consortium damages may also be awarded in a negligence action. When the person who is injured by the defendant’s negligence has injuries that cause the accident victim’s spouse to be harmed because of the nature of the accident victim’s injuries, the spouse may recover loss of consortium damages. A spouse has a right to recover money damages for the loss of services, companionship, affection, sexual relations and conjugal affections of his or her injured husband or wife resulting from the defendant’s negligence. Such loss of consortium damages can be in the millions of dollars, depending upon the severity of the injuries and the extent of the resulting damages. Additionally, when a person’s bodily injuries causes injury to that person’s parent, the parent may recover loss of consortium damages for those injuries. A child also has the right to recover for the loss of services, society, companionship, emotional support, guidance and care of his or her parents. Whether the parent was the main wage earner is not relevant. A minor child can collect damages even in the absence of any financial contribution on the part of the parent.

Let Our Massachusetts Injury Attorney Specialists Maximize the Personal Injury Damages That You Recover. Call Our Boston Law Firm Today at 617-787-3700 or Email Us at

Common types of Massachusetts Injuries Caused By Massachusetts Accidents For Which You or Your Loved One May Recover Significant Money Damages Include:

Massachusetts Amputation Injury 
Massachusetts Ankle and Foot Injury
Massachusetts Back and Spinal Cord Injury
Massachusetts Brain and Head Injury
Massachusetts Broken Bones Injury
Massachusetts Bulging/Herniated Disc Injury
Massachusetts Burn Injury
Massachusetts Catastrophic Injury
Massachusetts Denture Cream Injury
Massachusetts Electrocution Injury
Massachusetts Hip Injury
Massachusetts Knee Injury/Torn ACL Injury
Massachusetts Laceration Injury
Massachusetts Leg and Femur Fracture Injury
Massachusetts Neck and Cervical Spine Injury
Massachusetts Orthopedic Injury
Massachusetts Paralysis Injury
Massachusetts Pelvic Injury
Massachusetts Rotator Cuff Injury
Massachusetts Scarring and Disfigurement Injury
Massachusetts TMJ (Tempero-mandibular Joint Syndrome) Injury
Massachusetts Wrist Fracture Injury

Our Massachusetts Injury Attorney Professionals Will Help You Recover Significant Personal Injury Damages. Call Our Boston Personal Injury Attorney Advocates 24/7 at 617-787-3700. Your Needs Are Our Top Priority!











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