What is a Good Settlement for a Massachusetts Car Accident Case?

Being involved in a car crash is a stressful experience. However, being seriously injured in a crash often makes a stressful situation even more traumatic. Injuries from car crashes not only affect your physical state but also your mental health and financial situation. The good news is that in Massachusetts our laws allow accident victims to take legal action to seek compensation against the at-fault party (i.e., the negligent driver).

If you were hurt in a car crash in Massachusetts, you may be wondering how much money you may recover for compensation – or what is a fair settlement? A reasonable and fair settlement for an injury case depends on various factors. Below I will discuss several of these factors so you can understand how car accident cases are valued, know what to expect, and what to do to put yourself in the best position possible to recover the maximum amount of compensation.

If you have additional questions, or need further information, feel free to contact our Framingham personal injury lawyers at Mahaney & Pappas, LLP. You can call our office at (508) 879-3500 or contact us here to schedule your free case review and evaluation.

The Factors that Determine a Fair and Reasonable Settlement Value

When estimating a good settlement amount from a car accident in Massachusetts, you must consider the severity of your injuries, the total amount of medical bills and expenses incurred for treatment of your injuries, the wages you were unable to earn due to your injuries, your pain and suffering, as well as other factors.

Remember, in Massachusetts, the purpose of personal injury law in car accidents is to provide legal protection and financial compensation to accident victims who have been injured due to another driver’s or entity’s negligence or wrongdoing. The settlement amount or money awarded to accident victims is to compensate them for economic and noneconomic losses caused by the accident and injuries suffered.

Let’s delve into these damages – as we refer to the in the legal world – in a little more detail:

The Severity of Your Injuries

The severity of injuries suffered in a car crash is a critical factor in determining a fair and reasonable settlement value of a personal injury case. Generally, the more severe the injuries are, the greater the settlement. This is because they typically result in greater medical expenses, longer recovery periods, lost wages, pain and suffering, and, in some cases, permanent disability.

By way of contrast, minor or less severe injuries usually result in lower settlement amounts. This is usually due to the lower cost of medical expenses for treatment, sometimes no time missed at work, and less overall treatment periods as well as less pain and suffering.

Medical Bills and Expenses for Treatment of Injuries

The amount of medical bills and expenses incurred for treatment of injuries suffered in a car crash play a significant role in determining the value of a car accident settlement. These bills and expenses are one element of economic damages, also referred to as special damages. Generally speaking, the greater the medical bills, the greater the settlement. But keep in mind that this is not always the case.

In a Massachusetts personal injury claim from a car accident, the injured party will seek to be compensated for medical bills incurred for the injuries they suffered in the crash. All medical bills related to the accident, including emergency room visits, hospital stays, surgeries, medications, physical therapy, and follow-up treatments should be considered in the settlement. This is why it is crucial for anyone injured in a car accident to keep detailed notes of every medial provider they treated with so either you or your Massachusetts personal injury lawyer can later obtain the relevant medical notes and bills.

Additionally, if the accident caused any long-term or permanent injuries requiring ongoing medical treatment, a projected amount of future medical expenses should also be factored into the settlement amount. This can be more difficult to establish and may require the use of expert witnesses and opinions.

Lost Wages & Future Lost Earnings

Under Massachusetts law, an accident victim whose injuries prevent them from returning to work to earn their pay are able to seek compensation for their lost wages. Lost wages are another type of economic damages and often increase the value of a car accident settlement.

Lost wages include the income or earnings someone loses when they cannot go back to work due to their injuries. This can range from a few days to several weeks or months. In cases involving more severe injuries, the loss of future earnings should also be factored into the potential settlement value.

Proving or substantiating lost wages is important in a Massachusetts personal injury case. Sufficient documentation must be obtained to validate the wages or income lost. These include paystubs, tax returns, and wage and salary verification forms completed and signed by your employer. These documents will allow for the proper calculations of any wages or income lost.

Additionally, auto insurance companies and their adjusters usually require a disability note from a treating physician advising the accident victim to stay out of work. Keep in mind, the disability note should reference, if possible, that the injuries suffered in the car accident are the reason to stay out of work.

Pain and Suffering

A fair settlement value of a car accident case should always include financial compensation for a victim’s pain and suffering. Pain and suffering are categories of non-economic damages. The award or recovery of pain and suffering covers the intangible damages from an accident such as emotional distress, physical pain, mental anguish, loss of enjoyment of life, and loss of companionship.

Compensation for pain and suffering encompasses the physical and emotional trauma caused by a car accident and the injuries suffered. The laws in Massachusetts allow compensation for the physical pain caused by the injuries suffered as well as the mental and emotional suffering.

Assessing the value of compensation for pain and suffering is typically more difficult because there is no precise mathematical formula to calculate someone’s pain and suffering.  Generally, pain and suffering are valued based upon the extent of the injuries suffered and the length of recovery. Since measuring these damages are more complicated and can greatly increase settlement amounts, accident victims should seek the advice and expertise of a Massachusetts personal injury attorney.

Other Factors to Consider When Evaluating a Settlement Amount

Contributory or Comparative Fault

When determining a fair and reasonable settlement you also need to consider any allegations or proof that you were partially at fault for the crash. If there is evidence that you contributed to causing the car accident that you were injured in, your settlement may be reduced or may be barred. This legal issue falls under the comparative or contributory negligence laws in Massachusetts.

Massachusetts has a modified comparative negligence law.  This law does not automatically prevent an accident victim from recovering compensation if they partially contributed to the car crash but can reduce any recovery by the proportion of contributory negligence. However, if the contributory negligence of the accident victim is greater than the total amount of negligence of the person against whom recovery is sought, then the accident victim cannot recovery compensation.   

If there is any allegation of contributory negligence, thorough consideration should be given to the strength of those allegations and any possible settlement amounts or offers. These issues are precisely the reasons a qualified car accident lawyer should be consulted.

Bodily Injury Liability Insurance Limits

Determining the bodily injury liability insurance limits of the at-fault driver is crucial in car accident cases, as it often represents the primary source of financial compensation. In Massachusetts, the minimum required coverage is $20,000 per person and $40,000 per accident, but many drivers opt for higher limits, sometimes reaching $250,000 per person or more through umbrella policies. However, insurance companies will only pay up to the policy limits, meaning victims whose damages exceed these amounts must explore other compensation options.

One alternative is Underinsured Motorist (UIM) Coverage, an optional addition to auto insurance policies in Massachusetts, which can help bridge the gap if the at-fault driver’s insurance is insufficient. It’s advisable to review and increase UIM coverage when possible. If UIM is unavailable or inadequate, victims may consider filing a personal injury lawsuit in Massachusetts against the negligent driver. However, recovering compensation beyond insurance limits can be difficult, as many individuals lack the financial resources to cover substantial jury verdicts. Consulting an experienced Massachusetts personal injury lawyer is essential for navigating these legal complexities and maximizing potential recovery.

Final Thoughts on Settlement Valuation

The foregoing are the basic factors that must be considered and evaluated in order to begin assessing the fair and reasonable settlement amounts of a personal injury case. While many of these aspects appear to be straightforward, substantiating damages that justify a good settlement is not always easy.

This is where an experienced Massachusetts car accident lawyer comes in. An experienced attorney will know how to prove your damages, take the necessary legal action to recover compensation, and protect your rights to make sure you get the compensation you deserve.