In Massachusetts, anyone injured because of another party’s negligence has the right to seek compensation through a personal injury claim. While medical bills and lost income are relatively easy to calculate, one of the hardest areas to prove is pain and suffering. These damages cover not only the physical toll of an injury but also the emotional strain, anxiety, and overall disruption to everyday life. Because these losses are deeply personal and don’t come with a receipt, proving them can be one of the most challenging parts of a personal injury lawsuit.

This article takes a close look at what pain and suffering means under Massachusetts law, what kinds of evidence carry weight in court, and the strategies a skilled personal injury attorney might use to build a strong case. Understanding how to show the human cost of an injury can make the difference between an incomplete settlement and fair compensation.

What Pain and Suffering Really Means

When lawyers and courts in Massachusetts talk about pain and suffering, they’re talking about both physical discomfort and the emotional impact of an injury. Physical pain may include lingering backaches, nerve damage, or constant migraines. Emotional suffering can show up as depression, post-traumatic stress, anxiety about driving after a crash, or even the loss of enjoyment in activities a person once loved.

Unlike medical expenses, which have a clear price tag, pain and suffering is subjective. That’s why documenting it carefully and presenting it convincingly becomes so important.

Massachusetts Law and Comparative Negligence

Under Massachusetts tort law, someone bringing a personal injury claim must show that the other party’s negligence caused their injury and led to damages. Pain and suffering falls into the category of non-economic damages. Juries are specifically allowed to consider physical pain, mental anguish, and the loss of the pleasures of life.

It’s also important to understand the state’s modified comparative negligence rule. If the injured person is more than 50% responsible for the accident, they cannot recover anything. If they share some fault but it’s 50% or less, their damages are reduced in proportion to their share. For example, if someone is awarded $100,000 but found 20% at fault, their recovery drops to $80,000.

Evidence to Prove Pain and Suffering

Unlike bills or pay stubs, pain and suffering requires a broader set of proof. Massachusetts juries want to see evidence that shows both the physical and emotional toll.

Medical records are usually the starting point. Doctors’ notes about ongoing treatment, referrals to specialists, or prescriptions for pain management establish that the suffering is real and connected to the injury. Expert testimony often adds another layer, especially when a physician or therapist explains how long symptoms are likely to last.

Personal accounts matter, too. Injured people sometimes keep journals describing sleepless nights, limited mobility, or the frustration of being unable to return to their usual routines. Family and friends can also testify about changes they’ve noticed—maybe someone who was once outgoing has become withdrawn, or a parent no longer has the stamina to play with their children.

Visual evidence makes the experience more tangible. Photos of injuries, surgical scars, or even videos showing someone struggling to climb stairs or use crutches can be powerful. Records showing missed workdays or abandoned hobbies also help link physical limitations to daily losses.

The strongest cases weave these forms of evidence together into a story. It’s not just about showing medical charts—it’s about illustrating how an injury has altered someone’s life in lasting ways.

Methods Courts Use to Value Pain and Suffering

There’s no single formula in Massachusetts for calculating pain and suffering, but two common approaches often come up in negotiations and trials.

One is the multiplier method. Here, the total economic damages, like medical expenses and lost wages, are multiplied by a number between 1.5 and 5 depending on the severity of the injury. A case with $40,000 in medical bills and a multiplier of 3 could support a $120,000 claim for pain and suffering.

Another is the per diem method, where a daily dollar value is assigned to the injured person’s suffering. That figure is then multiplied by the number of days they’re expected to endure pain. For example, assigning $200 per day over a year would yield $73,000.

These methods aren’t binding, but they help give jurors and insurance adjusters a framework. Ultimately, credibility and evidence often matter more than formulas.

Challenges in Proving Pain and Suffering

Because pain is invisible and subjective, defendants and insurers frequently challenge these claims. They may argue the plaintiff is exaggerating symptoms or that the suffering is temporary. Independent medical exams are sometimes requested to dispute claims.

Another challenge arises when pre-existing conditions are involved. If someone had back pain before an accident, defense attorneys may argue that the injury didn’t change much. In these cases, medical experts are vital to distinguish old issues from new harm.

The Role of a Personal Injury Lawyer

Having an experienced personal injury lawyer in Massachusetts can make all the difference. A lawyer knows how to gather and organize the right evidence, from medical records to personal testimony. They often work with doctors, mental health professionals, and vocational experts to demonstrate the full impact of an injury. They also know how to anticipate insurance company strategies designed to minimize payouts.

Perhaps most importantly, an attorney knows how to tell a client’s story in a way that connects with jurors. Facts and numbers matter, but framing them with human detail—like how an injury makes simple tasks painful—helps ensure that suffering isn’t overlooked.

Massachusetts Case Examples

Massachusetts courts routinely instruct juries that they may award damages for physical pain, mental anguish, and loss of enjoyment of life. In past cases, injured plaintiffs have successfully recovered for chronic pain after car crashes, ongoing headaches from traumatic brain injuries, and emotional trauma following workplace accidents. These precedents reinforce that pain and suffering damages are recognized and valued when supported by strong evidence.

Practical Steps for Injured People

People considering a personal injury lawsuit can take practical steps to make their case stronger:

• Keep a daily journal tracking pain levels, mobility, and emotional struggles.
• Follow treatment plans and attend all medical appointments to show consistency.
• Be honest when describing symptoms—exaggeration can backfire.
• Ask close friends or family members to observe and document changes in lifestyle or behavior.

These steps not only provide evidence but also show commitment and credibility, which jurors often value.

Call Brandon J. Broderick For Legal Help

Proving pain and suffering in a Massachusetts personal injury claim requires more than medical bills. It demands a careful presentation of evidence and a compelling narrative that reflects the true impact of an injury. At Brandon J. Broderick, Attorney at Law, we understand how to build these cases and present them effectively, whether in settlement negotiations or in court.

If you or someone you love has been injured, contact us today for a free consultation.