An injured party who has suffered a personal injury due to the actions of another may pursue to recover for the reasonable expenses incurred for medical care and nursing in the treatment and cure of his injury, for all pain and suffering and for the diminution of earning power. This may also include the pain and suffering and diminution in earning capacity in the future.
Generally the standard of measure of damages is fair compensation for the injury sustained. Also, generally, all damages resulting to a person as a result of a personal injury claim due to the negligence of another are recovered in one action only. This means that generally separate actions cannot be maintained by the same injured party, for example one for the pain and suffering relating to the claim, one for the medical bills incurred and one for lost wage aspect of the claim.
It is important in any personal injury claim to fully and completely investigate all possible claims for medical bills, whether incurred to date or to be incurred in the future, as well as all lost wages, whether incurred to date or to be incurred in the future. Also, it is important to prepare during the course of litigation to present a claim for pain and suffering, whether to date or whether as an element of future pain and suffering. In Massachusetts, you often hear the words “emotional distress” or “emotional trauma” when it relates to an accident. Whether relating to a car accident, motorcycle accident, medical malpractice claim or slip and fall accident, or any other type of accident, a victim of an accident may pursue and seek compensation for emotional distress or emotional trauma. Fright, anxiety and other emotional disturbances may be compensable depending upon the circumstances of the injury and of the accident. Emotional distress or emotional trauma that is causally connected to an accident should be properly presented on behalf of an accident victim.
Depending upon the circumstances of the injury, a properly prepared claim of emotional stress or emotional trauma can be as well compensated as a claim of physical damages. As to wrongful death actions in Massachusetts, generally a person who was killed. In other words their estate is entitled to compensation. This means a right to collect that amount of money which will place him or her in the position in which he or she was immediately before the accident.