How Is Pain and Suffering Calculated in Massachusetts?

Pain and suffering in Massachusetts is not calculated by any formula: no statute sets a multiplier, a per-day rate or a chart, and the amount is whatever a jury finds fair on the evidence at trial, or whatever the two sides agree to in a settlement that is negotiated in the shadow of that jury. What the law does control is everything around the number. It decides whether you can claim pain and suffering at all after a car crash, lets your lawyer suggest a specific figure to a Superior Court jury, cuts the award by your share of the fault, caps it in a few kinds of cases, and adds 12 percent interest a year from the day the lawsuit was filed.

If you were hurt and want to talk through what your claim involves, call Jim Glaser Law at (617) JIM-WINS. The line is answered 24 hours a day. The first telephone consultation is free. This page is general information about Massachusetts law, not legal advice about your situation.

What “Pain and Suffering” Covers

Lawyers split injury damages into two groups. Special damages (also called economic damages) are losses with a receipt or a pay stub behind them: medical bills, lost wages, the cost of help at home. General damages (non-economic damages) are the losses that have no invoice, and pain and suffering is the largest of them.

Massachusetts statutes describe what that second group includes in their own words:

• Physical pain and mental suffering. The motor vehicle statute, M.G.L. c. 231, sec. 6D, speaks of “pain and suffering, including mental suffering associated with such injury, sickness or disease.” Anxiety, fear, sleeplessness and depression that come from the injury belong here.
• Loss of companionship and embarrassment. The medical malpractice statutes, c. 231, secs. 60F and 60H, list “pain and suffering, loss of companionship, embarrassment and other items of general damages.” Scarring, a limp and the self-consciousness that follows them fall under this heading.
• Past and future suffering. Section 60F requires a jury in a health care case to split each element into what was suffered before the verdict and what will be suffered after it, and to state the number of weeks, months or years the future amount covers. Outside health care cases the law does not require that itemizing, but the same distinction runs through how these claims are argued and valued.

Pain and suffering belongs to the injured person. Some people close to them have separate claims of their own, covered further down.

Who Decides the Number

If a case goes to trial, the jury decides. The judge instructs the jury on the law, the jury hears the evidence of what the injured person went through, and the jury writes down a figure. There is no table it must consult.

Two statutes shape how that figure is asked for:

1. The complaint cannot name a dollar amount for it. Under c. 231, sec. 13B, no complaint in a civil action may contain an “ad damnum or monetary amount claimed” unless the damages are liquidated or can be calculated, with a sworn statement explaining the calculation attached. Pain and suffering is neither, so a Massachusetts injury complaint does not say how much the plaintiff wants for it.
2. At a Superior Court trial, the lawyer can suggest one. The same section ends: “In civil actions in the superior court, parties, through their counsel, may suggest a specific monetary amount for damages at trial.” The plaintiff’s lawyer may tell the jury a number, and the defense lawyer may answer with a different one. The jury is not bound by either.

The sentence about suggesting an amount is written for the Superior Court. This page does not say whether the same practice is allowed in the District Court, because the statute does not address it.

Multipliers and Per Diem Figures Are Shorthand, Not Law

Search for how pain and suffering is calculated and you will find two methods described as if they were rules. They are habits of negotiation. Neither appears in any Massachusetts statute read for this page.

	Multiplier method	Per diem method	What Massachusetts law actually provides
How it works	The medical bills (sometimes plus lost wages) are multiplied by a number chosen for the severity of the injury	A daily dollar figure is multiplied by the number of days the person suffered or will suffer	A jury, or the parties in settlement, set the amount on the evidence
Where it comes from	Insurance adjusters and claim negotiation	Trial and negotiation argument	c. 231, sec. 13B lets counsel suggest a specific amount at a Superior Court trial
Is it binding	No	No	The jury’s figure is binding once judgment enters, subject to caps, the fault reduction and review by the court
Weakness	Ties suffering to the size of the bills, so a painful injury with cheap treatment scores low	Assumes every day hurts the same	Unpredictable, which is why most claims settle

Either shorthand can be a useful way to think about a demand. Neither is a promise of what a jury would do, and a settlement offer that leans on one is a negotiating position, not a calculation the law requires.

The Steps the Law Applies to the Number

Whatever figure a jury reaches, or whatever an insurer is pricing in, Massachusetts law runs it through the same sequence:

1. The threshold (car crashes only). Under c. 231, sec. 6D, a person hurt in a motor vehicle crash can recover pain and suffering “only if” reasonable and necessary medical expenses are “in excess of two thousand dollars,” unless the injury causes death, includes the loss of a body member, permanent and serious disfigurement, a described loss of sight or hearing, or “consists of a fracture.” Below that line the pain and suffering claim does not exist. See the serious injury threshold.
2. The fault reduction. Under c. 231, sec. 85, a plaintiff whose own negligence “was not greater than” that of the defendants still recovers, but “any damages allowed shall be diminished in proportion” to the plaintiff’s share. A jury that sets total damages and finds the plaintiff 30 percent at fault produces a judgment for 70 percent of the total. At 51 percent the plaintiff recovers nothing. See comparative negligence in Massachusetts.
3. Any cap. Health care cases and claims against public employers have ceilings, described in the next section.
4. Interest. Under c. 231, sec. 6B, the clerk adds interest “at the rate of twelve per cent per annum from the date of commencement of the action” to a verdict for personal injuries, “even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law.”
5. The collectible amount. A judgment is only as good as the insurance or assets behind it. See what happens when the at-fault driver has to pay out of pocket.

Answer Capsule

Massachusetts has no formula for pain and suffering. No statute sets a multiplier or a daily rate; a jury sets the amount on the evidence, and settlements are negotiated against what a jury might do. Under M.G.L. c. 231, sec. 13B, a complaint may not state a dollar figure for it, but at a Superior Court trial “parties, through their counsel, may suggest a specific monetary amount for damages.” After a car crash, pain and suffering can be claimed only if medical expenses exceed $2,000 or the injury is a fracture, death, loss of a body member, permanent and serious disfigurement or a described loss of sight or hearing (c. 231, sec. 6D). The award is reduced by the injured person’s share of fault and barred above 50 percent (c. 231, sec. 85), capped at $500,000 in most health care cases unless the jury finds a substantial or permanent loss of a bodily function, substantial disfigurement or other special circumstances (c. 231, sec. 60H), limited to $100,000 against most public employers (c. 258, sec. 2), and carries 12 percent annual interest from the date the suit was filed (c. 231, sec. 6B).

Where Massachusetts Caps Pain and Suffering

Most injury cases have no cap on general damages. Two do.

Medical malpractice. Under c. 231, sec. 60H, in a malpractice or negligence action against a provider of health care, the jury must be instructed not to award more than $500,000 “for pain and suffering, loss of companionship, embarrassment and other items of general damages unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function or substantial disfigurement, or other special circumstances in the case which warrant a finding that imposition of such a limitation would deprive the plaintiff of just compensation.” If two or more plaintiffs recover from a single occurrence and the cap applies, they share the $500,000 in proportion. The cap does not apply to wrongful death actions under c. 229, sec. 2, which the section expressly excludes. Section 60F also requires the jury in these cases to itemize its award, so the pain and suffering figure is visible on the verdict form. See what counts as medical malpractice.

Claims against cities, towns and the Commonwealth. Under c. 258, sec. 2, public employers are liable “in the same manner and to the same extent as a private individual,” except that they are not liable “for interest prior to judgment or for punitive damages or for any amount in excess of $100,000.” That $100,000 covers the whole claim, not only pain and suffering. The section exempts “claims for serious bodily injury against the Massachusetts Bay Transportation Authority” from the limit on compensatory damages. See suing the government in Massachusetts.

What PIP Does and Does Not Pay

After a Massachusetts car crash, the first money usually comes from personal injury protection. Under c. 90, sec. 34A, PIP pays reasonable medical, surgical, x-ray, dental, ambulance, hospital, nursing and funeral expenses, lost wages, and the cost of replacement help at home. It does not pay anything for pain and suffering.

Under c. 90, sec. 34M, a driver covered by PIP is exempt from tort liability for bodily injury “to the extent that” the injured person is or would be paid by PIP. In practice the PIP-covered losses come out of the tort claim, and the pain and suffering claim, once the sec. 6D threshold is cleared, is pursued against the at-fault driver and that driver’s liability insurer. See how PIP works in Massachusetts.

What Moves the Number

Because nothing fixes the figure, evidence does all the work. The factors that matter are the ones a jury can see and believe:

• The medical record. Diagnosis, the treatment, how long it lasted and what the doctor expects next. Under c. 233, sec. 79G, itemized bills and medical reports are admissible to prove not only the charges but “the diagnosis,” “the prognosis” and the physician’s opinion “as to disability or incapacity,” if the opposing party gets written notice and a copy by certified mail, return receipt requested, at least ten days before they are offered.
• Permanence. A future that includes pain, surgery or limitation carries a future award. Section 60F’s requirement that juries state the period of future compensation in health care cases shows how the law thinks about it: suffering is measured over time.
• Visible change. Scars, a changed gait, a hobby or job given up, and testimony from people who knew the person before.
• Consistency. Gaps in treatment and missed appointments are the first thing an insurer raises. Under the duty to mitigate, an unreasonable failure to get care can reduce damages. See the duty to mitigate damages.
• Fault. Every percentage point of the plaintiff’s own negligence comes straight off the award under sec. 85.

None of these produces a number by itself. They decide how persuasive the request for a number will be.

How to Document Pain and Suffering

Most of the proof has to be gathered while the injury is fresh:

1. Get medical care promptly and tell every provider about every symptom, including sleep, mood and pain levels. A symptom that never reaches the chart is hard to prove later.
2. Keep a short daily record of pain, missed activities and the help you needed. Write it in your own words, the same day.
3. Photograph injuries and scars at intervals, so the healing, or its absence, is visible.
4. Keep every bill and statement. They support both the economic claim and, in car cases, the $2,000 threshold under sec. 6D.
5. List what you cannot do that you did before: work tasks, sports, caring for children, driving.
6. Name the witnesses to the change, such as a spouse, coworker or friend who can describe the before and after.
7. Do not post about the injury or your activities online while the claim is open; insurers look.
8. Be careful with a recorded statement to the other side’s insurer. See recorded statements to an insurance company.

Claims by Family Members and Estates

Pain and suffering is the injured person’s own claim. Massachusetts law gives related claims to others:

• Parents of a seriously injured child. Under c. 231, sec. 85X, the parents of a minor child, or of an adult child dependent on them for support, “shall have a cause of action for loss of consortium of the child who has been seriously injured.” See loss of consortium claims.
• When the injured person dies. Under c. 229, sec. 6, in a wrongful death action “damages may be recovered for conscious suffering resulting from the same injury,” but any sum recovered “shall be held and disposed of by the executors or administrators as assets of the estate of the deceased.” The suffering between injury and death is a claim of the estate, separate from the family’s wrongful death damages. See wrongful death claims in Massachusetts.

Is Pain and Suffering Taxed?

Under federal law, 26 U.S.C. sec. 104(a)(2) excludes from gross income “the amount of any damages (other than punitive damages) received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal physical injuries or physical sickness.” Pain and suffering that flows from a physical injury falls within that language. Emotional distress damages without a physical injury, interest and punitive damages are treated differently. See whether a personal injury settlement is taxable.

The Deadline

The claim has to be filed in time or there is nothing to value. Under c. 260, sec. 2A, actions of tort “shall be commenced only within three years next after the cause of action accrues.” Medical malpractice has its own rules. See the Massachusetts statute of limitations for personal injury and how long a personal injury lawsuit takes.

Key terms

• General damages: losses without a bill or receipt, such as pain, suffering, embarrassment and loss of companionship.
• Special damages: losses that can be counted from records, such as medical bills and lost wages.
• Ad damnum: a dollar amount demanded in a complaint, which c. 231, sec. 13B bars for damages that cannot be calculated.
• Multiplier: a negotiating shorthand that multiplies the medical bills by a chosen number; it has no basis in Massachusetts statute.
• Per diem: a negotiating or argument shorthand that assigns a dollar figure to each day of suffering.
• Conscious suffering: the pain a person experienced between an injury and death, recoverable by the estate under c. 229, sec. 6.

For the wider picture, see what a Massachusetts car accident case is worth, punitive damages in Massachusetts, whether Massachusetts is a no-fault state and how much personal injury lawyers charge.

Frequently Asked Questions

Q: How is pain and suffering calculated in Massachusetts?

A: There is no formula in Massachusetts law. No statute sets a multiplier or a daily rate. A jury decides the amount on the evidence, and settlements are negotiated against what a jury might award. Statutes then apply the car crash threshold (c. 231, sec. 6D), the fault reduction (c. 231, sec. 85), caps in health care and public employer cases, and 12 percent interest from the date of filing (c. 231, sec. 6B).

Q: Do Massachusetts insurers use a multiplier for pain and suffering?

A: Adjusters and lawyers often talk about multiplying the medical bills by a number, or assigning a daily figure. Those are negotiating habits. No Massachusetts statute requires either one, and a jury is not bound by them.

Q: Can my lawyer tell the jury how much to award for pain and suffering?

A: In the Superior Court, yes. M.G.L. c. 231, sec. 13B says that in civil actions in the superior court, “parties, through their counsel, may suggest a specific monetary amount for damages at trial.” The same section bars stating an amount in the complaint for damages that cannot be calculated.

Q: Can I get pain and suffering after a minor car accident in Massachusetts?

A: Only if you clear the threshold in c. 231, sec. 6D: reasonable and necessary medical expenses over $2,000, or an injury that causes death, includes the loss of a body member, permanent and serious disfigurement, a described loss of sight or hearing, or a fracture. PIP does not pay pain and suffering.

Q: Is there a cap on pain and suffering in Massachusetts?

A: Not in most cases. In actions against a provider of health care, c. 231, sec. 60H limits general damages to $500,000 unless the jury finds a substantial or permanent loss or impairment of a bodily function, substantial disfigurement or other special circumstances, and the cap does not apply to wrongful death actions. Claims against most public employers are limited to $100,000 in total under c. 258, sec. 2.

Q: Does being partly at fault reduce pain and suffering?

A: Yes. Under c. 231, sec. 85, all damages, including pain and suffering, are reduced in proportion to your share of the negligence, and you recover nothing if your share is greater than that of the defendants combined.

Q: Do I pay taxes on pain and suffering money?

A: Under 26 U.S.C. sec. 104(a)(2), damages other than punitive damages received on account of personal physical injuries or physical sickness are excluded from gross income. Pain and suffering tied to a physical injury generally falls within that exclusion; interest and punitive damages do not.

Q: Is Jimmy Knows AI giving me legal advice?

A: No. This page is general information about Massachusetts law for educational purposes. It is not legal advice for your situation and does not create an attorney-client relationship. For advice about your own claim, call Jim Glaser Law at (617) JIM-WINS.

Talking to a Lawyer

The number for pain and suffering is argued, not looked up, and the arguing starts with the first medical visit. If you were hurt and want to understand what your claim involves, call Jim Glaser Law at (617) JIM-WINS. The line is answered 24 hours a day. The first telephone consultation is free.