Tim Paoli 
Can you get punitive damages in a Massachusetts personal injury case? In the majority of claims, the answer would be “no”. Our experience in this field shows that Massachusetts courts very rarely award punitive damages. However, there are exceptions, such as personal injury cases that involve wrongful death, discrimination, gross negligence, and bad-faith insurance.
Today, the legal team of Michael Kelly Injury Lawyers will help you understand the matter in greater detail so that you know what you can expect in your claim.
Types of Damages Available in Massachusetts Personal Injury Cases
There are three major types of damages a plaintiff can claim in a personal injury case in Massachusetts. They are economic, non-economic, and punitive. The first two are often referred to as compensatory damages, since they aim to reimburse the victim for their losses. The third type is the rarest and is intended to punish the at-fault party.
This comparison table may give you a better understanding of how these types of losses differ from one another:
|
Type |
What Do They Cover? |
Examples |
| Economic | Material losses | Medical expenses, lost wages, property damage |
| Non-economic | Quality-of-life effects | Emotional distress, pain and suffering |
| Punitive | Punishment for extreme misconduct | Wrongful death caused by intentional or reckless behavior, or exceptionally severe injuries |
Economic Damages
An accident or an injury usually brings a fair share of unplanned expenses into the victim’s life. That is what economic, or monetary damages, cover. They typically include medical bills, missed work days, and car repairs. If you are partially at fault in the accident, you will be able to recover a portion of the compensation based on your contribution. To prove economic losses, you need to present relevant bills and receipts.
Non-Economic Damages
Intangible losses can have a real impact on a person’s life. If the plaintiff has PTSD, depression, anxiety, or loss of interest in life, they suffer on an emotional level. Non-economic damages are designed to cover the intangible losses. These can also be considered compensatory damages because they aim to make the victim “whole” again rather than punishing the wrongdoer. There are no bills or receipts for non-monetary losses, but mental health specialists, other experts, and family members can attest to the claim.
Punitive Damages in Massachusetts
Punitive damages exist to punish the negligent party for their reckless conduct. However, not every distracted driver qualifies for such a penalty. The person must act with extreme malice, intention, or other harmful behavior aimed at hurting others. Most personal injury cases in Massachusetts do not qualify for punitive damage awards. This is mainly because a state statute must authorize the application of such measures. The most common example of such regulations is the Massachusetts wrongful death statute (M.G.L. c. 229 § 2).
How Punitive Damages Differ from Other Damages
The key differences between compensatory and punitive damages are who they focus on and which purpose they serve. While compensatory damages center around what a victim has lost, both on a material and non-material level, punitive measures aim to discourage reckless behavior.
As the wrongdoer suffers the consequences of their actions, others in society feel discouraged from repeating the reckless deed. The potential defendant’s conduct has to cross a very serious line to deserve punitive measures. That’s why they are viewed as exceptions, not as a rule.
When Can Punitive Damages Be Awarded Under Massachusetts Law?
The state of Massachusetts has a very strict policy when it comes to punitive damages. A court can’t decide to assign them on its own. There must be a relevant statute allowing this in place. Moreover, even if the state authorizes punitive damages, they do not apply automatically. The severity of the misconduct and its effect on the victim must be proved in full.
One of the most common instances when punitive damages apply is in wrongful death claims. However, not all the personal injury cases that result in someone’s death qualify. The plaintiff needs to prove that the other party acted with complete disregard for human life and not just made a mistake. Other frequent examples are discrimination (M.G.L. c. 151B § 9) and bad-faith insurance (M.G.L. c. 176D § 7).
In a personal injury context, instances of punitive damages are exceptionally rare and often involve someone who has died. If the victim survives, no matter the severity of their injuries and underlying conditions, this type of damage is unlikely to take effect. You must understand these limitations to have realistic expectations.
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Legal Standard for Punitive Damages in Massachusetts Wrongful Death Cases
Punitive damages can be triggered by exceptionally malicious, wanton, or willful actions that result in another person’s death. How do they look in reality? Let’s imagine a situation: a drunk driver ignores the speed limit sign and rushes through a residential neighborhood, killing a pedestrian crossing the road. Can this accident be treated as mere negligence? No. The driver got behind the wheel intoxicated and disregarded local traffic rules, which led to a fatality.
The jury will determine the punitive award assigned to the family of the deceased. In Massachusetts, the threshold is $5,000, but there is no state-approved cap. The jury can assign any range of compensation they see fit based on the at-fault party’s behavior.
Other Examples of Misconduct That Might Justify Punitive Damages
Punitive damages can be assigned outside wrongful death cases. For instance, when an employer denies an employee promotion based on their race or nationality, disregarding any professional qualifications, it is discrimination. The same applies to cases when an employer humiliates someone in front of their coworkers based on their gender or religion. If you file a corresponding claim, the court may grant punitive measures to punish the employer for its intentional misconduct.
Massachusetts law also allows punishing bad-faith insurers. In cases when an insurance company ignores submitted bills, denies a valid claim, or pressures an injured party to accept lower compensation, punitive damages may apply. However, the victim needs to prove that these actions caused them financial or emotional harm.
How Do Courts Determine the Amount of Punitive Damages in Massachusetts?
There is no universal cap for punitive damages in Massachusetts. The courts evaluate every case individually. Let’s use this example: a construction worker falls and sustains a fatal injury. Upon detailed investigations, it was discovered that the company had ignored vital safety rules and left the scaffold unsecured.
These are a few factors that can point the court in the direction of rightful punitive damages:
-
Seriousness
Since the company knew about the safety measures and deliberately ignored them, punitive damages may exceed the state-approved minimum.
-
Harm
The victim’s family suffered severe financial hardship and emotional distress due to the loss of the breadwinner — the amount increases.
-
Deterrence
The higher the punitive award, the better the chances that other construction companies won’t ignore safety rules.
-
Financial status
Wealthier defendants may face larger punitive damages than those who have little to lose.
-
Constitutional limits
Punitive damages in personal injury cases may exceed the amount of the compensatory award within reason. Baseless, excessive awards are discouraged.
The court has to find a balance between punishing the wrongdoer and protecting the community when it finalizes punitive damages. In some cases, they might consider failure to mitigate damages when calculating the total amount, but this is more common with compensatory verdicts.
How Do Massachusetts Personal Injury Lawyers Approach Punitive Damages?
Most personal injury claims have layers that only a trained expert can notice. In case of punitive damages, it takes proper knowledge of local law to determine if there is anything on the table for you.
If, after reviewing the facts and statutes, an attorney realizes that punitive damages are possible, they will proceed with gathering clear and convincing evidence. Anything that can prove another person’s intentions or willfulness to hurt you will be assessed and recorded. The list of proof expands from photos to witness statements, medical records, and beyond to reflect the full impact of the wrongdoing.
Based on the careful assessment of personal injury claims, lawyers often build individual strategies aimed at maximizing the potential settlement an injured party is entitled to. They will negotiate the compensation and deflect lowball offers. Moreover, a committed attorney will take the case to court if needed.
Contact a Boston Personal Injury Attorney for Legal Advice
In case you or your loved one has been injured, and you suspect that there are grounds for punitive damages, you should contact a trained personal injury attorney immediately. Our legal team can review your case without any initial injury lawyer fees involved. We work on a contingency fee basis, so that you don’t have to pay us until we win.
Don’t underestimate the complexity of personal injury claims that involve punitive damages — contact us today!
