Massachusetts Tort Threshold: The $2,000 Test and Five Exceptions

By the FigureMyTax Editorial Team · How we calculate

In Massachusetts you may recover damages for pain and suffering from the at-fault driver only if your reasonable and necessary medical expenses exceed $2,000, or your injury causes death, consists in whole or in part of loss of a body member or permanent and serious disfigurement, results in listed loss of sight or hearing, or consists of a fracture.

The tests

M.G.L. c. 231, 6D lets a plaintiff recover damages for pain and suffering, including mental suffering, only if reasonable and necessary expenses incurred for medical, surgical, x-ray and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing and funeral expenses are determined to be in excess of $2,000, unless the injury (1) causes death, (2) consists in whole or in part of loss of a body member, (3) consists in whole or in part of permanent and serious disfigurement, (4) results in the loss of sight or hearing described in section 36 of chapter 152, or (5) consists of a fracture.

Deductibles do not count against you

Under c. 90, 34M, an amount deducted from PIP because the policyholder elected a deductible has no effect on whether your reasonable and necessary expenses exceed the threshold, and you have no right to recover the deducted amount from an exempt tortfeasor.

A note on an old figure

Section 34M still refers to a $500 figure when it mentions the determination under section 6D. Section 6D itself says $2,000, which is the figure the calculator uses.

Fault and deadlines

Your negligence does not bar recovery if it is not greater than the total negligence of the persons you sue, and damages are diminished in proportion (c. 231, 85). Tort actions must be commenced within three years (c. 260, 2A). See Massachusetts comparative negligence and Massachusetts statute of limitations.

Using the calculator

The Massachusetts no-fault calculator tests the $2,000 line and each injury and combines PIP with your claim. For how non-economic damages are valued, see Massachusetts pain and suffering and economic vs. non-economic damages.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Massachusetts's rules apply to your specific case with a licensed Massachusetts attorney.