Massachusetts Pain & Suffering Calculator

Massachusetts doesn't cap pain and suffering in ordinary injury cases. The limits attach to specific defendants — malpractice, government and charities — and you recover nothing if you are more than 50% at fault.

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Estimate your pain & suffering

Enter your economic damages, pick severity, who you are suing, and your share of fault, if any.

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Estimated pain & suffering
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Caps that depend on who you are suing

Massachusetts has no general cap on pain and suffering. The limits attach to the defendant instead. G.L. c. 231 §60H limits noneconomic damages in medical malpractice to $500,000, unless the jury finds a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances. The Massachusetts Tort Claims Act caps liability of a public employer at $100,000 per claim, with written presentment required within two years. Under c. 231 §85K, charitable organizations are limited to $20,000 in tort liability, or $100,000 for malpractice claims against nonprofit health providers.

The fault rule is G.L. c. 231 §85: contributory negligence doesn't bar recovery if it was not greater than the total negligence of the defendants, and damages are diminished in proportion. That makes the cutoff 51%: at 50% you still recover half.

Injured in Massachusetts?

A local personal injury attorney can review your claim — many offer a free consultation.

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Official sources

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Massachusetts statutes. Confirm how these rules apply to your specific case with a licensed Massachusetts attorney.