Is there a general cap on pain and suffering in Massachusetts?

No. In an ordinary injury case against a private person or business, pain and suffering is decided by the jury without a statutory ceiling.

How much can I recover from the government?

The Massachusetts Tort Claims Act, G.L. c. 258, bars liability of a public employer for more than $100,000 on a single claim, and requires presentment of the claim within two years.

Why does this structure matter for a claim?

Because the cap you face depends on who the defendant is, not how badly you were hurt. An injury at a for-profit clinic, a nonprofit hospital and a city-run facility can lead to three different ceilings.

States With Caps on Pain & Suffering Damages

Q: What is the medical malpractice limit?

G.L. c. 231 §60H limits noneconomic damages to $500,000, unless the jury determines there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances that warrant a larger award.

Q: What is the charitable cap?

G.L. c. 231 §85K limits the tort liability of a charitable organization to $20,000 in general, and to $100,000 for malpractice claims against nonprofit organizations providing health care. It has been held not to apply to claims created by statute.

By the FigureMyTax Editorial Team · How we calculate

Most capped states limit a type of damages. Massachusetts limits a type of defendant.

Malpractice providers

G.L. c. 231 §60H caps noneconomic damages in medical malpractice at $500,000. The cap does not apply where the jury finds a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or other special circumstances warranting a finding that the limit would deprive the plaintiff of just compensation. The jury must itemize economic and noneconomic damages separately.

Government employers

The Massachusetts Tort Claims Act provides that no public employer — the Commonwealth or a municipality — can be liable for more than $100,000 on a single claim. That is a limit on total damages, not just pain and suffering, and written presentment is required within two years.

Charitable organizations

Under G.L. c. 231 §85K, a charitable organization's tort liability is limited to $20,000, raised to $100,000 for malpractice claims against nonprofits that provide health care. Because many hospitals are nonprofits, a malpractice defendant's identity can matter as much as the facts.

Everyone else

Against a private individual or for-profit business, there is no statutory cap on pain and suffering. The practical limit is the fault rule: under c. 231 §85 you are barred if your negligence is greater than the defendants' combined, so 51% fault ends the claim.

Injured in Massachusetts?

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

Talk to a Massachusetts attorney

Official sources

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm the current rule in any state with a licensed attorney there.