Visitor Question

$2,000 Threshold in Massachusetts?

Submitted By: Jack (Attleboro, Massachusetts)

Three people were injured in a car accident in Massachusetts but each of them have medicals between $400.00 and $ 700.00. Can they bring a claim for damages since there is a $$2,000 threshold in Mass?

Can you please explain what this threshold is and what it means to personal injury claims? I can’t believe it’s impossible to recover damages less than $2,000. Thanks for any insight you can give on this issue.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jack,

Massachusetts is a No-Fault insurance State and is unique to other No-Fault States.

In 1981 Massachusetts General Laws, Ch. 231, §6D established a “threshold” of $2,000 dollars which must be met by the injured party for him to be able to recover compensation for pain and suffering. This applies to any accident within the state. If an injured party doesn’t meet the $2,000 dollar threshold he isn’t entitled to compensation for his pain and suffering.

For an injured party to qualify for pain and suffering compensation he must meet at least one the following criteria:

(1) He must exceed $2,000 in “reasonable and necessary expenses” incurred in treating his injury, sickness or disease; or

(2) He must have suffered permanent and serious disfigurement; or

(3) A fracture of one or more of his bones; or

(4) A loss “in whole or part of a body member;” or

(5) Loss of sight or hearing; or

(6) Death.

With credible proof of their injuries your friends will be able to recover their medical bills of $400 and $700 respectively. Unless they meet one or more of the above criteria that’s all they will get.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 10, 2012

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