Lost Wages in a Massachusetts Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in Massachusetts, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
3 years
Filing Deadline
No-Fault
Auto System
What Lost Wages You Can Recover in Massachusetts
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in Massachusetts
Massachusetts Injury Law
Massachusetts operates a no-fault auto insurance system requiring PIP coverage, which pays initial medical expenses and partial lost wages regardless of who caused the accident. To pursue tort claims for pain and suffering, the injury must meet a $2,000 medical expense threshold or involve certain severe injury categories. Massachusetts applies modified comparative fault with a 51% bar for tort claims that pass the no-fault threshold. The statute of limitations is 3 years. Massachusetts courts, particularly in Suffolk County (Boston), handle a substantial volume of personal injury cases including medical malpractice at world-renowned teaching hospitals. The state caps medical malpractice noneconomic damages at $500,000 under M.G.L. c. 231 § 60H. Massachusetts has no general cap on compensatory damages in other personal injury cases. Chapter 93A consumer protection claims may provide additional remedies and attorney fees in cases involving bad faith insurance practices. Wrongful death claims are subject to the same 3-year limitation.