Section 6D: Damages for pain and suffering in tort actions arising out of operation, etc., of motor vehicles; restrictions

174 words·~1 min read·/ma/part-iii/title-ii/chapter-231/6d

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 6D. In any action of tort brought as a result of bodily injury, sickness or disease, arising out of the ownership, operation, maintenance or use of a motor vehicle within this commonwealth by the defendant, a plaintiff may recover damages for pain and suffering, including mental suffering associated with such injury, sickness or disease, only if the reasonable and necessary expenses incurred in treating such injury, sickness or disease for necessary medical, surgical, x-ray and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing and funeral expenses are determined to be in excess of two thousand dollars unless such injury, sickness or disease

(1)causes death, or

(2)consists in whole or in part of loss of a body member, or

(3)consists in whole or in part of permanent and serious disfigurement, or

(4)results in such loss of sight or hearing as is described in paragraphs (a), (b), (c), (d), (e),

(f)and

(g)of section thirty-six of chapter one hundred and fifty-two or

(5)consists of a fracture.