PLMAmedium
When a Massachusetts plaintiff fails to meet the c. 231 §6D Tort Threshold (no enumerated injury and medicals below $2,000), what categories of damages remain recoverable from the at-fault driver?
Economic losses (e.g., medical bills above PIP, lost wages above PIP) but not pain and suffering
BAll damages including pain and suffering
CPain and suffering only
DNoneconomic damages such as pain and suffering, but economic losses are barred entirely under the Tort Threshold
Why this is the answer
Under c. 231 §6D, a plaintiff who fails the Tort Threshold cannot recover damages for pain and suffering, including mental suffering, from the at-fault driver. Economic losses such as medical bills above PIP, lost wages above PIP's 75% cap, and out-of-pocket replacement services are still recoverable, because c. 90 §34M exempts the tortfeasor only to the extent PIP pays. The threshold limits noneconomic claims, not the entire tort cause of action.
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