Personal Injury Complaint - Auto Accident - Massachusetts

COMMONWEALTH OF MASSACHUSETTS

☐ SUPERIOR COURT DEPARTMENT, [___] COUNTY
☐ DISTRICT COURT DEPARTMENT / BOSTON MUNICIPAL COURT DEPARTMENT
DOCKET NO. ________

COMPLAINT AND JURY DEMAND

TABLE OF CONTENTS

1. Document Header
2. Parties
3. Jurisdiction and Venue
4. Definitions
5. Factual Allegations

6. Causes of Action
   • Count I – Negligence (Personal Injury & Property Damage)
   • Count II – [Additional Tort Claim, e.g., Negligent Entrustment]

7. Damages

8. Jury Demand
9. Prayer for Relief
10. Verification
11. Certification of Service
12. Signature Block

1. DOCUMENT HEADER

1.1 Effective Date. This civil action is commenced as of the date of filing with the Clerk of Court (the “Effective Date”).

1.2 Governing Law. All claims asserted herein arise under the substantive tort law of the Commonwealth of Massachusetts and are governed accordingly.

1.3 Jury Demand. Pursuant to Mass. R. Civ. P. 38(b) and Article XV of the Massachusetts Declaration of Rights, Plaintiff demands a trial by jury on all issues so triable.

2. PARTIES

2.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual residing at [PLAINTIFF ADDRESS], County of [________________________________], Commonwealth of Massachusetts.

2.2 Defendant. [DEFENDANT FULL LEGAL NAME] (“Defendant”) is an individual/legal entity with a principal place of residence/business at [DEFENDANT ADDRESS]. At all relevant times, Defendant owned/operated the motor vehicle described below.

3. JURISDICTION AND VENUE

3.1 Subject-Matter Jurisdiction. If filed in the Superior Court, this Court has subject-matter jurisdiction pursuant to Mass. Gen. Laws ch. 212, § 3 because there is no reasonable likelihood that Plaintiff's recovery will be $50,000 or less, the current amount-in-controversy floor for the Superior Court under the Supreme Judicial Court's Standing Order effective January 1, 2020. If filed in the District Court or Boston Municipal Court, that Court has concurrent civil jurisdiction pursuant to Mass. Gen. Laws ch. 218, § 19 because there is no reasonable likelihood that recovery will exceed the $50,000 ceiling set by the same Standing Order.

3.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Massachusetts under the Commonwealth’s long-arm statute and due to Defendant’s residency/vehicle operation in the Commonwealth.

3.3 Venue. Venue is proper in this County under Mass. Gen. Laws ch. 223, §§ 1, 2 because the accident occurred within this County and/or Defendant resides or has its principal place of business here.

4. DEFINITIONS

For purposes of this Complaint, the following capitalized terms have the meanings set forth below:

“Accident” – the motor-vehicle collision that occurred on [ACCIDENT DATE] at or near [ACCIDENT LOCATION].

“PIP Benefits” – Personal Injury Protection benefits required by Mass. Gen. Laws ch. 90, § 34M and related regulations.

“Tort Threshold” – the statutory threshold permitting recovery for pain and suffering in an automobile tort action, as set forth in Mass. Gen. Laws ch. 231, § 6D.

5. FACTUAL ALLEGATIONS

5.1 On [ACCIDENT DATE] at approximately [TIME], Plaintiff was lawfully operating a [YEAR/MAKE/MODEL] motor vehicle traveling [DIRECTION] on [ROADWAY].

5.2 Defendant, operating a [YEAR/MAKE/MODEL] vehicle bearing Massachusetts registration no. [____________], negligently [DESCRIPTION OF CONDUCT – e.g., failed to yield, exceeded the posted speed limit, operated while distracted], causing Defendant’s vehicle to collide with Plaintiff’s vehicle (the “Accident”).

5.3 Liability. Defendant owed Plaintiff a duty to operate the vehicle with reasonable care, breached that duty, and directly and proximately caused the Accident and Plaintiff’s resulting injuries and damages.

5.4 Injuries. As a direct result of the Accident, Plaintiff suffered bodily injuries including but not limited to [DESCRIPTION OF INJURIES], incurred reasonable medical expenses exceeding $2,000, experienced pain and suffering, sustained lost wages, and incurred property damage to Plaintiff’s vehicle.

5.5 Tort Threshold Compliance. Plaintiff’s reasonable and necessary medical expenses exceed $2,000 and/or Plaintiff sustained [serious disfigurement / fracture / permanent loss of a bodily function] within the meaning of Mass. Gen. Laws ch. 231, § 6D, thereby satisfying the Tort Threshold and permitting recovery for pain and suffering.

5.6 Comparative Negligence. Plaintiff’s negligence, if any, was not greater than the combined negligence of all persons against whom recovery is sought and therefore does not bar recovery under Mass. Gen. Laws ch. 231, § 85; Plaintiff is presumed to have exercised due care, and the burden of proving comparative negligence rests on Defendant.

6. CAUSES OF ACTION

COUNT I – NEGLIGENCE (PERSONAL INJURY & PROPERTY DAMAGE)

6.1 Plaintiff realleges and incorporates by reference paragraphs 1 through 5.6 as though fully set forth herein.

6.2 Duty. Defendant owed Plaintiff a duty to operate and maintain Defendant’s vehicle with reasonable care and in compliance with Massachusetts traffic laws.

6.3 Breach. Defendant breached said duty by [SPECIFIC NEGLIGENT ACTS].

6.4 Causation. Defendant’s breach was the direct and proximate cause of the Accident and of Plaintiff’s bodily injuries, pain and suffering, lost wages, medical expenses, and property damage.

6.5 Damages. Plaintiff has incurred damages in an amount to be proven at trial, including but not limited to medical expenses, loss of earning capacity, property damage, pain and suffering, and loss of enjoyment of life.

COUNT II – [ADDITIONAL TORT CLAIM, e.g., NEGLIGENT ENTRUSTMENT / LOSS OF CONSORTIUM / G.L. c. 93A]

6.6 [INSERT ALLEGATIONS SUPPORTING SECOND CLAIM OR REMOVE COUNT.]

7. DAMAGES

7.1 Special Damages. Reasonable and necessary medical expenses currently total approximately $[___] and continue to accrue. Property damage to Plaintiff’s vehicle is estimated at $[___].

7.2 General Damages. Plaintiff seeks fair compensation for past and future pain and suffering, emotional distress, loss of enjoyment of life, and any permanent impairment.

7.3 Lost Wages & Earning Capacity. Plaintiff has lost approximately $[___] in wages and may sustain future lost earning capacity.

7.4 Comparative Negligence Offset. To the extent any comparative negligence of Plaintiff is alleged and proven, Plaintiff’s damages shall be reduced only in accordance with Mass. Gen. Laws ch. 231, § 85, and only if Plaintiff’s negligence is not greater than the combined negligence of all defendants.

7.5 Damage Caps. Plaintiff is unaware of any statutory cap applicable to the claimed damages against this private Defendant under current Massachusetts law; however, Plaintiff reserves the right to adjust claims should any cap apply (e.g., the charitable-organization tort cap of Mass. Gen. Laws ch. 231, § 85K or the Massachusetts Tort Claims Act cap of Mass. Gen. Laws ch. 258, § 2, if applicable to a particular defendant).

7.6 This civil action does not seek damages for pain and suffering unless and until Plaintiff has satisfied the Tort Threshold described in Paragraph 5.5, consistent with Mass. Gen. Laws ch. 231, § 6D.

8. JURY DEMAND

Pursuant to Mass. R. Civ. P. 38(b), Plaintiff respectfully demands a trial by jury on all issues so triable.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in Plaintiff’s favor and against Defendant as follows:
a. An award of compensatory damages in an amount to be determined at trial;
b. Pre-judgment and post-judgment interest as allowed by law;
c. Costs of suit, including reasonable attorney’s fees where permitted;
d. Such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [PLAINTIFF NAME], verify under the pains and penalties of perjury that I have read the foregoing Complaint and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.

Date: ____________ ______________________________
[PLAINTIFF NAME]

11. CERTIFICATE OF SERVICE

I certify that on this ___ day of ___________, 20__, I caused a true copy of the foregoing Complaint to be served upon Defendant at the address listed above by [METHOD OF SERVICE] pursuant to Mass. R. Civ. P. 4 and 5.

______________________________
[ATTORNEY NAME]

12. SIGNATURE BLOCK

Respectfully submitted,

[PLAINTIFF NAME]
By Counsel,

________________________________________
[ATTORNEY NAME], Esq. (BBO No. ______)
[FIRM NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
Tel: [___-___-____]
Email: [EMAIL ADDRESS]

Attorney for Plaintiff