COMMONWEALTH OF MASSACHUSETTS
[_] TRIAL COURT
[_] DEPARTMENT, [_] DIVISION
DOCKET NO. _
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
Defendant.
COMPLAINT AND JURY DEMAND
[// GUIDANCE: Replace bracketed text throughout. Check local administrative orders for county-specific caption formatting and docket number assignment procedures.]
TABLE OF CONTENTS
- Document Header
- Parties
- Jurisdiction and Venue
- Definitions
- Factual Allegations
- Causes of Action
• Count I – Negligence (Personal Injury & Property Damage)
• Count II – [Additional Tort Claim, e.g., Negligent Entrustment] - Damages
- Jury Demand
- Prayer for Relief
- Verification
- Certification of Service
- 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.
[// GUIDANCE: Add additional defendants, corporate registration details, and agency/allegations as appropriate.]
3. JURISDICTION AND VENUE
3.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction pursuant to Mass. Gen. Laws ch. 212, § 4 (Superior Court) [OR appropriate statute for District Court] because the amount in controversy exceeds the Court’s jurisdictional minimum.
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 less than 51% and therefore does not bar recovery under Mass. Gen. Laws ch. 231, § 85.
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.]
[// GUIDANCE: Add or delete additional counts based on the facts—e.g., negligent entrustment against owner, loss of consortium for spouse, or G.L. c. 93A claim for unfair settlement practices.]
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.
7.5 Damage Caps. Plaintiff is unaware of any statutory cap applicable to the claimed damages under current Massachusetts law; however, Plaintiff reserves the right to adjust claims should any cap apply.
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]
[// GUIDANCE: Verification requirements vary; confirm with Mass. R. Civ. P. 11 and any local rule.]
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
[// GUIDANCE:
1. Review Mass. R. Civ. P. 9 for any heightened pleading (e.g., punitive damages not generally available for negligence).
2. Confirm statute-of-limitations compliance (typically 3 years; Mass. Gen. Laws ch. 260, § 2A).
3. Verify PIP exhaustion and lien disclosures to avoid duplicative recovery issues.
4. Consider early 93A demand letter to preserve consumer protection remedies against an insurer.
5. Attach civil action cover sheet (Trial Court Rule I) and Statement of Damages form if filing in Superior Court. ]