Personal Injury Complaint - Auto Accident - Massachusetts

COMMONWEALTH OF MASSACHUSETTS

Filing attachments: If filing in Superior Court, submit the separate signed Civil Action Cover Sheet with the itemized statement of money damages under Superior Court Rule 29 and serve a copy with this complaint. If filing in District Court or Boston Municipal Court, submit the separate Statement of Damages form for a money-damages case. Keep those figures on the filing attachment, not in this complaint.

☐ 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 threshold set by the Supreme Judicial Court's Standing Order effective January 1, 2020. If filed in the District Court or Boston Municipal Court, this action may proceed under Mass. Gen. Laws ch. 218, § 19 because there is no reasonable likelihood that recovery will exceed the $50,000 threshold set by the same 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. If filed in Superior Court, venue is proper in [COUNTY] under Mass. Gen. Laws ch. 223, § 1 because [PLAINTIFF/DEFENDANT] lives or has a usual place of business there. If filed in District Court, venue is proper in [JUDICIAL DISTRICT] under § 2 because [PLAINTIFF/DEFENDANT] lives or has a usual place of business in that district or an adjacent district. If filed in Boston Municipal Court, identify the proper division under the applicable venue rules before filing.

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, experienced pain and suffering, sustained lost wages, and incurred property damage to Plaintiff’s vehicle.

5.5 Tort Threshold Compliance. Plaintiff satisfies Mass. Gen. Laws ch. 231, § 6D because [CHOOSE AND DESCRIBE THE APPLICABLE BASIS: reasonable and necessary treatment expenses exceed $2,000 / injury caused death / loss of a body member / permanent and serious disfigurement / qualifying loss of sight or hearing / fracture]. Plaintiff therefore seeks 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 medical expenses and lost earnings recoverable in tort after applying Mass. Gen. Laws ch. 90, § 34M, loss of earning capacity, property damage, pain and suffering, and loss of enjoyment of life.

COUNT II – [ADDITIONAL TORT CLAIM, e.g., NEGLIGENT ENTRUSTMENT]

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

7. DAMAGES

7.1 Special Damages. Plaintiff has incurred reasonable and necessary medical expenses and property damage to Plaintiff’s vehicle. Medical expense recovery is subject to the PIP tort-liability exclusion in Mass. Gen. Laws ch. 90, § 34M. The amounts claimed are stated in the separate filing attachment required for the selected court.

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 wages and may sustain future lost earning capacity. The amount claimed is stated in the separate filing attachment required for the selected court.

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 Defendant Status. This form assumes a private defendant. If a defendant is a public employer, address Tort Claims Act presentment under Mass. Gen. Laws ch. 258, § 4 and the liability limit and exceptions in § 2 before filing. If a defendant is a charitable organization, assess whether the activity-specific limit in Mass. Gen. Laws ch. 231, § 85K applies.

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

Complete this certificate after initial service. I certify that on this ___ day of ___________, 20__, the summons and a copy of the Complaint were served together upon Defendant at the address listed above by [SHERIFF / DEPUTY SHERIFF / SPECIAL SHERIFF / OTHER PERSON AUTHORIZED UNDER MASS. R. CIV. P. 4(c)], as shown by the attached return. Rule 4(j) generally requires service within 90 days after filing, absent good cause. Rule 5 service on counsel does not replace initial process.

______________________________
[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