COMMONWEALTH OF MASSACHUSETTS

[__] COUNTY SUPERIOR COURT

Civil Action No. _______

[PLAINTIFF FULL LEGAL NAME],
  Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME(S)],
  Defendant(s).

COMPLAINT AND DEMAND FOR JURY TRIAL

(Personal Injury - Negligence)

[// GUIDANCE: This template is drafted for use in a standard negligence–based personal-injury action between private parties. Modify where the defendant is a governmental, charitable, or medical-malpractice defendant, or where additional claims (e.g., products liability, wrongful death) are asserted.]

TABLE OF CONTENTS

1. Parties, Jurisdiction, and Venue
2. General Allegations
3. Count I – Negligence
4. Damages
5. Jury Demand
6. Reservation of Rights
7. Prayer for Relief
8. Verification and Rule 11 Certification
9. Signature Block

1. PARTIES, JURISDICTION, AND VENUE

1.1 Plaintiff. [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual residing at [Plaintiff address], [__] County, Massachusetts.

1.2 Defendant(s). [DEFENDANT FULL LEGAL NAME] (“Defendant”) is a [corporation/LLC/individual/etc.] with its principal place of business at [Defendant address].
[Add additional defendants as needed, using defined terms “Defendant 1,” “Defendant 2,” etc.]

1.3 Jurisdiction. This Court has subject-matter jurisdiction pursuant to Mass. Gen. Laws ch. 212, §4 and personal jurisdiction over Defendant under Mass. Gen. Laws ch. 223A, §3 because Defendant [is domiciled in/does business in/committed the tortious act in] the Commonwealth.

1.4 Venue. Venue is proper in this Court under Mass. Gen. Laws ch. 223, §§1, 2 because [county-specific rationale, e.g., Defendant resides here; the cause of action arose here].

2. GENERAL ALLEGATIONS

2.1 On [date], at approximately [time], Plaintiff was lawfully present [location, e.g., “on public roadway Route _ in _____, Massachusetts”].

2.2 At that time and place, Defendant [describe conduct—e.g., “operated a motor vehicle while distracted and failed to keep a proper lookout”].

2.3 Defendant owed Plaintiff a duty of reasonable care under Massachusetts common law and Mass. Gen. Laws ch. 90, §14 [insert any specific statutory duty if applicable].

2.4 Defendant breached that duty by [specific acts/omissions].

2.5 Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries, including but not limited to [list physical injuries], pain and suffering, emotional distress, lost wages, and medical expenses.

2.6 Plaintiff has complied with all statutory prerequisites to filing this action.
[// GUIDANCE: Insert notice-of-claim compliance for governmental defendants (Mass. Gen. Laws ch. 258, §4) or 182-day notice for med-mal (ch. 231, §60L) if applicable.]

3. COUNT I – NEGLIGENCE

3.1 Plaintiff realleges and incorporates Paragraphs 1.1 through 2.6 as if fully set forth herein.

3.2 Duty. Defendant owed Plaintiff a duty to exercise reasonable care to avoid causing foreseeable harm.

3.3 Breach. Defendant breached that duty by [state specific negligent acts/omissions].

3.4 Causation. Defendant’s breach was the factual and legal cause of Plaintiff’s injuries.

3.5 Damages. As a result, Plaintiff suffered and continues to suffer:
 a. Past and future medical expenses;
 b. Lost wages and diminished earning capacity;
 c. Pain, suffering, and loss of enjoyment of life;
 d. Property damage [if applicable];
 e. Any other damages proven at trial.

3.6 Comparative Negligence. Pursuant to Mass. Gen. Laws ch. 231, §85, any contributory negligence attributable to Plaintiff that is not greater than fifty percent (50 %) shall not bar recovery but shall proportionately diminish damages.

3.7 Joint Liability. Under Massachusetts law, multiple tortfeasors are jointly and severally liable for Plaintiff’s indivisible injuries, subject to the proportionate-fault limitations of ch. 231B and ch. 231, §85.
[// GUIDANCE: Where a defendant is found less than 50 % at fault, its exposure for non-economic damages may be limited to its proportional share; include additional counts or contribution claims as needed.]

4. DAMAGES

4.1 Plaintiff seeks all damages allowed by Massachusetts law, including but not limited to:

a. Compensatory damages for bodily injuries and emotional distress;
 b. Special damages for medical bills and out-of-pocket expenses;
 c. Loss of earnings and earning capacity;
 d. Interest under Mass. Gen. Laws ch. 231, §§6B & 6C from the date of the commencement of this action;
 e. Costs as permitted by Mass. R. Civ. P. 54(d) and applicable statutes;
 f. Such other relief the Court deems just and proper.

4.2 Damage Caps. Plaintiff’s damages are subject to any mandatory statutory limitations, including but not limited to:
 • The $500,000 cap on non-economic damages in medical-malpractice actions (Mass. Gen. Laws ch. 231, §60H);
 • The $100,000 cap applicable to claims against the Commonwealth or its subdivisions under the Massachusetts Tort Claims Act (Mass. Gen. Laws ch. 258, §2).
[// GUIDANCE: Delete inapplicable caps or add others, e.g., charitable-immunity limitations under ch. 231, §85K.]

5. JURY DEMAND

Pursuant to Massachusetts Rule of Civil Procedure 38(b) and Article XV of the Massachusetts Declaration of Rights, Plaintiff hereby demands a trial by jury on all issues so triable.

6. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to add parties, claims, and/or damages as discovery may reveal, in accordance with Mass. R. Civ. P. 15 and any Court scheduling order.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter Judgment in favor of Plaintiff and against Defendant as follows:

1. Awarding compensatory damages in an amount to be proven at trial;
2. Awarding prejudgment and post-judgment interest as allowed by law;
3. Awarding costs and reasonable attorneys’ fees where permitted;
4. Granting such other and further relief as this Court deems just and proper.

8. VERIFICATION AND RULE 11 CERTIFICATION

I, [ATTORNEY NAME], counsel for Plaintiff, certify that I have read the foregoing Complaint; that to the best of my knowledge, information, and belief, formed after reasonable inquiry, it is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose.
See Mass. R. Civ. P. 11.

9. SIGNATURE BLOCK

Respectfully submitted,

[PLAINTIFF FULL LEGAL NAME],
  By its attorney,

[ATTORNEY NAME], Esq. (BBO #_)
[Firm Name]
[Street Address]
[City, State, ZIP]
Telephone: [_]
Email: []

Date: ______

[OPTIONAL] NOTARY / WITNESS SECTION

[// GUIDANCE: Massachusetts civil complaints do not require notarization or witnesses, but add if local practice or specific claim demands it.]

[// GUIDANCE: Attach the Massachusetts Superior Court Civil Action Cover Sheet, Statement of Damages (if required), and Track Assignment Notice as separate documents upon filing.]