Sample Claim Statement With Negligence In Massachusetts
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These legal elements include a professional duty owed to a patient, breach of duty, proximate cause or causal con- nection elicited by a breach of duty, and resulting in- juries or damages suffered. 1 These 4 elements apply to all cases of negligence regardless of specialty or clin- ician level.
In addition to bystander claims, you can also file a lawsuit in Massachusetts for direct negligent infliction of emotional distress. However, such claims are rare, and you should discuss your case with our Boston personal injury lawyers before proceeding.
The Four Elements of Negligence The defendant that you are suing owed you a specific legal duty. The defendant breached (broke; failed to carry out) that legal duty. The defendant's breach of his/her legal duty caused some type of event to occur. That you as the plaintiff suffered harm as a result of that event.
The proper venue could be the place (i.e., municipality or county) where a piece of land is located, or the place where one of the parties lives or has their business, for example.
Small claims court is an informal and inexpensive forum to help you settle disputes of $7,000 or less. There are a few exceptions: If your case is based upon property damage sustained in an automobile accident, the award may exceed $7,000.
If you're writing your own answer, it should include: The name of the court (in this case, Probate and Family Court) The division of the court. The docket number. The plaintiff's name (this is the person who filed the complaint) v. The defendant's name (this is you) and any other defendant listed on the complaint.
A person is negligent if, by doing something or not doing something, he or she fails to use reasonable care. Reasonable care means the level of attention and forethought that a reasonably careful person, a person of ordinary caution and prudence, would exercise in those particular circumstances to avoid harming others.
For any negligence case, your attorney must be able to establish four elements, including: (1) Duty of Care. The first thing that needs to be established is that there was a duty of care on the part of the defendant. (2) Causation. (3) Breach of Duty. (4) Damages.
To succeed in an action for negligence, you need to establish that: The professional owed a duty to you (either contractual or tortious) The professional breached the duty owed to you. The professional's breach of duty caused you to suffer loss. The loss caused by the professional's breach of duty is recoverable.
For any negligence case, your attorney must be able to establish four elements, including: (1) Duty of Care. The first thing that needs to be established is that there was a duty of care on the part of the defendant. (2) Causation. (3) Breach of Duty. (4) Damages.
