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Answer by Defendant in a Civil Lawsuit Alleging the Affirmative...

Massachusetts Answer by Defendant in a Civil Lawsuit Alleging the Affirmative Defense of Assumption of Risk

Category:

Civil Procedure - Answers

State:

Multi-State

Control #:

US-00964BG

Format:

Instant download

Description

A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. In a suit in which plaintiff alleges that defendant has been negligent, assumption of risk is sometimes a defense which a defendant can raise. In raising such a defense, defendant basically states that the plaintiff knowingly assumed the risk of the harm that was caused. The Second Defense of this form gives an example of pleading such a defense.

This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.

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How to fill out Answer By Defendant In A Civil Lawsuit Alleging The Affirmative Defense Of Assumption Of Risk?

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FAQ

Special Damages in a Personal Injury Case For example, when someone is injured in a rear-end car accident and they require medical treatment, the medical bills they incur for the related treatment are considered special damages (or informally referred to as just ?specials?).

A party shall state in short and plain terms his defenses to such claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial.

In a personal injury case, general damages are the compensation you receive for the intangible losses following an injury, like pain and suffering and emotional distress. By contrast, special damages are the compensation for losses that are more ascertainable, like medical expenses and lost wages.

Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses.

Types of Special Damages Lost wages and loss of earning capacity. Medical expenses, both past and future. Loss of irreplaceable items. Replacement or repair of property damage. Personal care costs. Cost of living with a disability. Costs associated with lessening their own liability.

(1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. (2) A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses.

In contract law, special damages (also called consequential damages) refer to irregular damages such as physical injuries during a breach of contract, but general damages would refer to the damages expected from the contract being breached.

Any of the following losses may be considered special damages: The cost of repairing or replacing damaged or destroyed property, such as your vehicle. Medical bills, which can include hospital stays, physical therapy, prescription drugs, and many other types of expenses. Lost wages and loss of earning capacity.