This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
Massachusetts Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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FAQ
Under Massachusetts case law, that includes loss of companionship and the benefits of married life, loss of comfort, solace or moral support, restrictions on a social or recreational life; basically, it is a claim for the loss of the full enjoyment of the marital or parent-child relationship.
There is no standardized formula for calculating the loss in a consortium case. Instead, the jury is to award a reasonable amount of compensation. Because of the nature of the harm, spouses in loss of consortium cases will be asked about their marriages prior to the accident.
However, in Massachusetts, only the executor or personal representative of the deceased's estate has the legal right to file a wrongful death lawsuit. If a representative was not appointed in the deceased's will, the probate court would appoint one.
For example, if the spouse no longer enjoys the companionship of the injured husband or wife on evening walks, that's an example of loss of consortium. Loss of consortium is the loss of companionship, comfort, sexual relations or the ability to bear children.
In Massachusetts, you can only seek additional financial compensation, such as pain and suffering or unreimbursed expenses, from the negligent driver under specific circumstances. The accident must have caused you to suffer: a broken or fractured bone. permanent and serious disfigurement.
Damages for loss of consortium are often available when someone losses companionship, assistance, sexual relations, or help with household chores or parenting. It is available in virtually any scenario where an individual is losing a sense of companionship, support or comfort from the injured party.
However, damages for loss of consortium can range from less than $50,000 to more than $1 million. There is no standard to determine the damages you may recover except for statutory limitations. In a medical malpractice case, for example, there is a cap of $250,000 on non-economic damages.
In addition to the two year presentment requirement, the statute of limitations for claims against the MBTA is three years. If a lawsuit is not brought within three years of the injury, you will likely lose your right to a bodily injury recovery against the MBTA.