Massachusetts Negligence and Personal Injury Questionnaire

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Multi-State
Control #:
US-Q1030
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Word; 
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a personal injury/negligence matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

In personal injury cases, negligence is the basis for most claims. To prove negligence, you must establish four key elements: duty, breach of duty, causation, and damages.

Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.

Different Types of Negligence. While seemingly straightforward, the concept of negligence itself can also be broken down into four types of negligence: gross negligence, comparative negligence, contributory negligence, and vicarious negligence or vicarious liability.

Under Massachusetts' comparative negligence doctrine, the award for damages the plaintiff may receive is reduced based on his/her degree of fault. A plaintiff can recover damages for his/her injuries if he/she is less than 51% at fault for the accident.

Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.

Most civil lawsuits for injuries allege the defendant was negligent. To win a negligence lawsuit, the injury victim must establish four elements: 1) the defendant owed a duty of care to the victim, 2) they breached their duty of care, 3) the breach caused the injury, and 4) the victim suffered damages.

The Four Elements of Negligence Are Duty, Breach of Duty, Damages, and Causation.

A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.

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Massachusetts Negligence and Personal Injury Questionnaire