Legal Question in Civil Litigation in Massachusetts

Negligence and Testing

I have recently been applying to graduate institutions. In my field, there is a single organization which collates transcripts and tests and sends them out to schools. Recently, I discovered that this organization had quite seriously mis-translated my transcript, dropping my GPA by almost half a point (i.e. from 3.8 to 3.3). Since I am applying to very competitive schools, this would have a severe impact on where I got in and where I didn't. I spoke with people from the organization, and they finally assured me that they had sorted it out and that they were sending updates to all of the schools I was applying to. However, I found out yesterday that they had done no such thing, and that the "update" they sent out still contained all of the erroneous information. My question is this: How do I determine how successful this suit would be (and how expensive)? They're a big organization, and while I feel I have a pretty good case that they've been more than negligent about my record, I have no idea what legal responsibility they have or whether there's some kind of get-out-of-jail-free card they can play. Also, I am a student, which means that I have almost no money up front; is there any hope that I can find a lawyer?


Asked on 3/13/00, 8:27 am

2 Answers from Attorneys

Re: Negligence and Testing

It sounds like you have the makings of a very good

case. But it is hard to quantify the damages, if any, from what they did wrong to you.

Give me a call if you would like to discuss it.

(617) 527-0050

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Answered on 3/23/00, 10:46 am
James Miragliotta Miragliotta Law Offices

Re: Negligence and Testing

When approaching a civil claim, there are two hurdles which must be cleared. These are the issues of liability and damages. The reporting board was certainly negligent and therefor probably liable for any resulting harm. However, in order to recover any compensation, you must first prove what your damages are. If this is proven, then the appropriate remedy must be determined. An "equitable" remedy would require tham to either act or refrain from a certain action. For instance, they could be ordered to correct the error in a specific manner. In order to collect monetary compensation, the damages must be such that they can be quantified.

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Answered on 3/23/00, 9:50 pm


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