Comparative Negligence and Massachusetts Personal Injury Lawsuits

If you've been hurt in an accident and want to file a Massachusetts personal injury lawsuit, it might help to first learn about something called comparative negligence.

When you file a negligence case that resulted in your injury, the court will first determine who is at fault. Now, in some cases, the courts may-hypothetically-believe you yourself were doing something that also contributed to the accident, like speeding or making an illegal turn.

If the court decides that you bear some of the blame, the idea of comparative negligence will come into play. Here, the court will figure out who bears most of the responsibility for your accident.

Massachusetts negligence law uses something called the 51% rule. This means that if you, as the victim, are found to be more than halfway responsible for your accident, you are not entitled to any legal compensation.

Even if you bear 50% of the blame, you can still get restitution. However, some percentage of the award may be docked. For instance, if the court determines that you bear 10% of the responsibility, you will only get 90% of the full compensation.

Remember that this only applies if the court believes that you contributed to your accident in some way. This makes it all the more important to have a capable Massachusetts personal injury lawyer working on your side.

Learn more about Massachusetts comparative negligence laws by visiting our library. 

A qualified Massachusetts personal injury lawyer will look into the specifics of your claim to establish liability and help you recover the compensation you deserve for your accidents and injuries.