How Comparative Negligence Can Affect Your Claim

If you have been injured due to someone else's negligence and are seeking compensation from their insurance company, you may consider writing a demand letter. A demand letter could help you in your Massachusetts personal injury claim in many ways, such as providing evidence in court or starting the negotiating process for an out-of-court settlement. 

Comparative Negligence and How it Can Affect Your Personal Injury Claim

Comparative negligence is the percentage each party involved in an accident is at-fault and liable for in relation to the resulting injuries and damages. In Massachusetts, the courts look at the comparative fault of each party to determine overall negligence and the amount of restitution owed to the victim. If you are found to be less than 51% responsible for your accident, you can seek compensation.

Your demand letter is your chance to deny any comparative negligence and assert that the other party was entirely at-fault for your accident. Without comparative negligence, you can claim a larger settlement. 

It is in your best interest to consult with a Massachusetts personal injury lawyer to help you draft a demand letter that outlines your claim and the other party's liability (via their insurance company) if you decide to seek compensation. Your attorney can also discuss how to go about creating a demand letter if you were partially at-fault for your accident and what damages to ask for.

The Massachusetts personal injury attorneys at Phillips & Garcia will fight for your rights in your personal injury case. We are committed to protecting your best interests and helping you collect the damages you need and deserve to move on with your life. If you have been injured in a Massachusetts accident, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.