Massachusetts and Comparative Negligence

Personal injury cases often hinge on the issue of negligence. This is true in every state, but Massachusetts negligence law is worth a closer look. If you are a resident of Massachusetts and involved in a car or truck accident, it helps to be familiar with how the State will look at your case.

If you seek to file a Massachusetts personal injury lawsuit, you need to establish that you were harmed by another party's negligence. However, the defendant may try to counter and convince the court that you were the one who was ultimately responsible for the crash.

The system a state uses to establish negligence will fall under 1 of 2 major systems: comparative negligence and contributory negligence. Massachusetts operates under a modified 51% comparative negligence system. 

In any situation, you are expected to exercise care and consideration for those around you. Failure to do so may be considered negligence. As you try to prove another party was at fault for your accident and resulting injuries, the other party may try to prove that you were the one whose negligence caused the accident to occur. 

For example, in the case of a traffic accident, the defendant may try to show that you were speeding or flaunting traffic law in some other way. The court will then look at the amount you and the other party contributed to the accident. If the court decides you are 51% or more responsible for the accident, you cannot collect any compensation. If you are found 50% or less responsible for your accident, you may be able to recover damages on your claim.

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

Phillips & Garcia P.C., a law firm based in the SouthCoast of Massachusetts, takes time when speaking with you about your case and works with you on a contingent fee basis so there are NO FEES unless our trained personal injury lawyers wins your case. Call now to schedule a FREE evaluation of your case - 1-877-892-5620.