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Can I recover compensation if the accident was partly my fault?

 

A:

Compensation for partial fault in a Massachusetts accident injury is based on a number of factors. If you are held partially at fault, the amount of compensation you are paid by the other parties' insurance will be reduced. However, you can still get compensation for partial fault.

How is Fault Determined in an Accident?

One of the most concrete pieces of evidence is the police report generated at the scene if an officer was involved in the response to your accident. This report will describe:

 

• A record of the accident site
• Any laws violated
• Medical response for injury
• If citations were filed (and to whom)
• If any arrests were made

 

Witness statements and photos can also provide great evidence for showing who was at fault in your accident.

How can I get compensation for partial fault?

Insurance companies determine compensation for an accident based on the percentage each party is found to be at fault. If you were found to be 25% at fault for your accident, the other parties' insurance company must compensate for 75% of your accident-related expenses. 

How this percentage is determined is up to the insurance adjuster during your claim negotiation wherein the circumstances of your accident are reviewed. These negotiations can be tricky, as the insurance companies are always looking out for their own bottom line. That's why it is important to have the help of a professional Massachusetts personal injury attorney on your side to ensure that you get the full amount of compensation to which you are entitled, even if your actions partly contributed to the accident. 

Contacting a Massachusetts Personal Injury Attorney

If there is any question that you may be partially at fault for your Massachusetts accident, don't accept blame without a fight.  A trustworthy Massachusetts personal injury attorney can review your case and assist in negotiations with the claims adjuster to make sure you aren't held at fault for more than you should be. Contact the Massachusetts Personal Injury Attorneys at Phillips & Garcia to schedule your FREE legal consultation today - 1-877-892-5620.

As a service to the SouthCoast community and Massachusetts in general, our firm will frequently publish blogs about local traffic accidents. We do this to raise awareness about the common types of motor vehicle accidents that occur in Massachusetts and can result in serious injuries and/or fatalities.

Common accidents include, but are not limited to:

-- single-car accidents;
-- accidents due to hazardous road conditions; and
-- accidents caused by distracted drivers.

If you have been named in this blog or you are the victim's family member or friend and would like the blog removed from our website, please feel free to contact us and we will promptly accomodate your request.

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