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Comparative Negligence and Massachusetts Personal Injury Law (Part B)

Massachusetts law follows the concept of comparative negligence, which is the norm in the United States. If you've been the victim of negligence, this system offers you a much better chance for getting restitution.

Pure and Modified Comparative Negligence

Simply put, comparative negligence compares the 2 parties involved in an accident. For instance, in the case of a car accident, the court would have to determine the degree to which all involved parties are responsible.

To take a hypothetical scenario, suppose that you were speeding on the road when an even faster driver collided with your vehicle. Under comparative negligence, the court would probably determine that the other driver bears the brunt of the responsibility, perhaps 90%, because he or she was going faster.

However, if you yourself were speeding, you would still bear some responsibility. Since the other driver is 90% at fault, you are only 10% at fault. As a result, you would get 10% less than the full compensation.

These laws vary from state to state. Some states use "pure" comparative negligence, which allows victims to obtain significant compensation even if they behaved quite irresponsibly. Pure comparative negligence is very hard on the defendant.

Massachusetts Negligence Law and the 51% Rule

Other states, like Massachusetts, go by the concept of "modified" comparative negligence. Massachusetts negligence laws operate under something called the 51% Rule. This means that if you, as the injured party, are found to be any more than half responsible for the accident, you will get nothing in compensation.

This is actually a fairly generous system for negligence victims, especially when compared to the contributory negligence model. Even if the court believes that you bear 50% of the blame, you can still receive compensation for your accident injuries. This system is something that you should know about and consider when filing a Massachusetts personal injury lawsuit.

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 due to negligence, contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

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