How Does Comparative Negligence Work in Massachusetts?Joel H. Schwartz, P.C.

How Does Comparative Negligence Work in Massachusetts?

Have you ever been involved in an accident that was only partially your fault? What did the insurance company say? It was probably something like, “sorry, you were responsible for the accident, so you’re not entitled to compensation.”

In Massachusetts, this shouldn’t be the case thanks to something known as “comparative negligence.”


What Is Comparative Negligence?

Comparative negligence is a fancy term that basically breaks down the fault for an accident into percentages that are then assigned to each involved party according to his or her actions. For example, let’s say that you and another motorist are involved in an accident. Once your case goes to trial, a jury will then assign fault percentages to you and the other parties involved (e.g., 40 percent your fault and 60 percent theirs).


Compensation Is Affected by Comparative Negligence

Now that you understand what comparative negligence is, let’s talk about how comparative negligence can affect your financial award. Obviously, the amount of compensation you are awarded will vary based on your specific case and damages; however, let’s use an estimate.

Let’s say that you are awarded $100,000 in the case, but you were found to be 20 percent at fault. In the state of Massachusetts, you would then have 20 percent docked off of your total award amount, leaving you with $80,000.

To understand comparative negligence better and to determine its impact on your case, contact a lawyer today.


Contact a Boston Injury Lawyer

Comparative negligence can be a tricky subject, especially when you are responsible for presenting your side of the case and minimizing your contribution to the accident. These are great reasons for hiring an experienced personal injury attorney to handle your case.

An attorney will investigate your accident and make sure that the case is presented to the jury properly. Don’t think that just because you’re somewhat at fault, you can’t file a claim. Talk to an experienced injury attorney at Joel H. Schwartz, PC by completing the form below or by giving us a call at 1-800-660-2270.

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