What You Need to Know About Comparative Negligence in Massachusetts

If you have been injured due to a car accident in Massachusetts, you might have heard the term “comparative negligence.” Terms like this can be extremely confusing, especially since the average injury victim does not have much legal knowledge. Although comparative negligence can be confusing, it is not something you should brush aside as you approach your injury claim.

The concept of comparative negligence has the potential to greatly affect your personal injury claim and your chances of recovering a settlement. If you would like to explore concepts like comparative negligence in greater depth, your best bet is to get in touch with a personal injury attorney in the Bay State as soon as possible. Our legal professionals can explain confusing terminology and help you approach your injury claim with confidence. Book a consultation with one of our attorneys if you are serious about filing an injury claim. Aside from explaining the legal process, we can also negotiate on your behalf and represent you in court if necessary.

What is Comparative Negligence?
Comparative negligence is a system in which more than one party can be held liable for a crash or an injury. The crucial thing to remember is that the victims themselves can be held partially liable under this system and still receive a settlement. In other words, if you contributed to the crash in some way, comparative negligence allows you to recover compensation for your injuries.

This is notably distinct from contributory negligence, in which injured victims are completely barred from recovering a settlement if they contributed to the crash in any way. Only a handful of states still follow this system.

How Does Comparative Negligence Work in Massachusetts?
For those states who do follow a system of comparative negligence, not all are exactly the same. Some are “pure” comparative negligence states, which means victims can recover compensation whether they were 1% liable for their own injuries or 99% liable for their own injuries. There is no limit. However, Massachusetts is not one of these states, and instead follows a system of “modified” comparative negligence. This means there is a limit on whether or not victims can recover compensation if they were partially liable for their own injuries. To be exact, you can be 50% responsible for your own accident and still recover compensation. If you are 51% responsible or more, you will not be able to recover compensation. Because of this, proving that your liability is under this threshold becomes key, and it is one of the many reasons hiring a qualified attorney in Massachusetts is so important.

Enlist the Help of a Qualified Attorney Today
If you have been searching the Massachusetts area for a qualified personal injury attorney, look no further than The Law Offices of Johnson, Sclafani & Moriarty. We understand that injury victims are in dire need of money now. You may be struggling with considerable medical bills, and your injuries may prevent you from earning an income. The good news is that a settlement can help you pay for all of these damages, including non-economic losses. Book your consultation today, and we can help you strive for a fair, adequate settlement. Call us now at 413-732-8356.