Comparative Negligence in Massachusetts
Understanding Comparative Negligence in Massachusetts
In Massachusetts, the legal doctrine of comparative negligence governs personal injury cases. This principle allows accident victims to seek compensation for their injuries even if they are partially at fault. Unlike some states that follow a modified comparative negligence system with a threshold for recovery, Massachusetts applies pure comparative negligence, meaning that an injured party can recover damages regardless of their degree of fault.
Impact on Compensation and Civil Claims
Under Massachusetts’ comparative negligence rule, the amount of compensation awarded to an injured party is reduced by their percentage of fault. For example, if a plaintiff is found to be 30% at fault for an accident and is awarded $100,000 in damages, their recovery would be reduced by 30% to $70,000.
Illustrating the Law in Practice
Consider a scenario where a pedestrian is struck by a speeding car while crossing the street. If the pedestrian is determined to be 20% responsible for the accident due to jaywalking, their compensation would be reduced by 20%. However, they would still be entitled to recover the remaining 80% of the damages.
Challenging Insurance Companies
Insurance companies may attempt to argue that the injured party was more at fault than they actually were to minimize their liability. Our law office is dedicated to countering such tactics by conducting thorough investigations and presenting strong evidence to support our clients’ claims. We work tirelessly to ensure that our clients receive fair compensation for their injuries.
Navigating the complexities of comparative negligence law in Massachusetts requires skilled legal representation. With the expertise and dedication of the Law Office of Matthew A. Rubner, you can trust that your case is in capable hands.
Contact Matt today for a free consultation to discuss your legal options and begin the journey towards justice.
Matthew Rubner