Accidents happen unexpectedly, and when they do, determining fault can be complicated. In Massachusetts, personal injury claims operate under a comparative negligence system, meaning that even if you are partially responsible for an accident, you may still recover compensation—just not the full amount. However, understanding how this law works and how it may impact your claim is important for anyone pursuing legal action after an injury.
Comparative negligence laws differ from state to state, and Massachusetts follows a modified comparative negligence rule. This means that your ability to recover damages depends on your percentage of fault. Below, we’ll explain how comparative negligence works in Massachusetts, what factors affect your claim, and how an attorney can help you navigate this complex legal process.
Always consult with an experienced MA personal injury lawyer for specific legal advice. A law firm like Brandon J. Broderick, Attorney at Law can help you make sense of your personal injury claim and what steps to take.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine that assigns responsibility in personal injury cases based on the percentage of fault. Instead of one party being entirely to blame, multiple parties can share responsibility for an accident. This doctrine is commonly applied in car accidents, slip-and-fall cases, and other personal injury claims.
The Modified Comparative Negligence Rule in Massachusetts
Massachusetts follows a 51% bar rule under Massachusetts General Laws Chapter 231, Section 85. This means:
- If you are less than 51% at fault, you can recover damages, but your compensation will be reduced by your percentage of fault.
- If you are 51% or more at fault, you cannot recover any damages.
For example, if you were involved in a car accident and found to be 20% at fault, your total compensation would be reduced by 20%. If your damages amounted to $100,000, you would receive $80,000 after the reduction.
However, if you were 60% responsible for the accident, you would not be eligible for any compensation.
How Comparative Negligence Impacts Different Types of Personal Injury Cases
Car Accidents
Massachusetts is a no-fault insurance state, meaning that minor accidents are generally covered under Personal Injury Protection (PIP) insurance. However, for serious injuries exceeding $2,000 in medical expenses or involving permanent disfigurement, you may file a personal injury claim against the at-fault driver.
In these cases, the comparative negligence rule applies. If the other driver can prove you contributed significantly to the accident—such as by speeding or distracted driving—your compensation may be reduced.
Slip and Fall Cases
Property owners have a duty of care to maintain safe premises, but comparative negligence often comes into play in slip-and-fall claims. If you slipped on a wet floor in a store but were looking at your phone instead of watching where you were walking, the store owner may argue that you were partially responsible for your fall. If the court finds you 30% at fault, your compensation would be reduced accordingly.
Workplace Injuries
Workers' compensation claims in Massachusetts do not follow comparative negligence because fault is generally not considered in these cases. However, if you pursue a third-party claim—for example, against a contractor or equipment manufacturer—the comparative negligence rule may apply.
How Fault is Determined in Massachusetts Personal Injury Cases
Gathering Evidence
Establishing fault in a personal injury case requires strong evidence, which may include:
- Police reports
- Witness statements
- Surveillance footage
- Medical records
- Accident reconstruction expert analysis
The Role of Insurance Companies
Insurance companies often try to shift blame onto the injured party to reduce their payout. They may argue that your actions contributed to the accident more than they actually did. This is why having an experienced attorney on your side can help push back against unfair claims of comparative negligence.
Court Decisions
If your case goes to trial, a judge or jury will review all evidence and assign a percentage of fault to each party. The final compensation amount will be adjusted based on this percentage.
Defending Against Comparative Negligence Claims
If the opposing party claims you were partially responsible for your injury, you can counter their argument by:
- Proving the other party’s greater negligence – Demonstrating that the other party’s actions were more reckless or negligent than yours.
- Challenging weak evidence – If the defendant lacks solid proof of your fault, their argument may not hold up.
- Providing expert testimony – Accident reconstruction experts and medical professionals can support your claim and reduce your assigned fault percentage.
Steps to Take If You’re Involved in a Personal Injury Case in Massachusetts
If you’ve been injured due to someone else’s negligence, taking the right steps can protect your right to compensation:
- Seek Medical Attention – Your health should be your priority. Medical records will also serve as key evidence in your case.
- Document the Scene – Take photos, collect witness contact information, and note any relevant details about the accident.
- Do Not Admit Fault – Anything you say, even casually, can be used against you in an insurance claim or lawsuit.
- Consult a Personal Injury Attorney – An experienced lawyer can evaluate your case, negotiate with insurance companies, and build a strong claim.
Call Brandon J. Broderick For Legal Help
Comparative negligence can significantly impact your ability to recover damages in a personal injury claim, especially in Massachusetts. Insurance companies often try to minimize payouts by blaming the victim, making legal representation essential.
At Brandon J. Broderick, Attorney at Law, we are dedicated to protecting the rights of personal injury victims. We will fight to ensure you receive the maximum compensation you deserve.
Contact us today for a free consultation and let us help you navigate the legal process with confidence.