By: trantololaw

If you’ve been in a car accident in Massachusetts, understanding how fault is decided is very important. Massachusetts uses a rule called modified comparative negligence to figure out who can get compensation and how much. This rule means you can still receive money for your damages even if you were partly to blame for the accident, but only if you were not at fault.

Working with an experienced injury attorney in Massachusetts can help you understand how the rule applies to your situation and ensure you take the right steps to protect your claim.

What Is Modified Comparative Negligence?

Modified comparative negligence is a legal rule that decides how fault affects compensation in personal injury cases. If you are injured in an accident, you can still recover damages if your share of the blame is 50% or less. If you are more than 50% responsible, you cannot get any money for your injuries.

Here’s how it works: if you are 30% at fault and your total damages are $40,000, you can still get $28,000 (70% of the total). But if you are 51% at fault, you can’t receive any compensation.

This rule is key in Massachusetts because it ensures that only those who are less at fault than the other party can recover damages. Understanding it can help you avoid surprises during the claims process.

How Is Fault Determined in a Car Accident?

To decide fault in a Massachusetts car accident, insurance companies, attorneys, and sometimes courts review the evidence. This might include witness accounts, police reports, photos, and expert opinions. Each person involved in the accident is assigned a percentage of fault based on their actions.

For example, if you were speeding, but the other driver ran a red light, both of you might share responsibility for the accident. The percentage of fault assigned to each person will directly impact the amount of money they can recover.

It’s also worth noting that Massachusetts has a no-fault insurance system. This means your insurance company typically covers minor injuries through personal injury protection (PIP) coverage, no matter who caused the accident. However, for serious injuries or when damages exceed certain limits, the modified comparative negligence rule will apply.

Why Knowing About Modified Comparative Negligence Helps

Understanding how modified comparative negligence works can give you a big advantage when making a claim. Here’s why it matters:

• Realistic Expectations: Knowing how your percentage of fault affects your compensation helps you understand what to expect.
• Stronger Position in Negotiations: Insurance companies often try to increase your fault percentage to lower your payout. If you understand the rules, you can push back against unfair blame.
• Better Preparation: You’ll know what evidence to collect and how to argue your case to get a fair result.

This information can help you make smarter decisions and feel more confident during the claims process.

Why Hiring an Attorney Makes a Difference

Handling a car accident claim without legal help is tough, especially if the insurance company tries to blame you for the accident. Under the modified comparative negligence rule, even a small increase in your fault percentage can drastically reduce the amount of money you receive—or prevent you from recovering anything at all.

An experienced lawyer can go over the details of your accident, gather evidence, and make sure fault is assigned fairly. They can also handle tough negotiations with the insurance company, making sure you get the compensation you’re entitled to.

If your case goes to court, an attorney can present your side of the story clearly and persuasively. This can be especially helpful if fault is being heavily disputed.

When Should You Talk to an Attorney?

It’s a good idea to talk to a lawyer if:

• Your injuries are serious or will impact your life long-term.
• The insurance company completely denies your claim or offers a very low settlement.
• Fault is unclear, and you believe the other party shares responsibility.
• You’re worried that you might be assigned more than 50% of the fault.

A lawyer can guide you through the process, secure your rights, and help you get the compensation you deserve.

Talk to a Massachusetts Attorney About Your Claim

If you’ve been in a car accident in Massachusetts, understanding modified comparative negligence is important. This rule affects the amount of compensation you can recover and whether you’re eligible for a settlement at all.

Don’t risk your claim by going it alone. Speak to an experienced injury attorney in Massachusetts who can review your case, explain your options, and help you fight for the compensation you’re owed. Take the first step today to protect your rights and get the help you need.

Disclaimer: “The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.”.

Published by Tom W.