Comparative Fault in Massachusetts

Know Your Rights to Get the Best Recovery Possible

When a person makes a claim for personal injuries in Massachusetts, the responsible party may try to claim that the injured person was also negligence and at least partially responsible for their own injuries.  We call this a claim of comparative fault or comparative negligence and it is governed by G.L. c. 231, s. 85.

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If you are found 50% or less at fault for an injury you suffer, including from a car accident, trip and fall, slip and fall, medical malpractice, or other claim for negligence, the available insurance is entitled to reduce your claim's value by the percentage of your comparative fault.

For instance, if your claim would have been worth $100,000 but you are found 50% at fault, you would only be entitled to receive $50,000.

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You may be surprised to learn that if you are found to be more than 50% at fault for an incident in Massachusetts (even 51%), then you are not entitled to any bodily injury recovery.

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Often, the only option in fighting a finding of comparative fault by the insurance companies is to file a lawsuit against the at-fault driver.

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Insurance companies are stacked with professionals whose goal is to minimize the payments they need to make to you for your property damage claim.  Speak to a professional today to make sure you also have an expert on your side.  Hiring a lawyer to fight for you at no out-of-pocket cost is the smartest move you can make.

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With over a decade of experience representing clients injured in car accidents, the professionals at the Law Offices of Samuel A. Segal know what it takes to get you the best recovery possible.

The time to file your claim is limited, so reach out to us today for your Free Consultation.