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Understanding Comparative Negligence in Massachusetts
Personal Injury Cases

blog-authorDavid A. Keller, Esq.

Introduction

When it comes to personal injury claims in Massachusetts, understanding the concept of comparative negligence is essential. This principle can significantly impact the compensation you may receive. In this blog, we will explain comparative negligence, how it works under Massachusetts law, and what you can do to strengthen your personal injury claim.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine used to determine the percentage of fault attributable to each party in an accident. Under Massachusetts law, even if you are partially at fault for your injuries, you may still recover damages, provided your fault does not exceed 50%.

How Does Comparative Negligence Work in Massachusetts?

  • Fault Allocation: The court or insurance adjuster assigns a percentage of fault to each party involved in the accident.
  • Damage Reduction: Your compensation is reduced by your percentage of fault. For example, if you are 20% at fault and your damages total $100,000, you would receive $80,000.
  • Bar to Recovery: If your fault is 51% or greater, you are barred from recovering any damages.

Examples of Comparative Negligence in Action

  • Car Accident: If you were speeding and another driver ran a red light, both parties might share fault. The court may assign 40% fault to you and 60% to the other driver.
  • Slip and Fall: If you slipped on a wet floor but were looking at your phone instead of watching where you were walking, you might share fault with the property owner.

Why Comparative Negligence Matters

Understanding this concept helps you realistically assess your case and ensures you present a strong argument to minimize your percentage of fault.

How Keller Law Group Can Help

At Keller Law Group, LLC, we meticulously analyze the facts of your case to build a compelling argument that reduces your liability and maximizes your compensation.

Call to Action

"Involved in an accident in Massachusetts? Contact Keller Law Group today to schedule a consultation and understand your legal options."

About Keller Law Group, LLC

Keller Law Group, LLC specializes in immigration law, criminal defense, and personal injury cases. With a commitment to excellence and personalized service, we are here to guide you through every step of the legal process. Visit www.kellerlawgroupllc.com to learn more

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