If you were hurt in an accident due to someone else’s negligence such as a motor vehicle accident or a slip and fall, you may have the right to legal recourse through personal injury law. Injuries can be costly, resulting in hefty medical expenses. Coupled with lost income from being unable to work, other out-of-pocket expenses, and even the mental impacts that come with physical injuries, personal injury law allows you to recover compensation to make your life as whole again as possible.
However, in Massachusetts, you should know about how comparative negligence may impact your case. Understanding this state rule can shed more light on what you may receive for your claim.
What Is Comparative Negligence in Massachusetts?
The rule of comparative negligence is used to determine fault in personal injury cases. Each state follows different forms of this rule, and in Massachusetts, it is a modified comparative negligence model.
With modified comparative negligence, each party can be assigned a percentage of fault in the accident. You must be 50% or less at fault for your role in the accident to recover damages in your personal injury case. Some states use a pure comparative negligence rule, which allows victims with 99% fault to collect compensation while a select few states use contributory negligence which bars anyone from collecting compensation if they have 1% or more fault in the matter.
Although you may share some of the blame in a Massachusetts personal injury case, the percentage you are assigned makes a huge impact on how much compensation you can receive. Additionally, it is common for insurers to try to pin blame on victims to reduce settlement payouts or even deny the claims completely.
How Is Compensation Calculated with Comparative Negligence in Massachusetts?
The best way to understand Massachusetts’ modified comparative negligence rule is to consider an example. If you were driving your car through an intersection while the traffic light was green, you had the right of way. However, another driver coming from another direction ran the red light and crashed into your vehicle.
You might look at this scenario and say that the other driver was completely at fault. If you were following the rules of the road, it may be determined that this person violated traffic laws and caused the accident that led to your injuries. That can all change if you were doing something negligent, such as speeding.
Perhaps the posted speed limit on that road was 45 mph but you were going 55 mph at the time of the crash. In that case, you may be assigned a percentage of fault since it can be argued that if you were driving at the speed limit, the accident might not have happened.
The driver who ran the red light would be assigned a higher percentage of fault, perhaps 80% while you may receive 20% of the fault. You’d still be able to collect compensation, though if your award was $100,000, you’d lose 20% of it, which is $20,000, leaving you to collect $80,000 of your awarded compensation.
What Can You Do to Prevent Comparative Negligence from Reducing Your Compensation?
When you have a personal injury matter, it is important to take the right steps afterward to protect your legal rights. This will give you a better chance of keeping the rule of modified comparative negligence in the state from diminishing the value of your case.
Document Your Accident
Documentation of your accident is essential in a personal injury case, whether it was a car crash or you slipped and fell at your favorite restaurant. On the road, you’ll want to call the police to have them complete an accident report that you can use as evidence in your case. On someone’s property, you’ll want to fill out a report with the owner or manager and get a copy.
Photos, videos, surveillance footage, and witness testimony are other important pieces of evidence. Don’t forget about your medical bills and other expenses, or documenting your loss of income if your injuries caused you to miss work.
Get Immediate Medical Treatment
Personal injury cases center around injuries incurred through someone’s negligent actions or inactions. In order to have a valid case, you must have suffered harm in this event. No matter the kind of accident that happened, you need to seek immediate medical care for your injuries.
Even if you do not see physical wounds on your body, there are many kinds of injuries that can occur in the brain and other vital organs. You may feel fine but don’t make the mistake of skipping any medical care. Additionally, if injuries are discovered, make sure that you are following all medical advice from the doctors who are treating you. Failing to do so may compromise your settlement.
Never Admit to Fault
When talking to the other party to exchange information or talking to the insurance companies, you should never admit fault. You may believe something you did contributed to the accident, but your perception could be wrong. Even apologizing because these circumstances occurred can be seen as an admission of fault and could increase your likelihood of being blamed.
Ask a Personal Injury Attorney
The majority of injured victims will need help from injury lawyers. Massachusetts laws can complicate your case, and with your injuries, it may be exhausting to try to negotiate for what is fair on your own.
When you work with a personal injury attorney, they will take over and guide you through the legal process. They’ll first investigate the accident and gather evidence to help strengthen your case. They will then calculate the full extent of your damages to arrive at a fair sum that will help you manage your financial situation. You’ll have an advocate and a negotiator who will be ready for trial if a settlement can’t be reached, which relieves a huge portion of the burden while you recover.