One of the most important laws that can impact the outcome of a personal injury lawsuit in Massachusetts, and in other states, is contributory negligence.
Every state practices contributory negligence, comparative negligence or modified comparative negligence. This refers to what will happen in a civil lawsuit if the injury victim has contributed to the cause of their injuries in some way.
Continue reading to learn more about the different types of shared fault across the U.S. and how MA shared fault laws could impact your lawsuit.
Shared Fault Laws Across the U.S.
There are three types of contributory fault that U.S. states practice. First, we’ll take a look at the most severe of the three: pure contributory negligence.
Here, when an injury victim is even 1 percent to blame for the cause of the accident or injuries they sustained, they are no longer eligible for compensation for their losses. Fortunately, only a couple of states, including North Carolina and Alabama, practice pure contributory fault.
Next, we have comparative negligence. There are two types of comparative fault laws: pure comparative fault and modified comparative fault. In comparative negligence states, injury victims are not barred from obtaining compensation for their losses from the liable party. However, the difference between the two is that pure comparative fault states have no limit to the amount of fault that an accident survivor can carry, unlike modified comparative fault states.
Generally speaking, states that follow modified comparative negligence laws have a limit of somewhere between 49 percent and 51 percent culpability. If the injury victim exceeded this portion of fault, they are no longer entitled to compensatory repayment.
How Comparative Fault Works in MA Civil Claims
Massachusetts is one of the states that practices modified comparative fault. The maximum amount of blame an injury victim can carry in a MA personal injury lawsuit, while still being awarded compensation for their losses, is 51 percent. This means that anyone who exceeds this percentage of fault will be barred from obtaining a sizable injury settlement.
Furthermore, injury victims will need to be held accountable for their portion of fault. To ensure this is done, the courts will require that any compensation the injury victim is awarded will reflect a shared fault deduction in proportion to their percentages of fault.
To put it another way, if you were found to be 25 percent at fault for causing the accident or your injuries, your injury settlement would be reduced by 25 percent. This can have a significant impact on the amount you’ll be awarded in your personal injury lawsuit in Massachusetts.
Meet with a Personal Injury Lawyer in Boston
Shared fault laws can dramatically influence the outcome of your civil lawsuit. To learn more about how your claim could be affected by Massachusetts’ modified comparative negligence laws, discuss your case with a respected Boston personal injury lawyer who can help you get the most out of your lawsuit.
