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What is comparative negligence and why does it matter?

On Behalf of | Dec 26, 2022 | Personal Injury |

According to the National Safety Council, 4.8 million medically-consulted injuries occurred as a result of auto accidents in the U.S. in 2020 alone. The estimated costs stemming from U.S. auto accidents that year topped $473 billion. Yet, there were relatively few lawsuits filed in the wake of these crashes. 

There are many reasons why accident injury victims shy away from exploring their legal options after suffering harm in a crash. One of the most common reasons why injury victims don’t pursue the compensation to which they are entitled is that they are convinced that they are to blame for what happened to them and are, therefore, not entitled to any recourse. If you’ve recently been injured in a crash in Massachusetts, it’s important to understand that you may be entitled to significant compensation even if you were partially to blame for the collision that caused your harm. 

Causation, fault, and case value

In Massachusetts, personal injury damages may be pursued by auto accident injury victims, provided that they aren’t more than 50% to blame for the crash that caused their harm. This approach is known as a modified form of comparative negligence. As a result of this approach, many accident injury victims who shy away from exploring their legal options do so unaware that they may be entitled to considerable compensation irrespective of the fact that they were partially at fault for their circumstances. 

It’s important to learn about the state law that could impact the outcome of any lawsuit you may choose to file after suffering harm in an auto accident crash. By clarifying your rights and options, you’ll be empowered to make whatever decision is right for you and your loved ones in the aftermath of a potentially traumatic and costly situation.