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What is the 51 percent bar rule?

On Behalf of | Jul 1, 2024 | Personal Injury |

Accidents are becoming increasingly prevalent in today’s fast-paced world, leading to a surge in personal injury claims. With more vehicles on the road, bustling public spaces, and complex work environments, the risk of accidents has significantly risen. The question is, can you claim full compensation even if you are partially at fault?

Understanding modified comparative negligence

Massachusetts complies with the “51% Bar Rule” or modified comparative negligence. Under this rule, if you are the plaintiff, you can still recover damages even if you are partially responsible for the accident.

However, they can get less compensation based on the percentage of fault assigned to the plaintiff. For example, if the plaintiff is 30 percent at fault for the accident, their compensation will be reduced by that percentage, meaning they would receive 70 percent of the total damages.

The critical factor is that the fault percentage must be 50 percent or less. If you are more than 50% at fault, you will not be eligible to recover any damages. This rule ensures that only those who are primarily responsible for their injuries do not receive compensation. This approach balances accountability and fairness, ensuring that individuals contributing significantly to their injuries do not unfairly benefit from a claim.

Taking legal action

Given the complexities of comparative negligence and its impact on personal injury claims, you may want to seek legal professionals. They can help you understand the law, gather necessary evidence, and advocate for your rights to ensure you receive the compensation you deserve.