Determining fault is central to any Massachusetts injury claim because the state follows modified comparative negligence under M.G.L. c. 231, § 85. Under this rule, you can recover damages only if you were not more than 50% responsible for the accident, and your award is reduced by your percentage of fault.
For example, if a jury finds your damages total $100,000 but assigns you 20% of the fault, you recover $80,000. If you are found 51% or more at fault, you recover nothing. This makes the fault analysis financially decisive.
Insurers know this and routinely try to shift blame onto injured claimants to reduce or eliminate payouts. They scrutinize police reports, statements, and physical evidence looking for any basis to raise your share of fault.
Evidence that establishes fault includes the police report, photographs, witness statements, traffic camera and dashcam footage, vehicle damage patterns, and sometimes accident reconstruction. Preserving this evidence early is critical, which is one reason prompt legal help matters.
If you've been injured in Massachusetts, Injury Claim Team can connect you with an experienced personal injury attorney at no cost. Call 973-566-5599 any time for a free, confidential case review — there's no fee unless you win.
Injured in Massachusetts? Your free case review is one call away. Reach us at 973-566-5599 — available 24/7, no fee unless you win.