Does Your Degree of Fault Influence Damages After an Injury in Massachusetts

Injuries and accidents happen all the time, and one of the biggest disputes between those involved is who is to blame. While you can sue the other person involved in the accident for your damages, they might argue that you are the one who is really at fault. If the court agrees, your potential damages ward may be affected.

Your alleged degree of fault may be determined under Massachusetts’s modified comparative negligence laws. If the court agrees with the defendant that you are partially to blame, your overall damages award may be reduced in proportion to your supposed share of fault. If you are more than half responsible, you might be barred from recovery, and the defendant will not have to pay for any damages. To minimize your potential share of fault, you need evidence. How did the accident happen? What were you doing when it happened? Details about your behavior can help you refute the defendant’s comparative negligence claims.

Contact our Massachusetts personal injury lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 and get a confidential, free case review.

How Your Degree of Fault Might Affect Your Damages in a Massachusetts Accident Case

Perhaps the most significant issue in an injury case is fault. Our Boston personal injury lawyers must prove fault to get you fair compensation for your injuries, and we must also be prepared for allegations from the defendant that you are the one at fault, not them. This is not an uncommon defense strategy. Suppose the defendant convinces a court or jury that the plaintiff is partially responsible for the accident. In that case, the plaintiff’s damages may be reduced, and the defendant might pay less financial compensation.

If the defendant presents an argument for contributory negligence that the court deems credible, the issue may be decided under Massachusetts modified comparative negligence law, Mass. Gen. Laws Ch. 231 § 85. According to the law, if a plaintiff is found to have somehow contributed to the accident that caused their injuries, they are not automatically barred from recovery or pursuing legal action. However, their overall claim may be diminished according to their degree of fault. If a plaintiff is found to be 15% responsible for causing the accident that injured them, their overall damages may be reduced by 15%.

If a plaintiff is found to be more than 50% responsible for the accident, they may be completely barred from recovery. Even if the defendant is still to blame for a significant portion of the accident, the plaintiff cannot recover damages because their fault exceeds the defendant’s. As such, defendants frequently try to claim that plaintiffs caused their own injuries, as it might be their key to evading liability.

How to Minimize Your Degree of Fault in a Massachusetts Injury Case

If the defendant in your case plans to argue that you somehow contributed to the accident, we can help you prepare to refute these claims. To do this, we need evidence. While our evidence of the defendant’s negligence may be compelling, we might need additional evidence that demonstrates how you were not negligent. Finding evidence is often tricky, and we should start as soon as possible.

What did you do before, during, and after the accident? Did you do anything that could be misconstrued and used against you? Did you do anything that was maybe not good for your injuries? If so, the defendant might accuse you of worsening your own injuries. Evidence of your actions can disprove the defendant’s claims and prevent them from shifting blame to you.

Various pieces of evidence might help you refute claims of contributory negligence. For example, testimony from people at the accident can shed light on the situation. Maybe others can testify that you did nothing wrong. Your testimony about your actions may also be crucial.

We should also try to collect any photos or videos of the accident that might be available. Whether you or someone else recorded photos and videos, they might prove that you did not do anything negligent to cause the accident. Security camera footage of the accident can be very helpful in instances like this.

In more complex cases, we might need an expert analysis of the accident. Certain experts may be called upon to examine the case and offer their opinions about what happened. It is possible that such an expert can scientifically determine that you did nothing to contribute to the accident.

Examples of How a Plaintiff Might Be At Fault in a Massachusetts Injury Case

It is a good idea to talk to your attorney about possible ways in which you might be perceived as having contributed to your accident and injuries. One possibility that is not uncommon is waiting to get medical attention. The defendant might argue that you failed to seek medical attention and allowed your injuries to become much worse before finally going to a hospital. Getting to a hospital immediately, even if you do not believe you are badly hurt, will help you refute these kinds of allegations.

Another example would be if you were behaving in a risky or unsafe way when the accident occurred. For example, in a car accident, maybe you were speeding when the other driver swerved into your lane and struck you. While you did not cause the accident, your high rate of speed might have contributed to the overall severity of the collision and your injuries.

Again, talk to your attorney about your actions before, during, and shortly after the accident. If there is any reason for concern, your attorney should be able to help you. Even if there is no cause for concern, your attorney may use this information to help you find evidence and develop an effective legal strategy.

Speak to Our Massachusetts Personal Injury Attorneys About How to File a Case

Contact our Needham, MA personal injury attorneys by calling the Law Office of John J. Sheehan at (617) 925-6407 and get a private, free case assessment.