Proving Fault in Personal Injury Cases: The Complexities of Comparative Negligence

Proving fault in Massachusetts personal injury cases, such as a car accident, can be complex. Almost any type of accident can potentially have multiple people involved who may or may not be to blame. Trying to find who those people are and what their role was in the accident may also be a major challenge. Regardless, with some investigative work, there may be helpful evidence available.  Therefore, it is important to contact an experienced personal injury attorney as soon as possible after your accident.  We can help establish negligence and preserve evidence in a timely fashion.

Determining Liability
Sometime others you wouldn’t expect could be held liable if the accident happened due to circumstances, which may include the owner of a vehicle allowing someone to operate their vehicle who should not be driving, a road defect,  or a product defect. In those cases, liability could fall on the vehicle owner, a construction company, or perhaps the manufacturer of a car.  When you get other parties involved, though, your case becomes more complex, and may include comparative negligence of the different parties involved. Massachusetts law states if the percentage of your negligence exceeds that of all negligent parties, then you won’t be able to obtain any compensation. Your contributory negligence reduces the amount of damages. The lesser that percentage of your liability, the more damages you may seek.

If you have been severely injured in an accident you need an experienced and proven Massachusetts personal injury attorney, especially if comparative negligence enters the picture. Call us to discuss your personal injury case.