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What is Contributory Negligence and How Does It Affect My Personal Injury Case?

By DiBella Law Offices on August 26, 2015

Being hurt in an accident that is caused by another person’s negligence is the start of a journey most people don’t willingly embark upon. The injury might require that you have medical care. In serious cases, you might miss work. The influx of medical bills and bills related to the accident coupled with the reduction in income might spell financial disaster.

For some people, seeking compensation for their injuries is a way to try to recoup some of the money spent on care after the accident. People who are filing a personal injury claim in Massachusetts should be aware that the concept of contributory negligence is used to determine the suitability of claims.

State law notes that a complainant who had some responsibility for an accident isn’t barred from filing a personal injury claim as long as the defendant in the case held a larger percent of the responsibility for the accident than the complainant. If both the complainant and the defendant share responsibility for the accident, any award that is given to the complainant can be reduced by the percentage that person was at fault.

An example of contributory negligence would be if two motorists were in an accident. One motorist was determined to have been 75 percent negligent in the accident, while the other motorist was 25 percent negligent. The person who was 25 percent negligent could seek compensation, but that compensation might be reduced by 25 percent.

We can look into the facts of your case and explain how state laws might affect your claim for compensation. Contact us today to explore your options for seeking compensation in a personal injury case.

 

Posted in: Personal Injuries

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