How Does Massachusetts Comparative Negligence Law Work?

Massachusetts follows what’s called the modified comparative negligence rule. And that’s where 51% of fault would bar your recovery or your ability to recover. If you’re less than 51% at fault, you can recover damages, but they’ll be reduced by your percentage of fault. So, let me give you an example. If you’re 30% at fault and the claim was for 100,000, your 100,000 would get reduced down to 70,000. But if you’re 51% at fault or more, you get nothing. Zero recovery. That’s why insurance companies always try to shift the blame on to you. They’ll argue that you were speeding or not paying attention or that the accident could have been avoided.

We counter this by showing that the other party was more at fault. If there’s multiple defendants, that can complicate things. Fault gets allocated amongst everyone. The jury decides these percentages, which is why evidence of the other party’s negligence is very important.