Understanding Comparative Negligence in Massachusetts: How Shared Fault Affects Your Personal Injury Claim
- John T. Gatie, Esq.
- Jan 6
- 3 min read
In our recent blog post, we discussed the types of damages available in a Massachusetts personal injury case and the importance of filing within the statute of limitations. Another key part of any injury claim is determining fault, and this is where the concept of comparative negligence becomes important.
If you have been injured because someone else acted negligently, it is natural to wonder whether your own actions may affect your ability to recover compensation. Massachusetts has specific rules that address situations where more than one person shares responsibility for an accident. Understanding these rules helps you make informed decisions as your claim moves forward.
At JTG Legal Services, our goal is to provide clear guidance so you feel supported at every step.
What Is Comparative Negligence?
Comparative negligence is a legal standard used to assign responsibility when multiple people contribute to an accident. Rather than placing all blame on one party, the law looks at the behavior of everyone involved and assigns a percentage of fault to each.
For example, in a car accident:
One driver may have been speeding.
The other may have failed to yield.
Both actions may play a role in the crash. Comparative negligence helps determine how much compensation the injured person may receive based on their share of fault.
Massachusetts Uses a Modified Comparative Negligence System
Under Massachusetts General Laws Chapter 231, § 85, the state follows a modified comparative negligence rule. This rule allows an injured person to recover compensation as long as they are not more at fault than the other party.
This is often called the “51% bar rule.”
In Massachusetts:
You can recover damages if you are 50% or less at fault.
You cannot recover if you are 51% or more at fault.
Any compensation you receive is reduced by your percentage of fault.
How Comparative Negligence Affects Your Compensation
Even if you played a small role in the accident, you may still be eligible for financial recovery. However, your total award is reduced based on your share of fault.
Example
If your damages total $100,000 and you are found to be:
20% at fault,
The other party is 80% at fault,
You would receive $80,000. Your compensation reflects your portion of responsibility.
This system aims to be fair and acknowledge that accidents are often complex and involve shared responsibility.
Why Comparative Negligence Matters in Personal Injury Cases
Insurance companies often use comparative negligence to reduce what they may owe. They may argue that the injured person acted carelessly, even in minor ways, to shift more blame onto them.
Understanding Massachusetts comparative negligence rules helps you:
Recognize how insurance companies evaluate fault
Protect your rights during negotiations
Understand how your actions may impact your recovery
See why early legal representation is so important
Your attorney can challenge unfair fault assignments, gather evidence, and build a strong case on your behalf.
Examples of Cases Where Comparative Negligence May Apply
Comparative negligence can be an issue in many types of personal injury claims, including:
Car accidents
Motorcycle and bicycle crashes
Pedestrian accidents
Slip and fall incidents
Dog bites
Construction or workplace injuries
Premises liability claims
Defective product injuries
In each of these situations, the court or insurance company will examine the actions of all parties involved before deciding fault percentages.
How Fault Is Determined
Fault may be assigned by:
Insurance adjusters during settlement discussions
A judge
A jury
The defendant has the burden of proving that the injured person contributed to the accident. Your legal team’s job is to challenge those claims and present evidence that supports a fair and accurate assessment.
Why This Topic Matters After Understanding Damages and Deadlines
In our previous post, we covered:
What damages you may recover
The difference between economic and non-economic losses
How the statute of limitations affects your rights
Comparative negligence fits directly into these topics because it influences whether you can recover damages at all and how much you may receive. Understanding these rules together gives you a clearer picture of how personal injury claims work in Massachusetts.
You Do Not Have to Navigate This Alone
Determining fault is often the most contested part of a personal injury case. You do not need to manage that process by yourself. At JTG Legal Services, we help you understand your rights, evaluate fault fairly, and pursue the compensation you deserve.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Reading this information does not create an attorney-client relationship. You should consult a licensed Massachusetts attorney for advice specific to your situation.
