What is comparative negligence and how does it affect my case?

Comparative negligence is a legal concept that applies to personal injury cases in Massachusetts. It is the idea that if a person is injured in an accident, both parties involved may be found to have been negligent in some way. Comparative negligence affects a personal injury case by determining how much fault each party holds for the incident. For example, if two people are involved in a car accident and one is found to be 40% at fault and the other 60%, the person who is 40% negligent would be able to recover damages, but the damages would be reduced by the amount of fault they hold. This means that instead of recovering the full amount, they would recover only 60% of the total amount. In Massachusetts, the courts use a system of pure comparative negligence, meaning that each party is assigned a percentage of fault for the incident and accordingly, damages are distributed in that way. If someone is found to be 99% at fault, they would not be able to recover any damages at all. It is essential to keep in mind that comparative negligence plays an important role in determining fault and damages in Massachusetts personal injury cases, so it is important to have a good understanding of the concept in order to best protect yourself in court.

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What is comparative negligence and how does it affect my case?

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