In a personal injury lawsuit, you may find a percentage of fault assigned to you. In other words, how much responsibility do you, the injured person, bear for the accident?
Massachusetts follows a comparative negligence rule. This means, in a personal injury lawsuit, the court will attribute a certain percentage of fault to you for your accident. If you’re found 51% or more at fault, you cannot recover damages.
Comparative negligence also affects the amount you may recover. For example: