Can I Claim Personal Injury if I’m at Fault?
When most accident victims picture personal injury lawsuits, they imagine filing claims against the party that caused their accidents – and assume they are not qualified to file if they are at fault. However, this is not always the case in Massachusetts. With assistance from a Lowell personal injury attorney, you may be able to claim a personal injury even if you are to blame.
How Is Fault Determined in a Personal Injury Lawsuit?
Legal fault, or liability, for an accident depends on the circumstances and Massachusetts’ related laws. For example, in a car accident case, Massachusetts uses a no-fault insurance law. This means that regardless of who caused the car crash, a driver’s own car insurance will pay for his or her medical bills. There are exceptions, however, for car accidents that cause serious bodily injuries.
In other types of lawsuits, such as premises liability and product liability claims, determining fault is also a requirement before an injured victim can file a claim. The party most at fault for causing the accident or injury is typically responsible for paying for the costs. Personal injury cases involve in-depth accident and injury investigations to determine fault.
An investigation looks at all available sources of information, facts and evidence to determine the person or party that caused the injury. This may include photographs and videos, in-person visits to the scene of the accident, eyewitness statements, accident reports, police investigations, medical records, and opinions from qualified experts. Only after a comprehensive investigation can an insurance company determine fault and decide whether to accept or reject a claim accordingly.
How Does Insurance Work if an Accident Is Your Fault?
If you are found to be partially or wholly at fault for an accident in Massachusetts, you may have no choice but to turn to your own insurance company for coverage. All drivers in the state must carry personal injury protection insurance to pay for their own medical bills after automobile accidents. This is a first-party type of insurance that does not require proof that someone else is at fault to recover benefits. You may also have health insurance or homeowners insurance coverage to pay for your bills and losses, depending on the circumstances. If someone else is also at fault for your injury, state law may still entitle you to a third-party claim.
What Is Massachusetts’ Modified Comparative Negligence Rule?
Liability for an injury does not always rest entirely with one party. Two or more parties may share fault for a single accident. To account for these types of cases, Massachusetts has a comparative negligence doctrine (Massachusetts General Laws, Part III, Title II, Chapter 231, Section 85). This law states that a plaintiff’s contributory negligence to an accident will not bar him or her from financial recovery. Instead, it will diminish the damages allowed in proportion to the amount of negligence attributable to the plaintiff.
The modified part of Massachusetts’ comparative negligence rule means that there is a cap on the amount of negligence that can be attributed to a plaintiff. This cap is 50 percent, meaning your negligence must be less than that of the total negligence of all defendants involved in your case. If you are found to be 51 percent or more at fault for an accident, you will not be able to recover compensation. Otherwise, you can still receive a monetary award, reduced by an amount equivalent to your percentage of fault.
Do You Need an Attorney?
Determining fault, proving liability and negotiating a fair settlement agreement despite being partially at fault for an accident are all complicated legal processes that deserve attention from an attorney. Hiring a personal injury lawyer to represent you in Lowell can make it easier to achieve the financial compensation that you need to move forward, even if you are at fault for an accident. Contact the Merrimack Valley Injury Lawyers today for a free case consultation to find out how we can help.