Massachusetts Personal Injury and Workers' Compensation Law Blog
Don’t worry. As long as your negligence does not exceed the negligence of the person(s) or entity that caused your injuries, you can still bring a negligence claim. The negligence of each party involved in the accident is expressed in percentages. Thus, even if you were 40% at fault for the accident, you can still bring a claim for your personal injuries. But, that means that a settlement or verdict amount will be reduced by 40% (or whatever the percentage may be) for your own negligence.
This scenario is often found in Massachusetts slip and fall claims because it is difficult for a slip and fall claimant to recover without conceding partial fault for the accident.