If you have been injured in a car accident, there are several things you should know.
First, if you suffer personal injuries or damaged property caused by a car accident, you have three years from the date of the accident to go to court for damages. After three years, based on the statute of limitations, a court will most likely refuse to hear a suit. To be safe, don’t wait. Seek legal advice promptly after an accident.
Second, Massachusetts law stipulates that car accidents are adjudicated under modified comparative fault. This means that any damages the court orders are decreased by any percentage of fault you are found to have in the accident, as long as you are not more at fault than the other driver. For example, if a jury deems the other driver 85% at fault and you to be 15% at fault, and the award is $10,000, you will receive 85% of $10,000.
Third, modified comparative fault in Massachusetts also means that a plaintiff can still be awarded damages if he or she is found to be 50% at fault for the accident. In this case, the injured plaintiff would be awarded 50% of his or her damages. This is quite different than many other states in the U.S. in which a 50% at fault plaintiff gets nothing.
If you have been injured in car accident and would like a free case evaluation to learn your options, please call our law office and speak directly to an experienced Massachusetts personal injury attorney.