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For decades, actually until the 1970s, when Massachusetts adopted the rule of Comparative Negligence, a slightly different doctrine was in effect: the rule of contributory negligence which was a complete bar to the plaintiff’s recovery. Thankfully that standard has changed. If a plaintiff is found negligent in an amount of 50% or less, he/she can recover. The damages are reduced to the extent of the negligence on the part of the plaintiff. Therefore, if a plaintiff is 20% negligent, his/her damages will be reduced by 20%. This changed the law because it has allowed anyone found negligent in an amount of 50% or less to recover. Previously, the doctrine of contributory negligence would completely bar recover, even if the plaintiff’s negligence was slight.
The above was a softening or liberalizing of a harsh law. Perhaps it did not go far enough. Consider the law of Florida where there is pure comparative negligence. This allows a plaintiff to recover who is even more than 50% negligent. Of course, that plaintiff will have his/her damages reduced by his/her negligence. Needless to say, it is something that plaintiff personal injury lawyers prefer.
One advantage in Massachusetts is that a Judge will instruct the jury on the effect of finding a plaintiff more than 50% negligent. That was previously done on occasion, usually by referring to the very confusing Comparative Negligence Statute. Now, you can get an instruction that in a clear way will explain to the jury the effect of a finding of 51% or more negligence on a plaintiff. Full disclosure is always good.
Feinberg & Alban, P.C. fervently protects your rights
Client Reviews
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5.0/5.0I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...
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5.0/5.0
Alexis Cahill was great, professional, and was open for me to contact on any questions I may have had during the process. Feinberg & Alban PC's services were nice as well, and I'd recommend them due to the transparency, what they were able to negotia...
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5.0/5.0
My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results
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5.0/5.0
I have been using Marsha Alban's services and advice for many years. Initially, I interviewed several lawyers, and Marsha was definitely the best! She took time to listen, she was very compassionate, and she explained everything in detail and answere...
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5.0/5.0
Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience make...
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