Understanding Comparative Negligence: How Shared Fault Impacts Your Personal Injury Claim in New Jersey

In the case of personal injuries, most people assume that even if they cause an accident, they won’t be able to recover the compensation. However, the comparative negligence laws in New Jersey allow victims to claim damages even if they share a part of the fault. Understanding Comparative Negligence: How Shared Fault Impacts Your Personal Injury Claim in New Jersey is Essential!

This blog will explain the mechanism of comparative negligence in determining fault and how an attorney for personal injuries can assist you through the legal complexities!

Comparative Negligence

It is a legal term determining how blame should be distributed among parties involved in personal injury lawsuits. According to New Jersey Law, if your injury was partially your responsibility but not entirely so, compensation could still be given and reduced according to your degree of fault.

New Jersey follows a modified law of comparative negligence. This means that even if you’re 50 percent or less at the blame for the accident, you may still claim damages. But your compensation is reduced based on the amount of your fault. If you’re found to be more than 50 percent accountable, you won’t be eligible to receive any compensation.

For instance:

• If you’re granted $100,000 as part of a personal injury lawsuit and found to be 30% at fault, Your compensation decreases by 30 percent, leaving you with $70,000.
• You cannot claim compensation if you’ve found 51 percent to be at fault.

How Fault is Determined in Personal Injury Claims

In New Jersey, determining personal injury fault depends on comprehensively evaluating accident causes. The injured party, serving as the plaintiff, and the accused party, functioning as the defendant, provide evidence to establish their respective levels of incident responsibility.

Various types of evidence assist in identifying faults between parties

• Official documents released by police establish the primary causes of incidents, especially when dealing with automobile collisions.
• The statements collected from witnesses can reveal the events that led to the incident and which party was responsible.
• Video surveillance provides essential evidence when somebody records an incident on camera.
• Accident reconstruction experts and other qualified professionals can offer their analysis through expert testimony to explain the accident sequence.

Your hired personal injury lawyer will assist you in obtaining evidence to protect you from liability responsibilities and build up the strength of your legal case.

Common Types of Personal Injury Cases Where Comparative Negligence Applies

Comparative negligence rules apply in multiple personal injury situations, including:

• When two drivers cause a car accident, they become responsible for separate fractions of the damages. Both motorists in this scenario could face partial liability since the individual driver operated at high speed while the other driver showed distraction.
• Property owners must ensure their premises remain safe because they are legally responsible for fall-and-slip accidents. The victim’s responsibility for the accident becomes greater if they fail to notice or disregard the warnings.
• Walking on the street presents safety risks to pedestrians since they may face responsibility for accidents when they ignore traffic rules.
• The workplace security protocol becomes a factor when employees sustain injuries through nonadherence to established safety measures.

The main responsibility of your attorney is to decrease the amount of blame assigned to you while increasing possible compensation recovery.

How Comparative Negligence Affects Compensation in Personal Injury Claims

Your personal injury compensation depends on how much negligence you demonstrate about the claim. When you take responsibility for multiple causes of the accident, you automatically decrease the amount of money you will receive from compensation. Trustworthy legal advocacy represents the essential defense against receiving excessive liability fault assignment.

Personal injury claims typically include:

• Medical costs: The total amount of current and future medical treatment connected to your injury.
• Loss of wages: The compensation for income loss because of time off work includes lost earnings if your ability to work for a long time is impaired.
• Pain and Suffering: Non-economic damages that pay for emotional and physical distress that result from an accident.
• Property damages: In automobile accidents, the compensation could be for repairing or replacing your vehicle or any other property you own.

Your best chance at receiving maximum compensation lies in showing that your part in causing this accident was minor, while another party’s negligence played the decisive role.

How a Personal Injury Lawyer Can Help

Have You Experienced a Unwanted Incident? Those injured in accidents should talk to a personal injury lawyer immediately after incidents to gain the protection of their legal rights and receive compensation from their legal provider. 

This is how lawyers can aid you through this process:

• Thorough investigation: A lawyer will thoroughly investigate the incident to collect all the evidence needed to back your claim and reduce your responsibility.
• Discussions With Insurance Companies: Insurance companies often attempt to assign the victim responsibility to decrease the amount they pay. Your lawyer will bargain on your behalf with them to ensure you get an equitable amount of payment.

• Making the lawsuit: If no settlement can be reached, your lawyer will start a lawsuit and prepare for trial. Your attorney will fight for your side in court by presenting evidence demonstrating how your fault percentage should decrease.
• Maximizing Compensation: Your lawyer will help you obtain maximum compensation, which includes covering your medical bills, wage loss, and other caused damages.

The compensation you receive will increase when you prove that the opposing party acted negligently and bore the most responsibility for the situation.

What You Need To Know About New Jersey’s Comparative Negligence Law

Victims must consult with a personal injury attorney after sustaining injuries in any accident involving comparative negligence. This will help them obtain proper guidance and compensation. Understanding the fault determination process and its effects on your claim is essential.

The most important points to be aware of are:

• You can recover damages as long as the fault is less than 50.
• The compensation is reduced based on the proportion of your fault.
• You cannot recover fault when you’re more than 50 percent responsible.

It is crucial to have a skilled personal injury lawyer who can assist you in this procedure to ensure you receive your money entitlement.

The Bottom Line

An accident-related injury makes personal injury claims possible through the legal assistance available at CourtLaw. Understanding Comparative Negligence: How Shared Fault Impacts Your Personal Injury Claim in New Jersey to achieve your desired outcome.

You can reach us at 732-442-5900 or fill out our online form for a free consultation. Your case will receive expert defense from our personal injury attorneys, who will protect your rights and obtain the justice you deserve!Let our skilled personal injury lawyers protect your rights and fight for the compensation you deserve.