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

When it comes to personal injury claims, many individuals assume that if they’re partially at fault for an accident, they can’t recover compensation. However, New Jersey’s comparative negligence laws allow victims to recover damages even if they share some of the blame. Understanding how these laws work is crucial to maximizing your compensation after an injury.

In this blog, we’ll break down how comparative negligence works, how fault is determined, and how a personal injury lawyer can help you navigate this legal landscape.

What Is Comparative Negligence?

Comparative negligence is a legal principle used to determine how fault is divided among parties in a personal injury case. Under New Jersey law, if you are partially responsible for your accident, your compensation can still be awarded, but it may be reduced based on your percentage of fault.

New Jersey follows a modified comparative negligence rule. This means that if you are 50% or less at fault for an accident, you can still recover damages. However, your compensation will be reduced by your degree of fault. If you are found to be more than 50% responsible, you are not eligible to recover any damages.

For example:

• If you’re awarded $100,000 in a personal injury claim and are found 30% at fault, your compensation will be reduced by 30%, leaving you with $70,000.

• If you are found 51% at fault, you will not be able to recover any damages.

How Fault is Determined in Personal Injury Claims

In New Jersey, determining fault in a personal injury claim involves a detailed investigation into the circumstances of the accident. Both sides—the injured party (plaintiff) and the accused party (defendant)—will present evidence to establish the extent to which each party is responsible for the accident.

Common evidence used to determine fault includes:

• Police reports: These official documents often provide an initial assessment of fault, especially in car accident cases.

• Witness statements: Testimony from people who saw the accident can help establish how the incident occurred and who was at fault.

• Surveillance footage: If the accident was captured on video, this can serve as critical evidence.

• Expert testimony: In some cases, accident reconstruction experts or other specialists may be called upon to provide their analysis of how the accident occurred.

Your personal injury lawyer will work to gather and present evidence that minimizes your level of fault and strengthens your case.

Common Types of Personal Injury Cases Where Comparative Negligence Applies

Comparative negligence can apply to many different types of personal injury cases, including but not limited to:

• Car accidents: In car accident cases, both drivers may share some responsibility. For instance, if one driver was speeding and the other was distracted, both could be found partially at fault.

• Slip and fall accidents: Property owners are responsible for keeping their premises safe, but a slip and fall victim may be partially at fault if they were not paying attention or ignored warning signs.

• Pedestrian accidents: Pedestrians usually have the right of way, but they may be found partially at fault if they were jaywalking or ignoring traffic signals.

• Workplace accidents: In some cases, employees may bear partial fault for their injuries, especially if they ignored safety protocols.

Your attorney’s role is to reduce the amount of fault assigned to you, which increases the compensation you can recover.

How Comparative Negligence Affects Compensation in Personal Injury Claims

The impact of comparative negligence on your personal injury claim is directly tied to your compensation. The more fault assigned to you, the lower your financial recovery will be. This is why it’s essential to have a strong legal advocate on your side to minimize your fault percentage.

Compensation in a personal injury claim typically covers:

• Medical expenses: All current and future medical treatments related to your injury.

• Lost wages: Compensation for any income lost due to time off work, including lost future earnings if your ability to work is affected long-term.

• Pain and suffering: Non-economic damages to compensate for the physical pain and emotional distress caused by the accident.

• Property damage: In cases like car accidents, compensation may cover the repair or replacement of your vehicle or other personal property.

The key to maximizing your compensation is proving that your percentage of fault is low, and that the other party’s negligence primarily caused the accident.

How a Personal Injury Lawyer Can Help

If you’ve been injured in an accident, especially one where comparative negligence might come into play, it’s crucial to consult with a personal injury lawyer. Here’s how a lawyer can help you through the process:

• Thorough Investigation: Your lawyer will conduct a comprehensive investigation into the accident to gather all necessary evidence that supports your claim and minimizes your fault.

• Negotiating with Insurance Companies: Insurance companies often try to assign more blame to the injured party to reduce their payout. Your lawyer will negotiate with them on your behalf to ensure you receive fair compensation.

• Filing the Lawsuit: If a settlement cannot be reached, your attorney will file a lawsuit and prepare for trial. Your lawyer will represent your best interests in court, presenting evidence and making a case to reduce your share of the fault.

• Maximizing Compensation: Your lawyer will fight to ensure that you receive the maximum amount of compensation possible, taking into account your medical bills, lost wages, and other damages.

New Jersey’s Comparative Negligence Law: What You Need to Know

New Jersey’s comparative negligence laws play a major role in personal injury claims. Under these laws, even if you are partially at fault for your accident, you may still be able to recover compensation. However, understanding how your fault is calculated and how it affects your claim is critical.

Key points to remember include:

• You can recover damages as long as your fault is 50% or less.
• The compensation you receive will be reduced based on your percentage of fault.
• If you are more than 50% at fault, you will not be able to recover any damages.

Having a strong personal injury lawyer to guide you through this process is essential to ensuring you receive the compensation you deserve.

Contact CourtLaw for Help with Your Personal Injury Claim in New Jersey

If you’ve been injured in an accident and are considering filing a personal injury claim, the experienced attorneys at CourtLaw are here to help. We understand New Jersey’s comparative negligence laws and can help you navigate the legal process to secure the best possible outcome.

For a free consultation, give us a call at 732-442-5900 or fill out our online contact form. Let our skilled personal injury lawyers protect your rights and fight for the compensation you deserve.