In the case of personal injury claim in New Jersey, most people assume that if they share any blame for an accident, they’re automatically disqualified from recovering compensation. But that’s not true in New Jersey. The state’s comparative negligence law allows injury victims to receive damages even if they’re partially at fault. To protect your rights and maximize your payout, it’s important to understand how shared fault impacts a personal injury claim in New Jersey—and how a skilled attorney can help.
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What Is Comparative Negligence?
Comparative negligence is a legal rule that determines how fault is distributed between all parties involved in a personal injury case. In New Jersey, the modified comparative negligence system allows you to recover compensation if you are 50% or less at fault for the accident. If you are 51% or more at fault, you are barred from recovering anything.
For example:
- If your total damages are $100,000 and you’re found to be 30% at fault, you would still receive $70,000.
- If you’re found 51% at fault, you receive nothing.
This system ensures fairness but also makes it critical to limit your share of the blame.
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How Fault Is Determined
Courts consider many types of evidence to decide how much fault each party bears:
- Police reports detailing accident causes
- Witness statements from bystanders
- Surveillance or dashcam footage
- Testimony from accident reconstruction experts
Your personal injury attorney will help collect and present this evidence to reduce your percentage of fault and strengthen your claim.
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Tell an experienced personal injury claim lawyer in New Jersey what happened.
Common Cases Where Comparative Negligence Applies
Comparative negligence can come into play in many types of personal injury cases:
- Car accidents where both drivers made mistakes
- Slip and falls where the injured person may have ignored warning signs
- Pedestrian accidents where a jaywalker is hit by a speeding car
- Workplace injuries where the employee failed to follow safety rules
In each scenario, the key is proving that someone else was more negligent than you.
Impact on Compensation
Your final compensation is directly impacted by your share of the fault:
- Medical bills: Current and future treatment costs
- Lost wages: Time off work and long-term earning losses
- Pain and suffering: Emotional and physical stress
- Property damage: Especially common in vehicle-related claims
The less fault attributed to you, the more of these damages you’ll recover.
Are you looking for a nearyby NJ injury attorney to assist you with your personal injury claim in New Jersey?
Tell an experienced personal injury claim lawyer in New Jersey what happened.
How a Personal Injury Claim in New Jersey Lawyer Can Help
Hiring an experienced New Jersey personal injury attorney is critical. Here’s how they help:
- Investigate your accident to collect solid evidence
- Minimize your fault percentage through strategic arguments
- Negotiate with insurance companies trying to blame you
- File a lawsuit and represent you in court if needed
- Fight for the highest possible compensation based on evidence
A good lawyer works to protect your rights and prevent the opposing party from unfairly shifting blame onto you.
Key Takeaways on Comparative Negligence in New Jersey
- You can recover damages as long as you’re 50% or less at fault
- Your compensation is reduced by your share of the blame
- If you’re more than 50% responsible, you can’t recover anything
- Legal representation significantly improves your chances of a fair settlement
Are you looking for a nearyby NJ injury attorney to assist you with your personal injury claim in New Jersey?
Tell an experienced personal injury claim lawyer in New Jersey what happened.
Need Help With a Personal Injury Claim in New Jersey?
At CourtLaw, our experienced personal injury lawyers are here to protect your rights and fight for your compensation. If you were injured in a car accident, slip and fall, or any other incident involving shared fault, contact us at 732-442-5900 or fill out our online form to schedule a free consultation. We serve clients throughout New Jersey from offices in Perth Amboy, Jersey City, New Brunswick, Roselle, and East Orange.
Did you or a loved one sustain serious injuries due to an accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing.
Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled injury attorneys at CourtLaw NJ Personal Injury Lawyers represent clients injured in accidents in Perth Amboy, Jersey City, New Brunswick, Roselle, East Orange, and throughout New Jersey. Call 732-442-5900 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 163 Market Street, Perth Amboy, NJ 08861 as well as offices in Jersey City, New Brunswick, Roselle, and East Orange.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
