When you’re involved in an accident in New Jersey, determining who is at fault can be a complex process. Understanding how NJ’s comparative negligence laws affect personal injury claims is important for anyone seeking compensation for their injuries. Comparative negligence is a legal doctrine that can significantly impact the amount of damages a plaintiff can recover, depending on their level of fault in causing the accident. This concept is particularly important in New Jersey, where the modified comparative negligence rule is applied.
In New Jersey, the modified comparative negligence rule dictates that if you are partially at fault for an accident, your compensation will be reduced by your percentage of fault. However, if your fault exceeds 50%, you will be barred from recovering any damages. This rule underscores the importance of accurately determining the degree of each party's fault in an accident, as it directly influences the outcome of a personal injury claim.
At Brandon J. Broderick, Attorney at Law, our NJ personal injury attorneys can help you understand how New Jersey’s comparative negligence laws can affect your personal injury claim. Our goal is to help you navigate these complexities and ensure that you receive the compensation you deserve.
Understanding Comparative Negligence in New Jersey
The Modified Comparative Negligence Rule
New Jersey follows the modified comparative negligence rule, which is defined under the New Jersey Revised Statutes Section 2A:15-5.1. According to this rule, a plaintiff's recovery is reduced by their percentage of fault, provided their fault is less than 51%. If a plaintiff is found to be 51% or more at fault, they cannot recover any damages from the other parties involved.
For example, if you are involved in a car accident and found to be 20% at fault while the other driver is 80% at fault, you can still recover damages. However, your total compensation will be reduced by your 20% fault. If the total damages amount to $100,000, you would be entitled to $80,000 after the reduction.
Importance of Determining Fault
Accurately determining the degree of fault is important in personal injury claims involving comparative negligence. Insurance companies and courts will evaluate the evidence to assign a percentage of fault to each party involved. This assessment can include witness statements, police reports, expert testimony, and other relevant evidence. It’s essential to present a strong case that clearly establishes the other party's greater fault to maximize your potential recovery.
How Comparative Negligence Affects Settlement Negotiations
Understanding comparative negligence is also important during settlement negotiations. Insurance adjusters will consider the potential for a comparative negligence defense when making settlement offers. Being aware of how your own actions might be perceived in terms of fault can help you better negotiate a fair settlement. It’s advisable to have legal representation to ensure that your interests are adequately protected and that you receive a fair assessment of your claim.
Practical Examples of Comparative Negligence
Car Accidents
Car accidents are a common scenario where comparative negligence applies. Imagine you were driving slightly over the speed limit when another driver ran a red light and collided with your vehicle. The investigation reveals that you were 10% at fault for speeding, while the other driver was 90% at fault for running the red light. If your damages amount to $50,000, you would be entitled to $45,000 after the 10% reduction.
Slip and Fall Cases
In slip and fall cases, comparative negligence can also play a significant role. Suppose you slipped and fell in a grocery store due to a wet floor. However, it’s determined that you were distracted because you were texting on your phone at the time. The court finds you 30% at fault for not paying attention and the store 70% at fault for not placing a warning sign. If your damages are $20,000, you would receive $14,000 after accounting for your 30% fault.
Medical Malpractice
In medical malpractice cases, comparative negligence might be considered if the patient’s actions contributed to their injury. For instance, if a patient fails to follow their doctor’s post-surgical instructions, leading to complications, the court might find the patient partially at fault. If the patient is deemed 25% at fault, their compensation would be reduced accordingly.
Tips for Managing Your Personal Injury Claim
Gather Strong Evidence
Collect as much evidence as possible to support your claim and demonstrate the other party’s fault. This includes photographs, witness statements, medical records, and police reports. Detailed documentation can help establish a clear picture of the events and your level of fault.
Seek Legal Representation
Having an experienced personal injury attorney can significantly improve your chances of a successful claim. An attorney can help you navigate the complexities of comparative negligence, gather evidence, negotiate with insurance companies, and represent you in court if necessary. At Brandon J. Broderick, Attorney at Law, we have extensive experience handling personal injury cases and can provide the guidance you need.
Be Honest and Transparent
Honesty is crucial when dealing with your attorney and insurance companies. Provide accurate and truthful information about the accident and your injuries. Attempting to hide or distort facts can harm your credibility and negatively impact your claim.
Injured and Need Help? Call Us For a Free Consultation
Understanding how comparative negligence affects personal injury claims in New Jersey is essential for anyone seeking compensation after an accident. By being aware of the modified comparative negligence rule and its implications, you can better navigate the claims process and work towards securing the compensation you deserve.
At Brandon J. Broderick, Attorney at Law, we are committed to helping you understand your rights and advocate for your best interests. If you have been involved in an accident and need assistance with your personal injury claim, contact us today for to schedule an appointment for a consultation with one of our attorneys.