Following an accident, one of your main concerns may be about who is at fault and how that might affect your personal injury claim. In New Jersey, comparative negligence laws can have a big impact on your claim. This is why it's important to understand comparative negligence and how it impacts liability in a personal injury case and your compensation.
Below is an overview about NJ's comparative negligence laws and how they work.
While becoming more knowledgeable about the state's personal injury laws is important, never go into talks with another party without consulting with a NJ personal injury lawyer first. An experienced lawyer can advise you best on what steps to take.
The legal team at Brandon J. Broderick, Attorney at Law has decades of combined experience in handling all types of personal injury cases in New Jersey. We are committed to reaching successful resolutions for our clients.
New Jersey's Comparative Negligence Laws Explained
Comparative negligence is the legal concept that assigns liability to the parties of an accident, based on their percentages of fault. New Jersey follows a "modified" comparative negligence law, in contrast to states with a "pure" comparative fault system, which allows even partially at-fault parties to recover damages. In NJ, you are not eligible for compensation if it is determined that you were more than 50% at fault for the accident. That being said, your compensation will be reduced by the percentage of fault assigned to you if you were 50% or less at fault.
New Jersey Statute 2A:15-5.1 states that in cases involving personal injuries, damages and compensation may only be granted in accordance with the "comparative negligence" standard. The jury's percentage of fault assigned to your actions will be subtracted from the total damages you are eligible to claim.
Determining Fault in New Jersey
A personal injury case's percentage of fault is determined by assessing a number of variables, including negligence, acts or inactions, adherence to safety guidelines, and how you follow traffic laws. This requires a careful examination of the accident scene, the collection of witness accounts, the assessment of medical data, and, if required, expert consultation.
Determining each party's percentage of fault requires presenting solid facts and convincing legal arguments.
How Fault Impacts Compensation
Comparative negligence can impact your compensation drastically. If you are involved in an accident and are found to be 20% at fault, the compensation you are awarded is reduced by 20%. Using this example, you would receive $8,000 of a $10,000 settlement or verdict awarded.
This is important to understand. If comparative fault laws will impact your case, your goal is to obtain as much compensation as possible.
Our NJ Personal Injury Lawyers Can Help You. Call Us To Schedule An Appointment Today
Because of comparative negligence laws, we urge you to speak with an experienced personal injury lawyer at Brandon J. Broderick, Attorney at Law. We will help build your case and seek the financial compensation you deserve and are entitled to. Do not trust that an insurance company has your best interest in mind. You need a lawyer to seek adequate compensation.
Call us today and schedule a free consultation.
We have offices throughout NJ, including Atlantic City, Camden, Elizabeth, Jersey City, Paterson, River Edge, Trenton, and Vineland.