Navigating the complexities of personal injury lawsuits can be challenging, especially when multiple parties are involved. Understanding New Jersey's Comparative Negligence Law is important in determining how fault is assigned in your case and how damages are awarded. Depending on fault percentages assigned, this could have an impact on any compensation awarded in a NJ personal injury case.
More on what New Jersey’s Comparative Negligence Law is and how it can impact a case below. If you have specific questions, Brandon J. Broderick, Attorney at Law can help guide you to the best possible outcome in your personal injury case. We are just one phone call away.
Understanding Comparative Negligence in New Jersey
New Jersey's Comparative Negligence Act, N.J.S.A. 2A:15-5.1 et seq., provides a framework for assigning fault and determining liability in cases where multiple parties contribute to an accident. This law allows juries to assign a percentage of fault to each party involved, ensuring a fair distribution of responsibility.
Apportionment of Fault
Under the Comparative Negligence Act, a jury can divide fault among all parties involved in an accident. To be awarded compensation, an injured plaintiff must be found no more than 50% at fault for their injuries. This means that if a plaintiff is deemed 51% or more at fault in an accident, they cannot recover damages.
Legal Framework of Comparative Negligence
Establishing Comparative Negligence
The N.J.S.A. 2A:15-5.1 statute outlines the principle that contributory negligence does not prevent recovery if the plaintiff's negligence is not greater than that of the defendants. Specifically, if the plaintiff's negligence is equal to or less than the combined negligence of all defendants, they can still recover damages. However, the total damages awarded will be reduced by the plaintiff's percentage of fault.
Jury’s Role in Determining Fault
The jury is responsible for determining two critical factors:
- Total Damages: The full value of the plaintiff's damages, irrespective of fault.
- Percentage of Fault: The percentage of negligence attributed to each party, ensuring the total equals 100%.
N.J.S.A. 2A:15-5.3: Recovering Damages
This section allows a plaintiff to recover the entire damage award from any defendant found to be at least 60% at fault. Defendants with less than 60% fault are only liable for their share of the damages. For example, if a defendant is 50% responsible for $100,000 in damages, the plaintiff can only recover $50,000 from that defendant. Conversely, if a defendant is 60% or more at fault, the plaintiff can seek the full $100,000 from that defendant.
Importance of Legal Representation
If you or a loved one has been injured in an accident involving multiple parties, consulting an experienced New Jersey personal injury attorney can have a major impact on your case. Brandon J. Broderick, Attorney at Law understands that clients need help and support navigating the intricacies of personal injury cases.
Why You Need a Personal Injury Attorney
Insurance companies will have their own legal teams working to minimize their payout. Having a skilled personal injury attorney on your side can level the playing field. We will gather evidence, negotiate with insurers, and represent your best interests to ensure you achieve a favorable outcome.
Contact our office today to find out more about how we can help you.