If you get into a car accident, slip and fall on private property, suffer bodily harm because of medical malpractice, or otherwise incur damages as a result of someone else’s negligence, you may have the legal right to claim compensation via a personal injury claim. However, depending on the circumstances of your case, you may need to work for the amount you need to cover your costs sufficiently. A seasoned lawyer can walk you through all the relevant New Jersey personal injury laws, including something called “comparative negligence.” Let our New Jersey personal injury lawyers at Lombardi & Lombardi, P.A. tell you what you need to know.
What Is Comparative Negligence?
The legal doctrine of comparative negligence helps determine fault when multiple parties get involved in an accident, helping ensure that each party's financial liability corresponds to their degree of fault. New Jersey specifically adheres to a "modified” comparative negligence system, often referred to as the “51% rule.” Under modified comparative negligence, victims in a personal injury case can seek compensation as long as their share of fault, as determined by the court, does not exceed 50%. However, if the court finds that one of the parties was more than 50% at fault, the court will bar that party from claiming any monetary payout for their associated damages.
How Is Fault Determined in Personal Injury Cases?
To determine each party’s percentage of fault, the court thoroughly examines all the available evidence, including accident reports, witness statements, and expert testimonies, and then assigns that percentage to each party based on their contribution to the incident. For example, the court may deem one party 30% responsible for a car accident due to speeding, and the other driver 70% at fault for running a red light.
How Does Comparative Negligence Affect Compensation?
The court will adjust each party’s compensation level according to their assigned percentage of fault, as long as that percentage does not rise above 50%. If the total damages in a car accident amount to $100,000, and the court decides in your favor with the caveat that you were 30% at fault, you will likely see 30% less in your final compensation amount: In other words, $70,000.
What Happens When Multiple Defendants Are Involved?
In cases with multiple defendants, New Jersey courts often hold a defendant who possesses more than 60% of the responsibility responsible for the entire damage award. Conversely, the courts hold defendants with less than 60% of the fault liable for only their proportionate share of the damages. Unfortunately, even if you believe that you bear very little responsibility for your accident, the comparative negligence system in New Jersey can feel overwhelmingly complicated. If you want to maximize your payout, consider hiring an experienced lawyer to help you gather compelling evidence, negotiate with insurance companies, and advocate on your behalf to protect your rights.
Claim What Is Yours with the New Jersey Personal Injury Lawyers at Lombardi & Lombardi, P.A.
Trust the New Jersey personal injury lawyers at Lombardi & Lombardi, P.A. to build you a dedicated case and help you claim the maximum possible compensation for your injuries. Call us at 732-906-1500 or fill out our online form for a free consultation. Our office locations in Brick, Freehold, and Edison, New Jersey, proudly serve clients throughout New Jersey, including Point Pleasant.
