How Does Being Partly at Fault Affect My Injury Case in New Jersey?

How Does Being Partly at Fault Affect My Injury Case in NJ?

Being found partly at fault for an accident may not prevent you from recovering compensation, but it will reduce the amount you are entitled to. New Jersey operates under a legal principle known as modified comparative negligence. This rule is crucial when determining compensation in personal injury cases where multiple parties share fault. Essentially, it states that an injured party can still recover damages, but the amount they receive will be reduced by their percentage of fault. For example, if a jury determines your total damages are $100,000, but finds that you were 20% responsible for the accident, your award will be reduced by 20%, resulting in a recovery of $80,000.

However, there is an important threshold. Under the modified comparative negligence standard, if you are found to be 51% or more at fault for the accident, you are legally barred from recovering any compensation from the other parties involved. This 51% rule is an important distinction from pure comparative negligence systems used in other states. Your ability to recover damages relies entirely on the jury or court finding that your percentage of fault is 50% or less.

How is Fault Determined?

Fault is determined in a personal injury case by either insurance adjusters, a judge, or a jury. It is based on whatever evidence is available and presented. Both parties should collect information like police reports, witness statements, medical records, photographs of the accident scene, and expert testimony, such as accident reconstruction reports.

Insurance adjusters, judges, and juries weigh this evidence to assign a percentage of negligence to each party involved, depending on the specific circumstances of the situation and the negligent acts of each party.

What Damages Can I Recover if I’m Partially at Fault?

Even if you are found to be partially at fault in a New Jersey accident, you can still recover the same types of damages as a party who was not at fault, though the amount will be reduced. These recoverable damages typically fall into two categories:

Economic damages: These are quantifiable financial losses, including past and future medical bills, lost wages, loss of future earning capacity, property damage, and other out-of-pocket expenses.
Non-economic damages: These cover intangible losses, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

The total value of these damages will be calculated and then reduced in proportion to your assigned percentage of fault under the modified comparative negligence rule. Reach out to a skilled attorney for more information and legal advice today.