Can I Receive Compensation If I am Partially at Fault for The Accident in NJ?
The short answer is yes. You can receive compensation for an accident even if you were partially at fault for it. However, your level or percentage of shared fault will matter when determining the amount of compensation, you can receive. Basically, it will all boil down to applying the negligence law that New Jersey follows, which is the comparative negligence law.
What Exactly is The NJ Comparative Negligence Law?
In most personal injury claims, the party that an injured victim is trying to hold liable for their damages will claim that the victim caused the accident, at least partially. But if the victim does share some of the fault, this will impact the amount of financial compensation they can recover.
In such cases, insurance companies, lawyers, and/or jurors will apply New Jersey’s modified comparative negligence law. Essentially, your compensation amount will be lowered by the amount that’s equal to your level or percentage of fault. Unfortunately, this also means that if you are found to be 51% or more at fault for the accident, you will not recover anything from the other parties.
To illustrate, let’s say that someone rear-ended your car at a stoplight. However, two of your brake lights weren’t working during the collision. Because of this, your level of shared fault for the collision was found to be at 20%, while the other driver’s shared fault was 80%. Your damages amount to $20,000.
Following the state’s modified comparative negligence law, the amount of your compensation will be $16,000, which is $20,000 total minus the $4,000, or 20%, that represents your percentage of shared fault. Jurors are legally obligated to apply this law in personal injury lawsuits. Likewise, expect the insurance adjuster of the party you’re trying to recover from to raise this negligence law during settlement negotiations.
Get in Touch with a Skilled Morris County, NJ, Personal Injury Lawyer Today
Although proving fault for an accident can be as simple as applying common sense and turning to available evidence it often involves extensive legal analysis, more evidence, and expert witness testimonies. This is also true in cases where there are multiple potentially liable parties.
If you have been hurt in an accident, it’s crucial to have an experienced Morris County, NJ, personal injury lawyer working for you to prevent your financial recovery from being significantly lowered, or worse, eliminated, due to the state’s modified comparative rules.
The defendant’s insurance provider and lawyer will attempt to seek your shared fault in the accident. Whether you got injured in a motor vehicle crash, someone’s property, or in any kind of accident, our skilled Morris County, NJ, personal injury attorneys can ensure that the liable party will give you the compensation you deserve.
To learn more about your accident case and how you can recover maximum compensation for your losses, contact the Leonard Legal Group. Call 973-984-1414 or reach us online to schedule your free consultation with our Morris County, NJ, personal injury lawyer today.