Comparative Fault in NJ Personal Injury Cases

Understanding Comparative Fault in New Jersey

New Jersey operates under a system known as "modified comparative fault" for personal injury cases. This system impacts how damages are awarded based on the degree of fault each party has in an accident. If you're involved in an accident where both you and the other party are at fault, understanding these rules is crucial to your case.

How Comparative Fault Works

In New Jersey, you can still recover damages in a personal injury lawsuit as long as you are not more responsible for the accident than the other party. Specifically, you must be found to be 50% or less at fault. However, your recoverable damages will be reduced by your percentage of fault. For example, if you are found to be 30% responsible for an accident, and the total damages amount to $100,000, you can only recover 70% of that amount, or $70,000.

Examples of Comparative Fault

1. Car Accidents: If you were speeding at the time of a collision where the other driver ran a red light, both actions contributed to the accident. The court will determine each party's percentage of fault.
2. Slip and Fall Cases: If you slipped and fell in a store but were partially distracted by your phone, both your inattention and the store's failure to clean up a spill could be factors in determining fault.

Why It Matters

Understanding and proving fault is critical in these cases because it directly affects the compensation you can receive. It's also why having a knowledgeable attorney is invaluable. They can help gather evidence, argue your case effectively, and negotiate effectively to minimize your fault and maximize your potential recovery.

Legal Assistance

Navigating the complexities of comparative fault can be challenging without legal expertise. If you find yourself in a situation where comparative fault might be a factor, consulting with a personal injury lawyer who understands New Jersey's specific laws can be critical. They can provide guidance tailored to your situation, helping you understand your rights and the potential outcomes of your case.



For more detailed information or specific advice, consider consulting directly with John Onal New Jersey personal injury lawyer.