New Jersey follows the legal doctrine of “comparative negligence” when determining fault in personal injury cases. Many people don’t realize that even if they were partially responsible for an accident, they might still be able to recover damages. Understanding how comparative negligence works can be crucial to maximizing your compensation after an accident.
Under New Jersey’s modified comparative negligence rule, you can recover compensation as long as you are not more than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% responsible for a car accident and were awarded $100,000 in damages, your compensation would be reduced by 20%, leaving you with $80,000. If you are found to be more than 50% at fault, you are barred from recovering any damages.
Insurance companies often try to assign as much blame to the injured party as possible to reduce the amount they have to pay. They may claim that you were speeding, distracted, or not paying attention at the time of the accident, even if the other driver was primarily at fault. This is why it’s crucial to have strong evidence supporting your claim, such as witness statements, police reports, and photos of the accident scene.
An experienced personal injury attorney can help protect you from unfair blame-shifting and work to minimize your percentage of fault. The DiMaria Law Firm is skilled at handling cases involving comparative negligence and will fight to ensure that you receive the maximum compensation available based on the facts of your case.