How does comparative negligence impact personal injury cases in New Jersey?
When an accident occurs and a person suffers an injury, he often seeks compensation for the damage suffered. However, the process of seeking compensation can be complex, especially in the case of personal injury cases in New Jersey. One of the most important aspects which significantly affects these cases is comparative negligence.
Comparative negligence may have a significant impact on the determination of liability and compensation in such cases.
This article discusses the concept of comparative negligence, its impact on personal injury cases in New Jersey, and how it can affect the outcome of your claim.
What is comparative negligence?
Comparative negligence is a legal doctrine in which both parties may share responsibility for the accident or injury that occurred. Instead of assigning fault entirely to one party, comparative negligence enables the court to assign a percentage of fault to each party concerned.
This principle is based on the assumption that, if the injured party has contributed to the injury as a result of his negligence, his compensation should be reduced proportionately to the extent to which he is responsible. The aim is to ensure that no one is profiting from their negligence, while at the same time allowing fair compensation for the injuries suffered.
How comparative negligence works in New Jersey
New Jersey follows a modified comparative negligence rule, which means that an injured person can recover damages if the degree of negligence is less than 50%. However, the compensation granted to them will be reduced by the percentage of fault.
For example, if the plaintiff was found to be 30% responsible for the accident, and the total amount of damages awarded was $100,000, the plaintiff’s compensation would be reduced by 30%, resulting in a final award of $70,000.
If the degree of liability of the plaintiff is found to be 50% or higher, it is prohibited from recovering any damages under the modified comparative negligence rule in New Jersey. This is an incentive for individuals to act with reasonable care and caution in order not to contribute significantly to their injuries.
Determining comparative negligence
In cases of personal injury, the determination of comparative negligence is often a complex process involving a thorough examination of the facts and circumstances surrounding the accident. Both parties will present evidence and arguments to support their respective positions, and the court or jury will consider the following factors:
- Duty of care: Each party is obliged to exercise reasonable care to avoid harm or injury to others.
- Breach of duty: Whether a party has failed to fulfill its duty of care through negligent actions or inaction.
- Causation: The direct link between a party’s negligent behavior and the injury or damage caused.
- Damages: The extent and nature of the injuries or losses suffered by the injured party.
Expert witnesses, such as accident reconstruction experts or medical professionals, may be invited to testify and assist in the assessment of the degree of fault attributable to each party.
The role of comparative negligence in settlement negotiations
Comparative negligence affects not only the outcome of a personal injury case but also plays a significant role in settlement negotiations. In assessing the strength of a case and deciding on settlement offers, insurance companies and defense lawyers will consider the potential impact of comparative negligence. If there is evidence that the injured person contributed to the accident or injury, the settlement offer may be lower to cover the potential reduction of damages due to comparative negligence.
Car crash injury lawyers in New Jersey, such as rosengardlawgroup.com can provide valuable guidance and representation in these cases. They understand the technical aspects of comparative negligence and can effectively negotiate on behalf of their clients to maximize the possible settlement value.
Examples of comparative negligence in New Jersey personal injury cases
1. Car accidents
In a car accident case, the plaintiff may be found partially at fault for not wearing a seatbelt or failing to yield. The defendant may be found at fault for speeding or reckless driving.
2. Slip and fall accidents
In a slip and fall case, the plaintiff may be found partially at fault for not paying attention to their surroundings or wearing inappropriate footwear. The defendant may be found at fault for failing to maintain a safe environment.
3. Medical malpractice
In a medical malpractice case, the plaintiff may be found partially at fault for not disclosing medical history or failing to follow treatment instructions. The defendant may be found at fault for negligence or misdiagnosis.
What to do if you’re involved in a personal injury case in New Jersey
If you’re involved in a personal injury case in New Jersey, it’s crucial to understand the implications of comparative negligence. Here are some steps to take:
- Consult with an experienced New Jersey personal injury attorney familiar with the laws and comparative negligence cases.
- Gather evidence to support your claim, including witness statements, medical records, and documentation of damages.
- Be prepared to present your case in court, including testimony and evidence to refute any claims of shared fault.
- Consider settlement negotiations, but be aware of the potential impact of comparative negligence on the settlement amount.
FAQs
Can I still recover damages if I am partially at fault for the accident?
Yes, under New Jersey’s modified comparative negligence rule, you can still recover damages as long as your degree of fault is less than 50%. However, your compensation will be reduced by the percentage of fault assigned to you.
What happens if I am found to be 50% or more at fault for the accident?
If your degree of fault is 50% or greater, you will be barred from recovering any damages under New Jersey’s modified comparative negligence rule.
How is the percentage of fault determined in a personal injury case?
The determination of fault is based on a careful examination of the facts and circumstances surrounding the incident, including the duty of care owed by each party, any breaches of duty, causation, and the extent of damages. Expert witnesses and testimony may be involved in assessing the degree of fault attributable to each party.
Conclusion
Comparative negligence plays a critical role in personal injury cases in New Jersey. By acknowledging that both parties may share responsibility for an accident or injury, this principle aims to ensure fair compensation while holding each party accountable for their actions.
The understanding of comparative negligence is essential for anyone who is confronted with the complexity of a personal injury case in the state. It can have a significant impact on the outcome and the potential recovery of damages.
Remember to consult with an experienced attorney, gather evidence, and be prepared to present your case to ensure the best possible outcome.
