Have you been in a serious injury? Perhaps you were in a car accident? Or, did you slip and fall on a hard surface? You may be entitled to compensation for your injuries and losses. A successful personal injury claim can reward you with medical coverage, property damages, lost wages and other forms of compensation. You may need to prove that another party was at fault for your injuries to recover damages.
The other party could claim that you were partially at fault for your injuries. This could happen, for example, if you ran a red light before an auto accident or you missed a wet floor sign before a slip-and-fall accident. If the defendant can prove that you were partially at fault for your injuries, your right to compensation could be impacted. Here is what you should know:
New Jersey’s modified comparable negligence rule
New Jersey follows a modified comparative negligence rule. This rule compares each party’s percentage of fault for an accident before determining how much compensation parties are entitled to recover. If a victim is not at fault for an accident, they could be entitled to 100% of the damages.
However, a defendant could have evidence that proves you were partially at fault for an accident. For example, it may be decided that you are 40% at fault for a car accident because you stated that you were looking at your phone before a collision. If this happens, you may still be entitled to 60% of the damages.
You may be entitled to compensation as long as your percentage of fault is 50% or less in New Jersey. Professional legal guidance can help reduce your percentage of fault so that you recover maximum compensation for your injuries and losses.