Can I Still Recover Damages If I Was Partially at Fault?

Accidents in New Jersey are seldom straightforward. Often, multiple parties bear a degree of responsibility for a single incident. If you sustained injuries in an accident but suspect you might be partly to blame, you may be unsure about your right to financial recovery. New Jersey law permits injured parties to seek damages even when they share some fault for the incident. However, your award hinges on your assessed percentage of fault. Understanding the nuances of New Jersey’s modified comparative fault system is essential for grasping your legal avenues. Consulting our seasoned Jersey City Injury Lawyers can provide invaluable guidance during these difficult times. 

What is Comparative Negligence? 

First and foremost, it is crucial to understand that comparative negligence is a legal mechanism New Jersey utilizes for distributing liability among all parties involved in an accident or injury. Instead of one party bearing all the blame, this rule assigns a precise percentage of responsibility to each person whose actions contributed to the incident. 

New Jersey employs a sophisticated version of this doctrine known as modified comparative negligence. This system is crucial because it directly dictates how and whether a victim can recover monetary damages. Under this law, the ability to cover compensation is tied ot the degree of your own fault. 

The core elements of New Jersey’s rule are the 51% threshold:

• You retain the right to seek financial recovery for your loss as long as your calculated share of responsibility for the accident is 50% or less. 
• If a court or insurer determines that your actions were the primary cause, meaning you are more than 50% responsible, you will face the absolute bar of recovery. 

How Does Comparative Negligence Impact Your Claim?

Even if you meet the 50% or less requirement, your settlement or judgment will not be the full amount of your documented losses. The final award is diminished proportionately to your established percentage of fault. 

For instance, if a jury values your total damages at $100,000, and you were assigned 20% negligence in the event, the law mandates a direct reduction: 

• The $100,000 award is reduced by your 20% of fault ($20,000). 
• Your final, legally recoverable compensation would be $80,000. 

Ultimately, New Jersey’s comparative negligence rule ensures that you are financially penalized only for the portion of the accident you were responsible for, provided your contribution doesn’t cross the critical 51% line. 

Even if you share some responsibility for an accident in New Jersey, you may still qualify for compensation. Determining liability and calculating appropriate damages is often complex. A skilled Jersey City injury lawyer can be invaluable in these situations. At Lerner, Piermont, Riverol & Lawlor, P.A., we are prepared to help you pursue the maximum compensation to which you are entitled. Reach out to our legal team today to schedule a consultation.