What Happens if I Was Partially at Fault for My Injury?

If you were partially at fault for an accident in New Jersey, you might be wondering whether you can still recover compensation for your damages. Laws like comparative or contributory negligence can significantly affect your ability to pursue compensation. Please continue reading to learn how a partial fault can affect your personal injury case and how our skilled Jersey City Injury Lawyers can help protect your rights.   

Can You Still Recover Compensation If You Were Partially at Fault?

Yes, you are still entitled to recover compensation for your damages even if you were partially at fault for an accident. New Jersey adheres to a modified comparative negligence rule. This means your total damage award will be reduced by your degree of fault. However, if you are deemed 51% or more at fault, you will face the absolute bar of recovery. 

For instance, if you’re assigned 20% at fault and your damages amount to $100,000, you can recover $80,000. It should be noted that when determining liability, a jury or insurance adjuster will evaluate the conduct of all parties involved to assign a specific percentage of fault. You should also bear in mind that insurers often employ strategies to overstate your percentage of fault, aiming to minimize payouts. 

What Evidence Can Help Reduce Your Share of Fault? 

As mentioned, insurance companies typically try to exaggerate your degree of fault in an accident, as reducing their financial liability maximizes your responsibility. Consequently, they will do everything in their power to undermine your claim. For this reason, gathering substantial evidence is key to counter these strategies and reinforce your position. 

Crucial pieces of evidence to support your claim include: 

• Police Reports: This official report contains initial observations and notes any citations issued. 
• Witness Statements: Neutral bystanders can provide an impartial view of what happened, helping to refute false or blown-up accusations. 
• Visual Evidence: Pictures, videos, and other physical evidence can provide an indisputable record of the accident. 
• Expert Testimony: This tool is effective as it offers objective, science-based analysis that can counter claims of liability. 
• Medical Records: These can demonstrate the severity of injuries, supporting the devastating impact caused by another party. 

Furthermore, you should refrain from admitting default. Don’t use phrases like “I’m sorry” or “I’m fine” while still at the accident scene. These statements may be leveraged against your interests. You should also ensure you collect evidence quickly before any vehicles are relocated or potential dangers are cleared away. 

Having a dedicated Jersey City injury lawyer in your corner can safeguard you from insurance company representatives unjustly assigning fault to you. At Lerner, Piermont, Riverol & Lawlor, P.A., we are prepared to help you fight for the compensation you deserve. Connect with us today to schedule a free consultation.