If you have been seriously injured due to someone else’s negligence, you have the right to pursue legal action to seek compensation for your damages. However, it’s important to understand how complex a personal injury case can be. Unfortunately, they are not always straightforward. This is especially true when liability is disputed. That said, it’s crucial to understand what negligence statute New Jersey follows as it can significantly impact the outcome of your claim. Please continue reading to learn what you should know about these matters and why connecting with our dedicated Essex County Personal Injury Attorneys is in your best interest.
What is the Negligence Statute in New Jersey?
Firstly, it’s important to understand that negligence is the legal principle that holds a person or entity responsible for harm caused by their failure to act with reasonable care. This concept is often used in personal injury lawsuits. In the U.S. states either follow the contributory or comparative negligence statute. These legal doctrines determine liability in accidents where multiple parties may be at fault.
Under the contributory negligence doctrine, an injured party is barred from recovering compensation if they were also negligent in causing their injuries, even if they were only partially to blame. Essentially, it prevents victims from recovering compensation even if they are found just 1% responsible for the injuries endured.
Nevertheless, most states follow the comparative negligence doctrine, which allows injured parties to recover compensation even if they were partially at fault for the injury. However, their award will be reduced by their percentage of fault for the accident. In some states, including New Jersey, there is a 51% rule. This means that if an injured party is found to be 51% or more at fault for an accident, they will face the absolute bar of recovery. The injured party must be less at fault than all other parties to recover damages.
How Can This Impact My Case?
New Jersey is a modified comparative negligence state that follows the 51% rule. This means that if you are more than half responsible for the injuries sustained, you will be barred from recovering compensation. As such, it’s crucial to enlist the help of an experienced Essex County personal injury attorney who can help you investigate the circumstances of the accident and gather evidence that proves you were not negligent in causing the accident. This will maximize your chances of recovering the full and fair compensation you deserve.
At the Law Offices of Christopher T. Howell, Esq., we are prepared to represent your interests and protect your rights. Connect with us today to learn how we can fight for you.
