The Role of Comparative Negligence in Personal Injury Claims: How Shared Fault Affects Compensation

In many personal injury claims, determining fault is not always straightforward. Sometimes, both parties share responsibility for the accident, which raises questions about how this shared fault affects compensation. In New Jersey, the legal concept of comparative negligence is used to determine the extent to which each party is liable and how it impacts the compensation you can recover.

In this blog, we’ll explore what comparative negligence means, how it works in personal injury cases, and how a personal injury lawyer can help maximize your compensation.

What is Comparative Negligence?

Comparative negligence is a legal doctrine that assigns a percentage of fault to each party involved in an accident. In New Jersey, a modified comparative negligence rule applies. This means that if you are found partially responsible for the accident, your compensation will be reduced based on your percentage of fault. However, if you are more than 50% responsible, you will not be able to recover any compensation.

For example, if you were injured in a car accident and found to be 20% at fault, your compensation would be reduced by 20%. If your total damages were $100,000, you would be eligible to receive $80,000. However, if you were found to be 60% responsible for the accident, you would not be entitled to any compensation.

How Comparative Negligence Works in Personal Injury Claims

When you file a personal injury claim, the other party’s insurance company may argue that you were partially or fully responsible for the accident. They may claim that your actions contributed to your injuries, and therefore, they should pay you less or not at all. It’s important to work with a personal injury lawyer to protect your rights and ensure that your compensation is not unfairly reduced.

Here are some common scenarios where comparative negligence may come into play:

Car Accidents: In car accidents, both drivers may share fault. For example, if you were speeding when another driver ran a red light and hit your car, you may be assigned a percentage of fault for speeding, even though the other driver caused the accident by running the light.

Slip and Fall Accidents: In slip and fall cases, property owners may argue that you were not paying attention to your surroundings or were wearing inappropriate footwear, and therefore, you share responsibility for the accident.

Workplace Accidents: In some cases, employers or insurance companies may argue that the injured worker was partially responsible for their own injury due to not following safety protocols or using equipment improperly.

Proving Negligence in Personal Injury Claims

To recover compensation in a personal injury claim, you must prove that the other party was negligent and that their negligence caused your injuries. Here’s what you’ll need to demonstrate:

Duty of Care: The other party had a duty to act in a way that would not cause harm. For example, drivers have a duty to obey traffic laws, and property owners have a duty to keep their premises safe.

Breach of Duty: The other party breached their duty of care by acting negligently. This could include actions like running a red light, failing to clean up a spill, or not maintaining safe working conditions.

Causation: The breach of duty directly caused your injuries. You must show that your injuries would not have occurred if the other party had not been negligent.

Damages: You suffered actual damages as a result of the accident, such as medical bills, lost wages, or pain and suffering.

A personal injury lawyer can help gather evidence to prove these elements and counter any claims that you were partially responsible for the accident.

How Comparative Negligence Affects Compensation

In New Jersey, your compensation will be reduced based on your percentage of fault. This means that the more responsibility you are assigned, the less compensation you will receive. For example:

If you are 10% at fault, your compensation will be reduced by 10%.
If you are 30% at fault, your compensation will be reduced by 30%.
If you are 51% or more at fault, you will not be able to recover any compensation.

Because of this, insurance companies may try to assign you a higher percentage of fault to reduce their liability. It’s crucial to have a personal injury lawyer on your side to challenge these attempts and ensure you receive the maximum compensation you are entitled to.

How a Personal Injury Lawyer Can Help with Comparative Negligence Claims

Dealing with comparative negligence can be complex, especially when insurers try to reduce their liability. A personal injury lawyer offers several crucial services:

Thorough Case Investigation: They will collect all necessary evidence, including police reports and expert analysis, to establish the other party’s fault.

Negotiating with Insurers: Your lawyer advocates for you, challenging attempts to assign excessive blame.

Filing Legal Action: If settlement talks stall, they’ll represent you in court to strengthen your case.

Maximizing Compensation: They ensure all eligible damages—medical bills, lost wages, and emotional distress—are fully included in your claim.

Types of Compensation Available in Personal Injury Claims

When filing a personal injury claim, you can pursue various types of compensation depending on the extent of your injuries and losses. These include:

Medical Costs: Coverage for hospital stays, surgeries, medications, therapy, and any ongoing or future medical needs related to the injury.

Lost Wages: If your injuries prevented you from working, you may seek compensation for lost income. This can also extend to future earnings if your ability to work is permanently affected.

Pain and Suffering: Non-economic damages account for the physical discomfort, emotional trauma, and diminished quality of life due to the injury.

Property Damage: If your personal belongings, like a car, were damaged in the accident, you may seek compensation to cover repair or replacement costs.

In some cases, other factors such as long-term disability or loss of companionship may also be considered in calculating the full extent of your claim. Each case is unique, and a personal injury lawyer can help ensure you pursue every available avenue for compensation.

Contact Drazin & Warshaw to File a Personal Injury Claim in New Jersey Today

If you’ve suffered an injury and are thinking about pursuing a personal injury claim, the dedicated attorneys at Drazin & Warshaw are ready to assist you. Our skilled team will navigate the legal system on your behalf, working diligently to secure the compensation you need for medical bills, lost wages, and other damages.

For a free, no-obligation consultation, contact us at 732-333-8141 or fill out our online contact form. Let us fight for your rights and help you on the road to recovery.