What Happens if You Are Partially at Fault for an Accident?
If you have sustained injuries in an accident due to another party’s negligence but are concerned about potentially sharing some degree of fault, it is important not to allow this to deter you from seeking legal advice. In New Jersey, you may recover the portion of your legal damages corresponding to the other party’s liability, provided your own share of fault does not exceed 50 percent. Consult an experienced Woodbury personal injury attorney at Puff, Sierzega & MacFeeters Law Offices for the guidance you require.
Overview of NJ Comparative Negligence Law
New Jersey uses a modified comparative negligence rule. If you are partially at fault, your compensation is reduced by your percentage of fault. For instance, if you are 20% at fault for $100,000 in damages, you recover $80,000.
If you are 51% or more at fault, you cannot recover any compensation. Accurate fault determination is crucial for New Jersey personal injury claims.
Determining Fault
Determining fault in a personal injury claim can be complex, especially when multiple parties may share responsibility. It is advisable to entrust this process to a qualified personal injury attorney whose expertise ensures accurate assessment. The determination of fault generally relies on evidence such as:
- Photos and videos captured by bystanders, security cameras, traffic cameras, or dashcams
- Professional accident reconstruction models
- Physical evidence, such as skid marks and paint transfer from vehicle to vehicle in traffic accidents
- The expert testimony of professionals with relevant expertise
You can rely on your knowledgeable personal injury attorney to thoroughly assess any potential allocation of fault and construct a compelling claim on your behalf.
Determining the Value of Your Claim
The value of a personal injury claim depends on your damages, which may include property damage, medical costs, lost income, and pain and suffering.
- Current and ongoing medical costs
- Lost income, which may need to address the lost earning potential
- Physical pain and emotional suffering
If you share fault, your settlement will be the applicable percentage of your total damages under New Jersey law.
You Need an Experienced Woodbury Personal Injury Lawyer Backing You Up
If you are responsible for no more than 50 percent of an accident that leaves you injured, a well-respected Woodbury personal injury attorney at Puff, Sierzega & MacFeeters Law Offices will unleash the full scope of our experience and legal skill to resolve your claim fairly. Don’t wait, contact us online or call 856-845-0011 now to start your claim.
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