In many different accidents, multiple parties may have contributed to the accident, even the injured party themselves! When this is the case, the legal concept of “comparative negligence” may come into play.
However, the “percentage” of fault that the injured party may have had for their accident is something that is often very much up in the air, and many times insurance companies will try to assign more fault to the injured party than is fair in an effort to reduce the total amount of compensation they will be expected to pay when it comes to injury compensation.
Accurately assigning fault in a personal injury claim can be the difference between walking away with nothing and receiving the compensation you need and deserve, so it is highly recommended that, especially when the issue of partial fault is at play, you work with an experienced attorney.
At The Law Office of Fredson & Statmore, our personal injury attorneys have over 50 years of experience handling complex comparative negligence cases for injured clients in towns across New Jersey and Passaic County, including Wayne, Clifton, Paterson, Little Falls, West Milford, and Woodland Park.
Call our office today to discuss your injuries and how any question of partial responsibility may affect your potential personal injury claim in a free and confidential consultation with our legal team.
New Jersey law dictates that any injured plaintiff can only recover compensation if the other party is deemed more or equally negligent. This is considered a “modified” method of determining comparative fault. In other words, as the victim of a personal injury, it is on the plaintiff to prove that the defendant is 50% at fault at a minimum. If the plaintiff is deemed to be greater than 50% responsible for the accident, the plaintiff is precluded from receiving damages.
It is also important to note that the overall settlement is affected by the percentage of the injured person’s negligence. For example, in an otherwise identical case, a plaintiff who is determined to be 40% responsible would recover less than a plaintiff who is determined to be only 20% responsible. This all relates back to the New Jersey comparative negligence statute.
For auto accidents, insurance companies may attempt to undermine your case by attempting to show you were at fault through reckless driving, speeding, inattentiveness, or failing to heed posted traffic signs. This is ultimately used to lessen the payout you are owed. By showing you were not negligent and not at fault where no fault exists, our attorneys can help protect you from false claims, and help you obtain fair compensation in accordance with New Jersey comparative negligence law.
Comparative negligence refers to the idea that many accidents do not have a clear cut victim and a clear cut negligent party. A common example is that of a driver failing to wear their seat-belt, who is then injured by another driver. Not wearing a seat-belt caused the victim’s injuries to be more severe than they would have otherwise been had they been wearing a seat-belt at the time of the accident.
The question then becomes, how much fault does the injured party actually have for their injuries? Proving the full extent of the responsibility of the other party, and limiting your own responsibility, can be the difference between recovering the money you need for medical bills, lost wages, and other damages, and receiving nothing at all.
The complex nature of these cases leaves many unsure of the type of compensation they are entitled to received, or to the extent they may be held responsible in a case of comparative negligence. Our Little Falls partial fault attorneys can help uncover the necessary evidence, go through your existing insurance, and advise you on the options you may have, ultimately helping to ensure you recover the full compensation to which you are entitled.
At the Law Office of Fredson & Statmore, our attorneys have over 50 years of experience handling complex personal injury claims involving comparative negligence in towns across New Jersey and Passaic County, including Wayne, Clifton, Paterson, Little Falls, West Milford, and Woodland Park.
Led by a New Jersey Supreme Court Certified Civil Trial Attorney, a distinction held by only 2% of practicing attorneys in NJ, we are prepared to use our experience, skills, and local legal knowledge to help succeed in your personal injury claim, even if their is a question of partial fault.
If you or a loved one has been injured by the reckless or negligent actions of another party in any kind of accident including a car accident, truck accident, motorcycle accident, or a construction accident, our firm is prepared to help you recover full and fair compensation, and help you ensure fault for your injuries is accurately assigned to the responsible parties.
To speak with our office in a free and confidential consultation regarding your personal injury inquiry, how your own actions may affect your case through comparative negligence laws, and how specifically we can help you to recover the compensation you and your family need and deserve, please contact us online or through our Clifton, NJ office at (973) 771-5259.
We take all personal injury cases on contingency, and if your injuries prevent you from coming to our office in person, we are happy to come to you.