Paying medical bills for an injury someone else caused can be frustrating and unfair, but you can seek financial compensation by filing a personal injury claim. However, New Jersey’s comparative negligence system can limit your recovery. Understanding what this system is and how it works can help protect your claim.
How does comparative negligence work?
New Jersey uses a modified comparative negligence system to determine how much money you can recover after an injury. Under this system, your compensation is reduced by your percentage of fault. The more responsible you are for the injury, the less you can recover.
For example, if you are 20% responsible for an accident, you can recover 80% of the award. You lose your right to compensation i f you are 51% or more at fault for your injury.
How do courts determine responsibility?
When you file a personal injury claim, courts examine negligence to determine fault. In New Jersey, a claim requires you to prove four elements of negligence:
- Duty of care: The legal responsibility to act carefully, such as following traffic laws
- Breach of duty: The failure to act carefully, such as running a red light
- Causation: A direct link between their breach and your injury, such as a collision caused by running a red light
- Damages: The harm or losses you suffered, such as broken bones and medical bills
After proving negligence, the jury assigns fault percentages to each party. Afterward, it reduces your award accordingly.
Protecting your right to recovery
If you plan on filing a personal injury claim, knowing how New Jersey’s comparative negligence system works can be invaluable. By understanding how courts calculate recovery and assign fault, you can make informed decisions and strengthen your claim.