New Jersey’s Comparative Negligence Rule
New Jersey is a state that follows the doctrine of comparative negligence when it comes to awarding damages to those involved in an accident. Under this rule, each person is held responsible for the damage they caused, and the amount of damages an injured party can recover will be reduced by the percentage of fault he or she is determined to have.
The Pennsylvania Supreme Court has described the standard of comparative negligence in New Jersey as “the law of the land.” This means that New Jersey courts follow the rule of comparative negligence without exception. As such, if you are injured in an accident that was partly your fault and partly someone else’s fault, the court will use the comparative negligence rule to determine how much money you should receive.
The application of the comparative negligence rule is straightforward. When a person has been found to be partly responsible for an accident, his or her damages award is reduced in proportion to the percentage of fault. For example, if a person is deemed to be 20 percent at fault in an accident, his or her damages award will be reduced by 20 percent.
It is important to note, however, that comparative negligence does not apply to all cases. In New Jersey, the comparative negligence rule only applies to situations where the plaintiff has been found to be at least 50 percent at fault. If a plaintiff is less than 50 percent at fault, he or she will not suffer a reduction in damages. Instead, the defendant will be held fully liable for the plaintiff’s damages.
There is also a provision in New Jersey’s comparative negligence doctrine known as “pure comparative fault.” Under this rule, even if a plaintiff is 99 percent at fault for an accident and the defendant is only 1 percent at fault, the plaintiff can still recover damages. However, the damages the plaintiff will receive will be reduced by 99 percent, meaning the defendant will not be held liable for any of the plaintiff’s damages.
It is important to remember that the comparative negligence rule does not apply in every situation. If you have been involved in an accident, it is best to speak with an experienced personal injury lawyer to determine whether or not the comparative negligence rule applies to your case. A lawyer can help you understand the law and ensure that you receive the compensation you deserve.
In conclusion, New Jersey’s comparative negligence rule is a strict doctrine that the courts follow without exception. It is important to remember that the rule applies only to situations where the plaintiff has been found to be at least 50 percent at fault and there is a provision known as “pure comparative fault” that still allows the plaintiff to recover damages even if they are largely responsible for the accident. If you have been injured in an accident, it is important to speak with an experienced personal injury lawyer to determine whether the comparative negligence rule applies to your case.
