In some personal injury cases, the party that you hold at fault for negligence may blame you as well. If you are found to be partially responsible for an accident, it can affect the final compensation you receive.
Comparative Negligence: What it Means for You
When you speak to a personal injury lawyer in Phillipsburg, NJ, you can learn more about New Jersey’s modified comparative negligence guideline. This rule allows the claimant to receive only the amount that he or she is entitled minus the percentage where he or she is at fault. However, this amount must be less than 50%. Otherwise, if you are over 50% at fault, you cannot collect at all.
For example, suppose you are sitting in traffic at a stop sign. Suddenly, the driver behind you rear-ends you. One complication affects the case. Your taillights were not working. When a civil trial is held, the jury finds you to be 15% at fault. Therefore, the other driver was 85% at fault.
Suppose your damages total $20,000. If so, you will receive that amount minus 15%, or $17,000. Fifteen percent of $20,000 is $3,000. Subtract $3,000 from $20,000 to find out what you would receive. A personal injury lawyer can help you make more sense out of the calculation.
What Was Your Part in the Accident?
As you can see, you first need to determine if you had any responsibility for the accident. If the accident could have been prevented by taking care of a mechanical defect, you have to take this factor into account. By speaking to a personal injury lawyer, you can find out more about negligence and the state’s shared fault legislation.
New Jersey lawmakers want to make sure that everyone involved receives fair treatment. You can learn more about your rights in this respect when you take a look at Domain today. Learn all you can about what you can do to assert a claim that is as equitable to you as it is to the other party. By speaking to a personal injury attorney, you can begin the process and seek the relief you need.
