Can I Still Get Compensation Even If I Share Fault?

Following an accident in New Jersey, it’s common to blame yourself. However, this emotional reaction differs significantly from legal liability. New Jersey law evaluates the actions of all parties involved to determine responsibility. Even if you made a mistake, the other party might hold greater legal fault. The Garden State uses a modified comparative negligence fault system, which allows accident victims to claim damages even if they bear some responsibility, provided their fault does not exceed a certain threshold. An experienced Morris County Personal Injury Attorney can help you fight for the compensation you deserve. 

How Does New Jersey’s Comparative Negligence Law Affect My Accident Claim?

New Jersey employs a modified comparative negligence standard. The rule is:

• You can collect damages if you bear 50% or less of the responsibility for the accident.
• You are barred from collecting compensation if you are found to be more than 50% responsible for the accident (51% or more).

The critical factor is the percentage of fault assigned to you versus the other party. These percentages determine eligibility for compensation and the amount you can recover. Since these numbers are negotiated and heavily depend on presented evidence and skillful legal representation, retaining a Morris County personal injury attorney significantly impacts your final settlement.

For instance, if a court assigns you 40% of the blame and the other party 60%, you are entitled to recover a reduced amount. If they assign you 55% of the blame, you typically recover zero. A key role of your legal counsel is to minimize your assigned fault.

Does Your Percentage of Fault Reduce Your Compensation?

It is important to understand that comparative fault does not just decide if you can recover compensation; it dictates how much compensation you receive. The calculation is simple:

• Total damages x (100% – your % of fault) = your final payment.

Let’s say your claim is worth $350,000 and you are deemed 30% at fault; your payment drops to $245,000. If the insurer successfully argues your fault was 5o%, your net recovery falls to $175,000. Every percentage point matters. A knowledgeable Morris County personal injury attorney will challenge any attempt by the insurer to exaggerate your role in the accident.

Many mistakenly believe a personal error disqualifies their injury claim. In New Jersey, this is often incorrect. Speak with a personal injury attorney to determine if your actions constitute legal fault and if your case remains viable for seeking damages.

If you are concerned that your actions could harm your claim, it is in your best interest to consult a determined attorney at Lutz Injury Law as soon as possible. Our legal team can assess the facts, explain comparative negligence, and work to minimize your fault while maximizing your recovery, rather than relying on guesswork or an insurance adjuster’s opinion.