In New York and New Jersey, comparative negligence is a legal principle used to allocate fault and determine the extent to which each party is responsible for an accident or injury. This principle allows for a fair apportionment of damages even when multiple parties share blame for an incident.
Comparative negligence allows for a fair and equitable distribution of responsibility, considering the actions of all parties involved in an accident. It encourages accountability while still allowing injured parties to seek compensation for their losses.
Here, we discuss how comparative negligence works in personal injury cases in both states.
How Does Comparative Negligence Work in New York Personal Injury Claims?
New York follows a pure comparative negligence rule. Under this system, each party involved in an accident is assigned a percentage of fault based on their degree of negligence.
Plaintiffs can recover damages even if they are partially at fault for the accident. However, their compensation is reduced by their percentage of fault.
For example, if a plaintiff is found to be 20% at fault for an accident and is awarded $100,000 in damages, their recovery would be reduced by 20%, resulting in a final award of $80,000.
Significantly, even if the plaintiff is found to be more than 50% at fault for the accident, they can still recover damages, although their percentage of fault reduces their recovery.
How Does Comparative Negligence Work in New Jersey Personal Injury Claims?
New Jersey also follows a modified comparative negligence rule but with a slight variation. Under this system, plaintiffs can recover damages if they are not more than 50% at fault for the accident.
- If the plaintiff is found to be 50% or less at fault, their damages are reduced by their percentage of fault.
- If the plaintiff is found to be more than 50% at fault, they are barred from recovering any damages.
For example, if a plaintiff is found to be 40% at fault for an accident and is awarded $100,000 in damages, their recovery would be reduced by 40%, resulting in a final award of $60,000.
If the plaintiff is found to be 51% at fault or more, they would not be entitled to compensation.
Individuals involved in personal injury cases must understand how comparative negligence may affect their claims. We can help, no matter which state your accident and injuries occurred in.
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Contact our dedicated New York and New Jersey personal injury lawyers at Omni Injury and Accident Law to schedule a free consultation and to get the assistance you need to produce actual results for your essential claim.