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Understanding the Different Types of Negligence


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9/16/2010
Daniel J. O'Brien
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New Jersey's legal system evaluates all accident cases based on a modified version of comparative negligence known as the 51% rule.  This means that you are only entitled to recover damages from an accident when you are less then 51% responsible for causing that accident. It also means that any degree of fault below 51% will be deducted from your final settlement award.

To give you an example of how New Jersey's modified comparative negligence could affect your personal injury claim, let's say that there was a car accident in which car #1 was speeding and car #2 was changing lanes without signaling. Let's say that car #1 was determined to be 75% at fault for the accident. That means that the driver of car #1 cannot claim any damages from the driver of car #2, even if their costs and injuries were substantial.

In this scenario, the driver of car #2 has been assigned 25% of the fault for the accident. This means that the driver of car #2 can collect damages from the driver of car #1, but 25% of their final award will be withheld. So if the driver of car #2 receives a $100,000 settlement, they would actually only recover $75,000.

To gain a clear understanding of how New Jersey's comparative negligence laws may affect your personal injury claim, you should consult a New Jersey personal injury attorney. A New Jersey personal injury attorney can also help you file your paperwork and defend your claim against insurers or in court. 

Contacting a New Jersey Personal Injury Attorney 

When it comes to proving negligence and determining what percentage you or a defendant was at fault, things may start to get complicated. In fact, proving negligence may require the assistance of a New Jersey personal injury attorney who can carefully investigate your claim, determine liability, and negotiate with insurance companies on your behalf.  

A New Jersey personal injury lawyer will work on your behalf to advocate that you get the compensation you deserve. Contact a New Jersey personal injury lawyer at White & Williams LLP today. We will provide a no-cost, consultation on your case - 877-944-8396.



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