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How Negligence Impacts New Jersey Personal Injury Claims (Part B)

Establishing Your Negligence Was Less Than 51%

With the help of an experienced New Jersey personal injury attorney you may be able to prove to a court that your own actions contributed less than 51% to your accident, allowing you to remain eligible to recover compensation. You can help facilitate this process by gathering the necessary evidence and partnering with your New Jersey personal injury attorney to document the events that led up to your accident.

Important evidence for your injury claim may include the following:


  • Physical evidence from the scene of the accident - this includes photographs of the injuries you sustained and damage to your vehicle or other property, as well as photos of the accident scene itself, in addition to items such as torn clothing;
  • Eyewitness statements - witnesses to the accident can provide their observations of what led to the accident. This can help build a compelling case, especially if more than 1 witness gives a similar account that substantiates your version of events; and
  • Analysis from accident experts - a New Jersey personal injury attorney can hire experts to reconstruct the scene of an accident to further analyze the particulars of your accident.


Keeping a daily post-accident "pain journal" helps document the injuries you incurred and how your life has been impacted by your injuries. Also, you will need to keep track of all doctor visits and medical bills and receipts. While this type of record-keeping won't indicate the percentage of negligence, it can be used to determine the amount of damages to which you may be compensated based on New Jersey comparative negligence laws.

Essentially speaking, all potential sources of evidence can become relevant when trying to determine a percentage of negligence after a New Jersey accident.

Contacting a New Jersey Personal Injury Attorney 

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

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