New Jersey personal injury law follows the law of comparative negligence so you are entitled to restitution even if you were partly responsible for the accident you were injured in.
New Jersey is a comparative negligence state and not a contributory negligence state. The concept of contributory negligence states that any contributory negligence bars all recovery. This means that if you were at all responsible for the accident then you would not be entitled to money damages.
The legal case that founded the concept of contributory negligence was a case under the common law of England hundreds of years ago where a man riding in his carriage at night suffered injury when he drove over a large log in the road negligently left in the road by the owner of home adjacent to the road.
The man in the carriage at first won the case but it was overturned on appeal. The court on appeal ruled that the carriage driver was partly at fault because the lamp on his carriage was not working at the time.
The carriage driver’s lamp was not operating properly so the man did not have it lighted. The court said that if the light was on the man would have been able to see the log and avoid it and avoid the accident. His contribution to the accident, his negligence in not having repaired his lamp, prevented him from collecting money damages.
However, since then contributory negligence, a harsh verdict against the injured, has given way to comparative negligence law. This states that the injured party will have his award reduced according to his level of fault for the accident.
If the case goes to trial, the jury determines the percent of fault on the part of person injured and adjusts the award accordingly. So if you have been hurt in an accident and are partly to blame, you will still be entitled to money damages.
Retaining a New Jersey personal injury lawyer for your case is an important decision. You must make sure you are comfortable with the attorney you choose. Conductin research and speaking with a qualified Neptune injury attorney is a good idea.
