What is Comparative Negligence in New Jersey?
In New Jersey, when you’re involved in a motor vehicle accident or a fall-down accident, we have something called Comparative Negligence. This means that, even if you are just partially responsible for the accident, you could still recover. Unlike some states, where if you’re partially responsible for the accident, you can’t recover at all. In New Jersey, the jury will determine the extent of your negligence versus the negligence of the person you’re suing. If, for example, they determined that you were 50% negligent, the other person was 50% negligent, and the value of your case will be reduced by the extent of your negligence. So if your case is worth a $100,000, a jury will deduct the extent of your negligence as it translates to dollars. In other words, $50,000. Your $100,000 case will then be worth $50,000. That’s where we indict comparative negligence.