Negligence standards in New Jersey determine how responsibility is decided in personal injury cases. New Jersey’s approach to negligence involves several key principles that outline the criteria for establishing negligence and the mechanisms for determining liability and compensation.
New Jersey follows a modified comparative negligence rule that allows for the recovery of damages even if the plaintiff is partially at fault for their own injuries. Any award received is reduced by the plaintiff’s percentage of fault. Yet, there is a ceiling to this kind of legal protection. If a plaintiff’s fault is over 50%, they’re barred from receiving compensation from other liable parties
Components of a negligence claim
Plaintiffs have several things they need to show in their claim for damages in a car crash case. They must show that the other driver had a duty to drive safely and that the driver’s failure to do so caused the crash.
Another critical component is that the victim shows the accident-related harm.
Finally, the claim must show the financial damages the victim is dealing with because of their injuries. This can include the cost of medical care and wages the victim couldn’t earn when they had to take off work because of their injuries.
The no-fault insurance system in New Jersey requires drivers to file a claim with their own insurance company for medical expenses and other losses. It doesn’t matter which driver caused the crash.
With that said, victims can also initiate a compensation claim against at-fault parties in the event that a crash causes severe injuries. This can be a complex undertaking, so it’s often beneficial to seek legal guidance accordingly. The attorneys at Piro Zinna Cifelli Paris & Genitempo can provide this guidance.
