Some accidents are complicated and have several contributing causes. Even if you contributed to an injury, you may still be able to sue, so contact our lawyers for clarification. Never assume you can’t sue, as that might make you miss out on crucial compensation.
In New Jersey, plaintiffs may sue for an injury as long as their liability does not outweigh the defendant’s. If it does, the lawsuit will be dismissed. Though you may sue if you are less at fault than the defendant, your awarded damages may be lowered. Defendants do not always successfully argue comparative negligence, especially when evidence contradicts assertions that plaintiffs contributed notably, if at all.
To schedule a confidential and free case analysis from our New Jersey personal injury lawyers, call Agrapidis & Maroules, P.C. at (201) 777-1111.
Can I Sue if I Am Partially at Fault for an Injury in NJ?
Whether or not you can sue if you are partially at fault for an injury in New Jersey depends on how much fault you share with the other involved party.
That is because New Jersey is a modified comparative fault state. N.J.S.A. § 2A:15-5.1 lets plaintiffs file lawsuits, provided they are not more at fault than the defendant. If they are more at fault for an accident, they may not sue or recover any damages.
Don’t assume you cannot sue for an injury based on your involvement in an accident, and contact our New Jersey personal injury lawyers to see if you can file a lawsuit and recover any compensation.
What Damages Can I Sue for if I Am Partially at Fault for an Injury?
Though you may sue if you are partially at fault for an injury, but less at fault than the defendant, you may not recover full compensation for your injuries.
In fact, your damages will be reduced proportionally to your percentage of fault. So, suppose the jury assigns 80% of fault to the defendant at the end of your case and 20% to you. In that instance, you would only receive 80% of the compensation you seek.
The more fault that is attributed to you, the less compensation you might recover.
You may still sue to recover the majority of your economic and non-economic damages if you share partial fault for an injury. That includes medical bills, lost wages, and subjective damages like pain and suffering, so don’t underestimate your recovery, even if comparative fault rules affect your case.
If the defendant’s conduct was egregious enough, you may also sue for punitive damages in New Jersey, even if you share fault.
Should I Accept Partial Fault for an Injury in NJ?
You should not accept partial fault for an injury in New Jersey. Some victims do this without considering the potential consequences, which our lawyers may still help them avoid if they unintentionally accept partial fault.
For example, suppose you are injured in a motor vehicle accident. You might apologize for your involvement to the other driver without thinking or out of politeness. The other driver might then use your apology to claim you were accepting partial fault, and your damages should be reduced.
If you file an incident report with law enforcement or the property owner, describe the other party’s negligent conduct.
Our attorneys know how New Jersey’s comparative fault rule works, and can stop a defendant from manipulating it to compel you to accept a lowball settlement. Even if a jury were to find you partially at fault, your reduced jury award may still be larger than an out-of-court settlement, depending on the offer.
Avoid discussing your injury online or with anyone other than our lawyers. Statements or social media posts you make may be taken out of context and used by the opposing side, so don’t talk about the incident or its cause.
Will I Be Held Partially Liable for My Injury in NJ?
Even if the defendant uses a comparative fault argument during a trial or tries to intimidate you with this rule during settlement negotiations, they may be unsuccessful. Our lawyers can help you get full compensation by proving you were not partially liable for an injury, or mitigate the effects of New Jersey’s comparative fault rule on your recovery.
We can get evidence that disproves the defendant’s comparative fault arguments. Such evidence includes eyewitness statements, photos, video footage, incident reports, medical records, and more. Evidence can clarify that your contribution was nonexistent or very minimal, enabling you to get the most compensation possible.
We can answer comparative fault arguments head-on with evidence that directly contradicts them, so don’t panic if the opposing side uses this defense during your New Jersey injury lawsuit.
Should I Settle My Injury Case if I Am Partially at Fault?
If comparative fault laws threaten to lower your recovery at trial, we may negotiate a fair out-of-court settlement, saving you time and adequately compensating you. We will help you decide whether to accept a settlement or not and estimate your potential recovery at trial.
You don’t have to settle your case immediately, whether or not you are partially at fault for an accident. We may still have ample room to negotiate a larger amount, especially if the defendant is just under 100% at fault. Don’t settle your lawsuit prematurely, as you might unintentionally leave damages on the table.
Plaintiffs have more control over settlements than jury awards. We can negotiate terms that benefit you and a total amount you are happy with, rather than relying on the jury to find the defendant mostly, if not wholly, liable. Settling is your decision, though we will help you make the most informed choice possible.
Call Our NJ Attorneys About Your Injury Lawsuit Today
Get help from our Hoboken, NJ personal injury lawyers by calling Agrapidis & Maroules, P.C. at (201) 777-1111.