What happens in a NJ personal injury case when the injured person is partly at fault?

In New Jersey, the rule of contributory negligence applies. Contributory negligence means that if you sue for money damages, your recovery will be reduced by the amount (or percent) that the jury believes that you were partly negligent or at fault. You cannot recover in a NJ court if the jury (or judge) believes that you are more at fault then the person or persons that you are suing.

When a NJ jury decides a NJ personal injury case, it must first determine the amount of damages which would be recoverable by the injured party regardless of any consideration of the Plaintiff’s negligence or fault.

Next, the NJ jury must determine the extent, in the form of a percentage, of each party’s negligence or fault. The percentage of negligence or fault of each party shall be based on 100% and the total of all percentages of negligence or fault of all the parties to a suit shall be 100%.

Finally, the NJ trial judge will reduce the total amount of damages that the jury determined that should be awarded to the Plaintiff, by the percentage that the jury determined was attributed to the fault of the Plaintiff. This is called “molding” the judgment.

If the jury determines that the Plaintiff is 51% at fault then the Plaintiff cannot recover any damages for his or her pain and suffering in a NJ personal injury case.

The author, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law focuses his practice on fighting for plaintiffs’ personal injury victim’s rights in both Pennsylvania and New Jersey. We handle all serious injuries, car accidents (both limited and full tort), wrongful death, slip & fall downs, construction accidents, Septa, NJ Transit, and other cases other cases. We are located just outside of Philadelphia in lower Bucks County. Please visit our personal injury only website at www.pa-nj-injurylawyer.com for more injury information.