In many states personal injury claims are ultimately decided by which person is the most at blame for negligence. The injured party or the person they claim caused the injury. The court will then determine which party was more wrong using percentages and then make a decision. If there were several individuals at fault and they were each found to be guilty to various degrees they were each responsible for a portion of the judgment. Personal injury in New Jersey has taken this practice and made it a bit more interesting for defendants.
| New Jersey Personal Injury Laws | |
|
Statute of Limitations |
2 Years |
| Damages Recoverable | Lost wages, future earning ability, medical expenses, property damage, physical and emotional pain and suffering, cost of household help |
| Products Liability | Product manufacturer may be liable for injuries caused by a consumer product |
| Joint Liability | Defendants are proportionately liable for damages except where one defendant is found to be 60% or more at fault in which case he/she will be liable for all damages to the plaintiff and he/she will need to separately recover proportionate damages from any other defendants involved. |
| Contributory Negligence | Plaintiff may recover damages as long as their contribution to the injury is less than that of the defendants. |
Before you talk to an attorney or file your own claim it is important that you determine how responsible you are for the events in question. Did you do anything to cause the situation which led to your injury? Be honest because New Jersey personal injury law will take your involvement into account.
Decide whether or not the party or parties' failed you while doing their duty. Then decide whether you might have done anything that led to this failure or the injury that followed it. Do not be afraid, even if you feel a bit responsible there is still a chance that you can be compensated for your injury. According to New Jersey Law as long as the defendants are more negligent than you then you will still be able to recover a judgment.
Like many states New Jersey will decide who is proportionally responsible for damages if more than one individual is found to be negligent. Unlike some harsher states not all parties will be required to pay the full judgment amount on their own. Instead, they focus on which party was 60 per cent or more responsible for the injury.
The individual found to be the most responsible for your injury will find themselves in an interesting position. Instead of being responsible for the largest portion of the judgment, they will be responsible for all of it. You will be able to collect the full amount of the judgment from that one person instead of having to deal with two or more individuals which can be time consuming and stressful. It will be their responsibility to obtain compensation from the other individuals involved. In many cases these individuals have to take former friends and associates to court in order to be compensated often using the judgment filed against them as evidence.
For more specific information about your case, contact a New Jersey personal injury lawyer.