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New Jersey has adopted the law of comparative negligence, which applies in personal injury claims involving motor vehicle accidents. Under the doctrine of comparative negligence, you can pursue and recover damages provided you were not equally or more at fault than the other driver. The doctrine of comparative negligence replaced the earlier principle of contributory negligence, which held that any degree of fault on the part of the injured party precluded recovery for any losses suffered.
In addition to allowing an injured party to pursue damages when liability is less than equal, the New Jersey statute also allows an injured party to seek full damages from any party determined to be 60 percent or more liable. If the court determines that a party’s responsibility is less than 60 percent, that party will only be required to pay their pro rata share of damages. Any party who must pay more than his or her allocated share of damages may file an action for contribution/reimbursement from other responsible parties.
To schedule a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital if necessary.
We take all motor vehicle accident injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.
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