How New Jersey’s Comparative Negligence Law Can Reduce Your Personal Injury Settlement (And How to Fight Back)

Most NJ Accident victims don’t realize that even if they win their case, their settlement can be slashed if they are found partially at fault. We will discuss exactly how New Jersey’s modified comparative negligence rule works (51% recovery bar rule), how insurance companies weaponize the rule to pay less, and proactive steps you and your lawyers can take to prove the defendant’s fault, protect your payout, and maximize your personal injury compensation.

Whether you’re injured in Bergen County, Essex Couty, Middlesex County, or anywhere else in New Jersey, comparative negligence rules apply – and they can make or break your injury award. Under the New Jersey statute, N.J.S.A. 2A:15-5.1 (the Comparative Negligence Act), for a lawsuit based upon negligence claims, juries are allowed to apportion fault for an accident to multiple parties and assign liability in terms of a percentage of fault to each party. As long as a plaintiff is not determined to be more than 50% at fault, the plaintiff can recover damages for their injuries, but at a reduced amount based upon their percentage of fault.

Example 1: Car Accident

• Imagine you’re driving on Route 17 in Bergen County and get rear-ended at a light, but the Defendant says you stopped short
• Jury finds you 20% at fault, and the other driver 80% at fault
• You are awarded $100,000 from the jury for your damages
• Your recovery = $80,000 ($100,000 less 20% fault equals $80,000).

Example 2: Slip and Fall at a Grocery Store

• Picture walking through the Cherry Hill Mall in Camden County and you slip on a wet floor that has no warning signs – but you were also looking at your phone while walking which can be seen on surveillance video
• The jury finds you 30% at fault, the store is 70% at fault
• The jury awards you $200,000 for damages
• Your recovery = $140,000 ($200,000 less 30% fault equals $140,000)

Example 3: Motorcycle Crash

• You are riding down Route 1 in Middlesex County when a car changes lanes and cuts you off, but you were not wearing a helmet (in violation of NJ helmet law).
• The jury finds you 55% at fault for your accident.
• Result: You recover $0 because once you are determined to be more than 50% at fault, New Jersey law bars your claim completely.

Think the Insurance Company has your best interests at heart? Think again. No matter where your accident happened – Bergen County, Middlesex County, Camden County - Insurance companies love to inflate your percentage of fault so they can pay you less – or nothing at all. Don’t guess. Fight back with an experienced NJ injury attorney before you sign anything – and protect yourself and protect your case!