When you’re involved in an accident, determining fault can be complex and stressful. One common question is whether you can still claim personal injury if you were at fault. The answer depends on various factors, including the specifics of your case and the laws in your state. Here’s a comprehensive look at what you need to know.
Understanding Comparative Fault
First, it’s essential to understand the concept of comparative fault. Comparative fault, also known as comparative negligence, is a legal principle used to determine the amount of compensation a plaintiff can receive based on their degree of fault in an accident. There are two main types of comparative fault systems: pure comparative fault and modified comparative fault.
What is Pure Comparative Fault?
In states that follow pure comparative fault rules, an injured party can recover damages even if they are 99% at fault for the accident. However, the compensation will be reduced by their percentage of fault. For example, if you were awarded $100,000 in damages but found to be 70% at fault, you would receive $30,000.
What is Modified Comparative Fault?
Modified comparative fault is slightly different. In these states, an injured party can only recover damages if their fault does not exceed a certain percentage, typically 50%. If you are found to be more than 50% at fault, you cannot recover any damages. If you are less than 50% at fault, your compensation will be reduced by your percentage of fault.
Can I Claim Personal Injury in New Jersey If I Was at Fault?
New Jersey follows a modified comparative fault system. This means you can still claim personal injury damages if you were partially at fault, as long as your fault is 50% or less. If you are more than 50% at fault, you will not be able to recover any compensation.
How is Fault Determined?
Fault is determined through an investigation of the accident. This process includes gathering evidence such as police reports, witness statements, photographs, and expert testimony. Insurance companies and courts will analyze this evidence to assign a percentage of fault to each party involved.
Should I Hire an Attorney?
If you are considering filing a personal injury claim but are worried about your level of fault, consulting with a personal injury attorney is crucial. An experienced lawyer can help evaluate the specifics of your case, gather necessary evidence, and negotiate with insurance companies on your behalf. For those in New Jersey, an experienced injury lawyer in Hackensack can provide valuable assistance in navigating the complexities of comparative fault.
What If the Other Party is Also at Fault?
In many accidents, more than one party can be at fault. If the other party is also partially responsible, it can affect the outcome of your claim. In New Jersey, the modified comparative fault rule means that you can still recover damages as long as your fault does not exceed 50%. The court or insurance company will adjust your compensation based on your percentage of fault and that of the other party.
How Does Insurance Affect My Claim?
Insurance companies play a significant role in personal injury claims. They will conduct their own investigations to determine fault and may offer settlements based on their findings. It’s important to remember that insurance companies aim to minimize their payouts, so having legal representation can help ensure you receive a fair settlement.
What Damages Can I Claim?
Even if you were partially at fault, you might still be entitled to various damages, including:
- Medical Expenses**: Costs for hospital stays, surgeries, medication, and rehabilitation.
- Lost Wages**: Compensation for time off work due to your injuries.
- Pain and Suffering**: Non-economic damages for physical pain and emotional distress.
- Property Damage**: Costs to repair or replace damaged property, such as your vehicle.
Claiming personal injury compensation can be complex, especially if you were at fault. Understanding the comparative fault rules in your state, particularly in New Jersey, is essential. While you can still recover damages if you are 50% or less at fault, your compensation will be reduced accordingly.
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