Lee Law Firm logo
(973) 315-9080

Hablamos Español!

Comparative Negligence in New Jersey

Compensation Negligence
September 9, 2019
Lee Law Firm , LLC

What Happens When You Are Partially Responsible for Your Own Injuries?

When you have suffered loss because of the wrongful or careless act of another person, you have the right to seek compensation for your injuries. As a practical matter, though, it’s relatively common for there to be multiple causes of an accident. In fact, a jury may find that you were negligent in some way, contributing to the factors that led to the accident. What are the potential ramifications of a finding that you were partially responsible for your own injuries?

In New Jersey, as in all other jurisdictions, the laws governing this type of situation have changed over the last century. As the initially developed, the concept of “contributory negligence” was controlling. Under the doctrine of contributory negligence, an injured person who caused his or her losses, to any degree, could not recover any compensation. This approach led defense attorneys to look for even the slightest or remotest indication of negligence by an injured party and to seek to avoid liability based on the theory of contributory negligence. This often led to patently unfair results, where an grossly negligent person could escape all liability if the injured party made the slightest mistake.

In response to public perception of the inherent unfairness of such a doctrine, all fifty states have adopted some form of what is known as “comparative negligence.” Under a comparative negligence scheme, the court looks at the total amount of an injured party’s losses, and reduces that damage award by the degree of liability.

Not surprisingly, two different forms of comparative negligence have evolved: pure comparative negligence and modified comparative negligence. Under a pure comparative negligence approach, an injured party will always receive some compensation, unless the court determines that he or she was entirely liable. Under a modified comparative negligence model, there’s a threshold for the liability of the injured party, typically 50%. If the court determines that the injured party’s responsibility was greater than the threshold, there will be no recovery. New Jersey is a modified comparative negligence state.

Contact Our Office

At Lee Law Firm, we have extensive knowledge and experience successfully handling personal injury claims. We take all personal injury cases on a contingency basis—you won’t pay any attorney fees unless we recover compensation for your losses.

Call us at 973-315-9080 or contact us online to schedule an appointment. We are available to meet with you evenings and weekends, if necessary. We welcome all major credit cards. ¡Nosotros hablamos español!

Related Blog Post

car crash

Things You Don’t Want to Do after an Automobile Accident

July 10, 2023
Lee Law Firm , LLC
New Jersey Personal Injury Claims
Don’t Admit Fault | Don’t Let Witnesses Get Away | Don’t Take the Insurance Company’s First Offer You’ve suffered needless injury because of the wrongful or careless acts of another motorist. You have the right to pursue damages for all your losses, from wages and income to unpaid medical bills, from pain and suffering to […]
negligence vs strict liability

Negligence vs. Strict Liability

April 5, 2023
Lee Law Firm , LLC
New Jersey Personal Injury Claims
Recovering Compensation after a Personal Injury When you’ve suffered needless injury because of the wrongful acts of another person, your first thoughts are often about how you’ll survive financially. You may be unable to work or you may need significant medical treatment (which may or may not be covered by insurance). In most instances, you’ll […]
worker on a rooftop

What Should You Do If Denied Workers' Compensation for a Workplace Injury?

April 4, 2024
Lee Law Firm, LLC
Workers’ Compensation Lawyer
When you suffer a workplace injury, the financial stability offered by workers' compensation seems like a beacon of hope. This system is designed to cover your medical bills and part of your wages, allowing you to focus on recovery without the stress of financial ruin. Yet, receiving a denial letter from the insurance company can […]


Email us using this contact form and we will quickly reach back out with answers.

lee law firm Springfield map


150 Morris Ave. Suite 202 
Springfield, NJ 07081
 (973) 315-9080
(973) 315-9081


600 Mt. Prospect Avenue
Newark, NJ, 07104
 (973) 315-9080
(973) 315-9081


East Orange
Perth Amboy
Essex County
Passaic County
Bergen County
Hunterdon & Somerset County
Jersey City
Union County
Middlesex County
Hudson County
Monmouth County
© 2024 Lee Law Firm, LLC . All Rights Reserved. Terms & Conditions | Privacy Policy
Powered By: