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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
Comparative negligence allocates fault among multiple parties in a car accident. Unlike contributory negligence, which can bar recovery if a plaintiff is even slightly at fault, comparative negligence offers a balanced approach. It recognizes that multiple parties often share responsibility to varying degrees. This doctrine is especially important in motor vehicle accidents, where the actions of more than one driver typically contribute to the incident.
Understanding comparative negligence is essential for anyone involved in a collision. This knowledge can influence the outcome of a personal injury claim by affecting fault determination and damage calculations. For New Jersey residents, it is important to understand how state-specific rules govern comparative negligence and impact claims.
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New Jersey follows a “modified comparative negligence” rule, known as the 51% rule. Injured parties can recover damages only if they are 50% or less at fault. If they are more than 50% at fault, they cannot recover any compensation. This rule allows plaintiffs to seek damages even if they share some responsibility, as long as their fault does not exceed the defendants’ share.
The percentage of fault assigned to each party directly affects compensation. For example, if a plaintiff is 20% at fault, their total recovery reduces by that percentage.
New Jersey’s system differs from “pure comparative negligence” states, where plaintiffs can recover damages regardless of their fault, though their recovery decreases based on their degree of responsibility. Understanding these differences is essential for anyone involved in a motor vehicle accident in New Jersey.
Accident reconstruction experts analyze how an accident occurred, helping establish the sequence of events and assign fault accurately. Their detailed assessments ensure that fault determination is fair and precise.
New Jersey’s modified comparative negligence rule reduces a plaintiff’s compensation based on their share of fault.
Compensation Reduction
For example, if a plaintiff suffers $100,000 in damages but is 30% at fault, they recover $70,000. This adjustment reflects the plaintiff’s responsibility and prevents full compensation for accidents they contributed to.
No Compensation Over 50% Fault
If a plaintiff is more than 50% at fault, they cannot recover any compensation, regardless of injury severity or damages.
Understanding how fault percentages affect compensation is essential for plaintiffs in motor vehicle accident cases. Accurately establishing fault and effectively presenting your case can help minimize your assigned fault and maximize your recovery.
The Epstein Law Firm develops legal strategies tailored to each case. They guide clients from the initial consultation through final resolution, ensuring clients stay informed and prepared at every stage of the process.
Understanding New Jersey’s comparative negligence laws is crucial for anyone involved in a motor vehicle accident in the state. The allocation of fault can significantly impact the outcome of a personal injury claim, affecting both the determination of liability and the calculation of damages. By securing experienced legal representation from firms like The Epstein Law Firm, plaintiffs can navigate these complexities more effectively, ensuring a fair and just resolution to their case. Contact us today at 201-231-7847 or schedule a consultation online to learn more.
Selected results involving motor vehicle accidents reported by The Epstein Law Firm, P.A.:
$4,195,000 verdict · $1,650,000 settlement
Read the firm’s published verdicts and settlements
Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.
These excerpts describe experiences with the firm. They are not identified as cases in this practice area and do not predict another outcome.
“Ms. Gilmore was very attentive with my case and walked me through it with ease. We had lots of laughter and even tears at times because I felt she put everything into achieving the best possible outcome for my benefit. I was able to relax and depend on her knowledge and expertise of the law.”
— Patricia · Read the full Google review
“George Morton, Esq. of the Epstein Law Firm is a brilliant attorney who helped my wife after a traumatic, near-death incident when we were pedestrians struck by a car on the sidewalk.”
— Esad · Read the full Google review
No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Rating methodology
The Epstein Law Firm serves clients from three New Jersey locations:
Call for a free consultation.
*Results may vary depending on your particular facts and legal circumstances. *No aspect of the advertisement has been approved by the Supreme Court. View Rating Methodology
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340 West Passaic Street Rochelle Park, NJ 07662
Fax: 201-845-5973 201-231-7847
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560 Sylvan Avenue, Suite 1000-A Englewood Cliffs, NJ 07632 (By Appointment Only)
201-734-3763
Map + directions
18-20 Lackawanna Plaza, Suite 200 Montclair, NJ 07042 (By Appointment Only)
973-381-8410
The Epstein Law Firm
The Epstein Law Firm