In this article, you will discover:
- The difference between comparative negligence and contributory negligence.
- What type of negligence New Jersey law is structured off of.
- What makes a solid premises liability case.
Can I Recover Damages In A New Jersey Premises Liability Claim If I Was Partially To Blame For The Incident That Caused My Injuries?
You can recover damages in New Jersey premises liability cases. Whether you do or how much you do, depends on the level of negligence the court deems you responsible. This is called comparative negligence. New Jersey made it the law about 50 years ago. Prior to this, the state used contributory negligence.
Under New Jersey comparative negligence, so long as you are 50% or less negligent in the incident, you are awarded the amount of the total award that corresponds to the percentage the court deems you are responsible. So, for example, in a case where the award is $100,000, and you are found 40% negligent, you would receive $60,000.
What Do Experienced Personal Injury Attorneys Look For Regarding The Viability Of A Case? What Determines If A Case Has A Good Chance Of Recovery Or Not?
We tend to look for two basic things when assessing the viability of a premises liability case.
- Statute of limitations. If a potential client contacts us and the incident occurred outside of the statute of limitations,(2 years) more likely than not, we do not accept the case. There are very few exceptions to this.
- Economic viability. Before taking them on, we thoroughly evaluate potential cases to see if they even make sense economically. Many cases have a low chance of winning to begin with – maybe the injured person seems to be 50% negligent or the case lacks facts that a jury would need to evaluate. It does not make sense to take on a case with these intense currents flowing against it when it is not economically viable on top of that.
Beyond this, many bad cases violate the common sense rule. A jury is a group of people at the end of the day. If you think a situation does not hold water, there is a good chance a jury would think the same. However, this article is not legal advice specific to you. As such, it is best to consult a lawyer before writing off your potential premises liability case. Certain laws or exceptions could apply to it that you are unaware of.
With the guidance of a skilled attorney for Premises Liability Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.