New Jersey personal injury law allows even the negligent to sue which was not always the case. If you were hurt in an accident for which you were partly to blame, you can still be able to collect money damages.
In the day of contributory negligence you would not be entitled to restitution however. This concept says that anyone who is partly to blame for the accident cannot receive any money damages. But that has given way to the law of comparative negligence.
The law case that contributory negligence was founded on was an old English case before the invention of the automobile. A man was injured when he drove his carriage at night over a large log left in the road negligently by the home owner living near the road.
The court awarded the carriage driver money damages, but the appeals court overruled the case. The appeals court said that the carriage driver was partly at fault because he did not have his lamp on.
The court reasoned that if the driver had repaired his light he would have had it turned on and he would have been able to see the log and avoid running over it, therefore he contributed to the accident and was not allowed to collect money damages.
Contributory negligence has long been determined to be a harsh concept. Under this theory, any amount of fault, even on percent could bar all recovery. Therefore, the law of comparative negligence evolved which allows a person to recover damages according to the percent of his or her negligence.
If the case goes to trial, the jury determines the percent of fault on the part of person injured and adjusts the award accordingly. So if you have been hurt in an accident and are partly to blame, you will still be entitled to money damages.
Hiring a New Jersey personal injury lawyer for your case is an important decision. You must make sure you are comfortable with the attorney you choose. Performing research and interviewing a qualified Neptune injury attorney is a good idea.
