New Jersey Jury Instruction - 7.7.1 General Instruction - Comparative Negligence Defense
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Comparative Negligence For example, if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff can recover $75,000 of the damages and will be responsible for $25,000. Even if the plaintiff is 99% responsible for the accident, he or she can recover 1% of the damages.
Contributory Negligence vs. 3 The amount awarded in an insurance claim might be calculated as follows: Plaintiff's recovery = (Defendant's % of fault * Plaintiff's proven damages).
Comparative Negligence as a Legal Defense The defense must establish that the victim's actions aided in causing the accident. While a comparative negligence defense would not absolve a defendant from blame, it would reduce their level of fault and any costs they are ordered to pay.
A defendant has the burden of proving comparative negligence. The defendant must show the plaintiff acted below the level of care a reasonable person would have shown and that these actions on the part of the plaintiff were a contributing factor to injuries the plaintiff sustained.
The trial court calculates comparative negligence statistics based on the "defendant's degree of culpability," or how much the defendant's acts contributed to the plaintiff's injuries as a result of the plaintiff's personal risk assessment and knowledge of the danger.
Modified Comparative Negligence: Under the 50 percent bar rule: the plaintiff may not recover damages if they are found to be 50% or more at fault. Under the 51 percent bar rule: the plaintiff may not recover damages if they are assigned 51% or more of the fault.
Comparative negligence states that when an accident occurs, the fault and/or negligence of each party involved is based upon their respective contributions to the accident. This allows insurers to assign blame and pay insurance claims ingly.
Under New Jersey's Comparative Negligence law, an individual's fault for the accident cannot be more than the individual from whom damages are sought. Therefore, recovery of damages is permitted when each person in a 2 car accident is 50% at fault, but not if you are more at fault than the other person.