Essential Legal Services To Individuals And Families In Morris County And Throughout New Jersey
Last updated on February 14, 2025
When you suffer a serious personal injury, or you lose a loved one in an accident, you have the right to seek financial compensation. Our personal injury attorneys and wrongful death lawyers will aggressively negotiate with insurance companies and litigate your claim to help you recover the money you need to compensate you for:
- Medical expenses
- Lost wages
- Pain and suffering
Insurance companies work hard to limit your financial recovery. We work hard to maximize it. If you were injured or lost a loved one in an auto accident in New Jersey, our team of investigators, accident reconstruction experts and litigators will go to work for you immediately. In any accident claim, it is important to obtain and preserve evidence as soon as possible. So do not wait to contact us to speak with a Morris County, New Jersey, auto accident lawyer.
We have successfully represented clients in personal injury and wrongful death litigation involving:
- Auto, truck and motorcycle accidents
- Premises liability
- Slip-and-fall injuries
- Dog bites
- Inadequate security
- Workers’ compensation
How Comparative Negligence Works In Injury Cases
Personal injury law in Morristown, New Jersey, covers several categories of accidents where victims can file a claim against the liable party. Plaintiffs have the right to seek compensation, but state law governs how much they can receive.
Each state sets negligence laws that restrict how much compensation victims receive. Most states follow the comparative negligence law, which requires parties in a personal injury case to share a percentage of fault.
The percentage of fault gets deducted from the amount that the plaintiff seeks from the defendant. For example, if the plaintiff seeks $30,000 and the court assigns 10% fault, they collect $27,000. This law ensures that providers only pay for the damages caused by their client.
Alabama, North Carolina, Maryland, Virginia and Washington, D.C., apply contributory negligence rules, meaning the plaintiff didn’t follow reasonable care to avoid injury. If the plaintiff is found to be just 1% at fault, they cannot collect damages.
Modified comparative negligence
Comparative fault divides into two subcategories: modified comparative fault and pure comparative fault. Twenty-one states including New Jersey apply the modified comparative fault laws, meaning plaintiffs cannot recover damages if they are over 51% fault. Some other states that follow the 51% rule include Hawaii, Illinois, Indiana, Oregon and Pennsylvania.
This law is in between contributory negligence and pure comparative negligence, which allows both parties to collect regardless of blame percentage. If the plaintiff wishes to collect full damage from the defendant, they must prove they are 60% at fault. Twelve states apply the 50% modified comparative fault law, which prohibits compensation at 50% or more fault.
The outcome of each accident case is left to the discretion of the jury and often includes exceptions, such as product liability cases. Knowledge of how these laws work may help a plaintiff decide if they should seek compensation.
Contact Us Today For Help After An Accident
Working with an experienced attorney is your best chance for securing the money you need for your recovery. Laufer, Dalena, Jensen & Doran, LLC, can help. Contact us to schedule a CONSULTATION with an experienced New Jersey personal injury attorney or wrongful death lawyer. Call 973-975-4043 or send us an email.
We are conveniently located in Morristown, New Jersey, and serve clients throughout Somerville, Morris County, and Essex County.