What Is the Difference Between Pure and Modified Comparative Negligence?

cars driving and tailgating

In order to have the chance of recovering damages after your car accident, you must prove the negligence of the at-fault party. With this, it is important that you understand the difference between pure comparative negligence and modified comparative negligence. Follow along to find out which law the state of New Jersey follows and how a proficient Middlesex County, NJ car accident attorney at Stathis & Leonardis, LLC can help you in navigating this.

What is the difference between pure versus modified comparative negligence?

Firstly, pure comparative negligence law holds that a plaintiff can still seek a monetary award for the injuries and damages they incurred in their car accident even if they were the majority to blame. For instance, if a plaintiff is determined to be 99 percent to blame, then they may still recover one percent of their damages.

On the other hand, modified comparative negligence law states that a plaintiff can only seek a monetary award for the injuries and damages they incurred in their car accident if they were partially responsible. For example, if a plaintiff is found to be 25 percent responsible, then they may recover 75 percent of their damages. But if they are found to be 75 responsible, then they will recover zero percent of their damages.

What type of negligence does the state of New Jersey recognize?

Notably, the state of New Jersey recognizes modified comparative negligence law. Meaning, you can, at most, be 49 percent at fault for your car accident to recover your damages.

And whether you are presenting your claim to an insurance company or a New Jersey court, you must have sufficient evidence that points to the other party being majorly to blame. Such evidence may include an accident report, photos and videos, surveillance camera footage, witness testimonies, doctor’s notes, and more.

What is the deadline for my car accident claim in the state of New Jersey?

Regardless of pure comparative negligence or modified comparative negligence, you must remember that the statute of limitations for personal injury claims, like car accident claims, in the state of New Jersey is two years. In other words, you have two years from the date when your accident occurred to bring your claim forward. Otherwise, you will be permanently barred from suing.

So, before it is too late, you must reach out to one of the talented Middlesex County auto accident attorneys. We look forward to collaborating with you.

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