Review us

Available 24/7

(973) 675-8277
Se Habla Español
Nou Pale Kreyol

Recovering compensation when you were partly at fault

On behalf of Goldstein Goldstein

Most personal injury cases are based on the theory of negligence. If one party caused an accident through negligence, the injured party can hold the negligent party liable for their damages. The idea is to help the injured party return as much as possible to the condition they were in before the accident, and to hold the other party accountable when they have hurt someone else through their own negligence.

However, there are some cases where both parties contribute fault to the accident, where even a party who was partly at fault can hold the other party liable for their damages. New Jersey law deals with this type of situation using a legal doctrine called comparative fault. Under this doctrine, a party can recover compensation for their damages so long as their share of the fault for the accident was less than 50%. However, their recovery will be reduced in proportion to their share of the fault.

Determining fault

To explain how this works in practice, imagine a case where Janet causes is texting while driving when she crashes into a car driven by Missy. The accident injures Missy, and she suffers  $1 million in damages. Janet has a duty to others to exercise care while driving, and she has breached her duty by looking at her phone instead of at the road ahead. Therefore, she can be held liable for Missy’s damages. However, the court examines all the evidence and finds that Missy herself contributed to the accident by speeding.

The court assigns a percentage of fault to each party, finding that Missy was 25% at fault, while Janet was 75% at fault. Because Missy’s share of fault was less than 50%, she can recover compensation from Janet. However, her recovery is reduced in proportion to her share of fault. This means instead of recovering the full $1 million, her recovery is reduced by 25%. At most, she can recover $750,000.

Damages in a car accident case can include things like medical expenses, pain and suffering and lost wages. In cases of serious injury, the total of damages can be extremely high, and can lead to financial ruin for a whole family. The injured and their family members should seek out help from a personal injury attorney to learn more about their options for recovery.

Client Reviews

“The Very Best in the State of N.J. and very aggressive on cases. I recommend them to anyone looking for a fair shake and a great outcome. Thank You so very much for helping me Goldstein and Goldstein, LLP. Thank You from Byron Teal.”

Bryon Teal

“When it comes to Goldstein and Goldstein law firm get ready to have a firm that is not only professional but will go above and beyond for you! I felt like I was family and that my case the only one they had( even though it wasn’t)! My lawsuit from my car accident was a long and steady road that Richard, Michael and his staff paid so much personal attention to. I am completely grateful for all of their efforts!! Because of their due diligence, I will be a home owner by the end of 2020, be completely out of debt, and have a great amount set aside for my retirement! So to all of the Goldstein and Goldstein law firm lawyers and staff THANK YOU!! You will forever also be a part of my family too!! I can truly see why this firm was under the Super lawyer firms!! You all are #1 in my book ”

Felica Aharon

“If you are looking for someone to care, then this is the place. Michael and the staff are great. Melissa is wonderful, polite and kind as well as everyone else. I appreciate everything they’ve done for me.”

Michelle Bennett

“They’re always super courteous, and quick to respond to any of my questions which is super helpful for someone who isn’t familiar with the process of law. I’m super glad my uncle recommended me this law firm, definitely deserving of a 5 star rating.”

Israel Amaya

“These guys are THE BEST!!! They are honest and take a no nonsense approach. Not wasting time and stacking hidden fees. Extremely pleased with their results.”

Jean Labeaf

“Goldstein & Goldstein, is a professional Lawyer known the best for you when you contact them for your case, they would never disappoint you, whatever your case may be, they would work with you and make sure you’re good, so I personally recommend, Goldstein & Goldstein, LLP ATTORNEY AT LAW”

Amos Olayemi

“Goldstein and the secretary’s in the office stayed on top of my case , and got me a settlement I was satisfied with I highly recommend there services.”

Khalif Emile

“Great service to the people.Anytime i propose a question it is answered in a timely manner.Very helpful and committed.Thank You Guys!!!!”

hassan jackson

“Amazing place, definitely will recommend to anyone that needs a good lawyer!! There’s a wonderful lady called Melissa and also Michael that took care of our case. The process went smooth and they took care of everything, it takes time but you just have to be patient and wait for a good result. I’m giving this place a 5 stars.”

Komi Awumey

“This place kept in contact with me through my case, they helped me with great treatment and the attorney Michael is very good man and they work very fast. When I go to the office they are very nice to me and make me feel comfortable.”

Denise Francios

“Michael Goldstein is an awesome attorney. They provide you with the best customer service and they make sure you and your family are taken care of. The outcome for my slip and fall case was a very good one and I couldnt ask for a better attorney. I will recommend anyone here...Thank you Goldstein & Goldstein..”

Tyra Rulz

“Melissa Quintero has been absolutely amazing from day one. She is extremely diligent with her work and keeps a positive attitude when dealing with tough situations. She genuinely puts the client first and has kept things simple for me. Highly Recommend her services!”

Saahil Dhawan

“My brother recommended me to this firm and I was so happy he did. I was so happy with the outcome of my case. Michael got me money and fast! Thank you again I would def recommend him,”

Leonor Santiago

“I was referred to Goldstein and Goldstein by a friend after a car accident and the service I received was exceptional! Thank you guys! Like”

Simone J

“Michael Goldstein is an awesome attorney. They provide you with the best customer service and they make sure you and your family are taken care of. The outcome for my slip and fall case was a very good one and I couldnt ask for a better attorney. I will recommend anyone here...Thank you Goldstein & Goldstein..”

Tyra Rulz