You slipped on icy steps, but you were looking at your phone. You were rear-ended, but your brake lights were dim. If you’ve been injured and suspect you might be partly responsible, you’re not alone, and you’re not out of options.
New York and New Jersey allow injured people to recover compensation even when they share fault. But how much you get—and whether you recover anything—depends on your state's laws and how your case is handled.
At Hofmann & Schweitzer, our experienced New Jersey and New York personal injury attorneys will thoroughly investigate your case and work to apportion fault honestly so that you get the fair recovery you deserve.
State Comparative Negligence Laws
Comparative negligence is a legal rule that determines how much compensation you can recover after an accident when you and at least one other party share responsibility for what happened.
Rather than automatically denying your claim because you share some liability, comparative negligence allows more than one party to be at fault.
Each state has its own version of the rule.
New York Pure Comparative Negligence
New York has a contributory negligence law, which means you can recover damages even if you’re 99% at fault. Your percentage of fault simply reduces your compensation.
New Jersey Modified Comparative Negligence
New Jersey uses modified comparative negligence, allowing you to recover only if you’re 50% or less at fault. If you’re found 51% or more responsible, you get nothing. If you are less than 50% responsible for causing the accident, you may recover damages, but your recovery will be reduced by the percentage of fault attributed to you.
Here’s How Comparative Negligence May Affect Compensation
Let’s say you’re injured in a construction accident or a car crash, and the total damages (medical bills, lost income, pain and suffering) are $100,000.
- In New York, if a jury finds you 51% responsible, you would still receive $49,000.
- In New Jersey, you would receive nothing if you're found 51% at fault. But if you're found 49% at fault, you'd recover $51,000.
That 2% difference can mean tens of thousands of dollars or walking away with nothing. And insurance companies know it. They may aggressively argue that your percentage of fault is higher than it really is to reduce or deny your payout.
Examples of Partial Fault in Personal Injury Cases
Insurance adjusters and defense attorneys look for any opportunity to say you contributed to your injury. For example, they may claim you were partially at fault for:
- Slipping on a wet floor but not noticing the warning sign
- Being rear-ended while driving with faulty brake lights
- Falling from scaffolding without wearing a harness
- Crossing the street outside of a crosswalk when hit by a speeding driver
Even minor mistakes can be used against you.
Why Legal Strategy Matters in Shared Fault Injury Claims
Comparative negligence isn't just a math problem—it's a battleground for arguments. The more fault pinned on you, the less you recover.
To fight back, your legal team needs to:
- Investigate thoroughly. Secure video footage, witness statements, and expert analysis before evidence disappears.
- Document all safety failures. For example, show that your employer failed to provide protective gear, or a property owner ignored known hazards.
- Challenge biased insurance tactics. Insurers may use recorded statements or misleading questions to twist your words and increase your fault percentage.
- Build a clear narrative. Juries and judges respond to stories that make sense. The proper framing of events can shift how fault is allocated.
This isn’t something to leave to chance or to handle alone.
If there are several other parties involved in your accident, then it gets even more complex. That is why you need to speak to a qualified New York and New Jersey lawyer.
How Experienced New York and New Jersey Personal Injury Lawyers Can Help
At Hofmann & Schweitzer, we represent injured workers and accident victims throughout New York and New Jersey, including cases where fault is contested. Our team knows how to challenge unfair blame, present strong evidence, prove negligence, and pursue full and fair compensation, even in complicated comparative negligence cases.
Whether your injury happened on a construction site, in a motor vehicle accident, or on unsafe property, you don’t have to accept less than you deserve.
