A person is applying a bandage on another person’s hand

Understanding Comparative Negligence in New Jersey Personal Injury Cases

If you or your loved one has been injured in an accident, it’s crucial for you to know about comparative negligence to file a personal injury case. Understanding how it works and its implications on your claim can help you better navigate the legal process and improve your chances of obtaining fair compensation.

Comparative negligence is a legal doctrine used to allocate fault for an accident among all parties involved. This means that the court will determine the percentage of blame each party bears for causing the accident. In contrast, some states follow a "contributory negligence" system, where if you are found even slightly at fault, you are barred from recovering any compensation.

New Jersey adheres to a "modified comparative negligence" system. Here’s everything you need to know about it.

New Jersey's Modified Comparative Negligence Rule

  • Fault Percentage:The court will assess the fault of each party involved in the accident, assigning a percentage of liability (blame) to each. For example, the court might find you 20% at fault and the other party 80% at fault.
  • Reduced Damages:If you are found partially at fault, your compensation award will be reduced by your percentage of fault. Continuing the prior example, if your total damages are $100,000, and you are found 20% at fault, you would receive $80,000 (100,000 x (1 - 0.20)).
  • 51% Bar Rule:New Jersey follows the modified comparative negligence rule with a 51% threshold. If you are found to be 51% or more at fault for the accident, you are barred from recovering any compensation from other parties.

How Comparative Negligence Affects Your Claim

Determining Fault

In a personal injury case, determining fault is essential. Evidence such as police reports, witness statements, and expert testimonies help establish the degree of fault for each party.

Important Tips: Collect as much evidence as possible from the accident scene, including photos, videos, and witness information. This evidence will be crucial in establishing fault. Get immediate medical attention and keep detailed records of your injuries and treatment. Medical documentation is essential for proving the extent of your damages.

medical imaging of an injury on the handImpact on Compensation

The amount of compensation you receive is directly impacted by your percentage of fault. Accurately assessing and arguing the degree of fault can make a significant difference in your recovery.

Negotiation and Litigation

Insurance companies and opposing parties often use the comparative negligence rule to minimize their liability. Understanding this principle helps you better negotiate settlements and prepare for litigation if necessary.

Important Tips: Be mindful of what you say to insurance adjusters and other parties involved in the case. Statements can be used against you to argue a higher degree of fault.

Comparative negligence can be a complex legal concept. Hiring our experienced personal injury attorney Wayne, NJ, can significantly improve your chances of a favorable outcome. At Donnelly & Warner, our personal injury lawyers have litigation expertise and courtroom experience. Whether it’s an automobile accident or a construction accident, we can help you get a fair compensation.

Call us now for a free legal consultation.


A person with a broken hand

Understanding Liability in Slip and Fall Accidents in Wayne, NJ

Slip and fall accidents can happen to anyone, anywhere, at any time. Whether it's a slippery floor in a grocery store or a poorly maintained sidewalk, these accidents can lead to serious injuries and financial burdens.

However, with the help of injury lawyers, injury victims can understand liability and seek compensation for their slip and fall accidents.

What is a Slip and Fall Accident?

A slip-and-fall incident happens when an individual slips, trips, or falls because of unsafe conditions on another person's premises. These hazards can range from wet floors to uneven surfaces.

Determining Liability

Liability in slip and fall accidents often rests on whether the property owner or manager acted negligently. If they knew about the dangerous condition but failed to address it or warn visitors, they may be held liable for any resulting injuries.

However, if the property owner took reasonable steps to maintain the premises and the accident was unforeseeable, they may not be held responsible.

Factors Affecting Liability

There are several factors that can influence liability in slip and fall accidents, such as:

  • Negligence: Did the property owner fail to take reasonable precautions to prevent accidents?
  • Notice: Was the property owner aware of the hazardous condition, or should they have been aware of it?
  • Visitor's Responsibility: Did the visitor take reasonable care to avoid the hazard?
  • Contributory Negligence: If the visitor contributed to the accident by being careless, their compensation may be reduced.

A doctor putting a cast on a patient’s hand.Legal Advice for Victims

If you've been injured in a slip and fall accident in Wayne, NJ, seeking legal services is essential. A skilled personal injury attorney can assess your case, determine liability, and help you pursue compensation for medical expenses, lost wages, and pain and suffering.

Steps to Take After a Slip and Fall Accident

Seek medical attention immediately.

Report the accident to the property owner or manager.

Document the scene, including photos of the hazard and witness statements.

Contact a personal injury lawyer in Wayne, NJ, to discuss your legal options.

Understanding liability in slip and fall accidents in Wayne, NJ, is important for injury victims seeking justice. By knowing your rights and seeking legal advice, you can pursue fair compensation for your losses.

If you've been injured due to accidents, negligence, or malpractice, you deserve justice and compensation. At Donnelly & Warner, LLC, we offer legal services as personal injury attorney Wayne, NJ.

Contact us today!


Three women in a discussion

How Do I Know If I Need a Personal Injury Lawyer?

How Do I Know If I Need a Personal Injury Lawyer?

Personal injury cases can be complex and overwhelming, especially when you’re dealing with physical pain, emotional distress, and financial strain. Whether you've been involved in a car accident, slip and fall incident, or a different type of accident caused by someone else's negligence, knowing when to seek legal help is crucial.

At Donnelly & Warner, LLC, we have leading personal injury attorneys in Passaic County and Wayne, NJ. Here are some signs that indicate it may be time to consult with our personal injury lawyer:

Sustained a Major Injury Due to Someone Else’s Actions

Most personal injury cases are due to someone else’s fault. This can include car accidents, pedestrian accidents, workplace incidents, dog bites, medical negligence, and more. Severe injuries can result in substantial medical expenses, loss of income, and long-term disability, making it essential to have a skilled attorney fighting for your rights.

If you were partly or fully responsible for the incident, you might not be able to file a personal injury or tort claim. In either case, a knowledgeable professional, such as an attorney can help you.

If You Can’t Afford Medical Bills Upfront

Medical expenses can quickly add up following an accident, especially if you require ongoing treatment or surgery. If you're unable to afford medical bills upfront, a personal injury lawyer can help you explore options for covering your expenses. They can work with healthcare providers to arrange payment plans or pursue compensation through a personal injury claim to ensure you receive the necessary medical care without financial strain.

You Suffered a Permanent Disability

Accidents resulting in permanent disabilities can significantly impact your quality of life and future earning potential. If you (or someone you know) suffered a spinal cord injury, amputation, chronic pain, or another type of permanent disability, a personal injury lawyer can help. They will advocate for your rights and pursue compensation for your long-term needs.

Our personal injury attorneys work with medical experts to assess the full extent of your disability and calculate the appropriate damages to cover your ongoing medical care, rehabilitation, and loss of income.

A person holding a crutch and walking caneLiability is Questioned

In some cases, determining liability for an accident may be challenging, especially if multiple parties are involved or the other party disputes responsibility. If liability is being questioned, it becomes even more crucial to have a skilled legal advocate on your side. Our skilled personal injury lawyers can investigate the accident’s circumstances, gather evidence, and build a strong case on your behalf. They can navigate the complexities of the legal system to hold the negligent party accountable.

Not Getting a Fair Settlement Offer

Insurance companies often try to settle personal injury claims quickly and for the lowest possible amount. If you've received a settlement offer that doesn't fully compensate you for your damages, including medical expenses, lost wages, pain and suffering, and other losses, it may be time to consult with our personal injury lawyer. They can assess the value of your claim, negotiate with the insurance company on your behalf, and, if necessary, take your case to court to pursue fair compensation.

At Donnelly & Warner, LLC, we have over 60 years of combined experience in providing legal representation to 1000+ satisfied clients in New Jersey. If you or someone you know is experiencing any of these signs following an injury or accident, it’s best to consult us.

We have a team of seasoned personal injury lawyer Wayne NJ, accident lawyers, and medical malpractice attorneys, providing comprehensive legal services Passaic County and Wayne, NJ. Call us today to schedule a consultation.


female lawyer at law desk

What You Should Consider When Hiring a Lawyer in New Jersey

When you are hiring a lawyer in New Jersey, there are several factors to consider.

Whether you are looking for representation during a business dispute or help with an injury claim, there are many reasons you might need a reputable lawyer in your area.

Hiring a lawyer is a very important choice you will make in your life and it can have a significant impact on the outcome of your claim and the quality of your life.

This isn’t a process to rush, so take your time to discover some of the most important aspects of hiring a lawyer in the New Jersey area you trust implicitly.

Watch Video Summary:

You Should Consider Their Areas of Expertise

If you have a specific legal query, you want to make sure that your chosen lawyer in New Jersey specializes in your area.

Let’s say you are looking to get into real estate; you will want to find an attorney in New Jersey that can help you with a variety of real estate transactions and issues.

Whether you are purchasing your first property or figuring out a problematic real estate deal, you need a New Jersey lawyer that will pay careful attention to your case.

Understanding their areas of expertise will help you figure out whether they are the right fit for your case.

How Much Experience Do The Prospective Lawyers Have?

You also need to consider how much experience your chosen lawyer has. If you are facing a complicated case, you don’t want a lawyer new to the field.

You need an experienced lawyer in New Jersey, who has a good track record. Look at their credentials and see how long they have been working in the industry for.

There are some fantastic lawyers in New Jersey who haven’t been practicing for long, but you need to choose someone you feel confident in.

Do They Have High Success Rates?

When you are looking for a reputable lawyer in New Jersey, you want to make sure they have a proven track record of success.

Remember that not every lawyer will have a 100% rate of success, but look for one that is as high as possible.

It is all about you and you want to make sure you get the best legal representation as possible. If this lawyer has helped clients in a similar situation to you in the past, it is likely that they will do the same for you.

Check if they have a history of being a strong and loyal advocate for their clients and you should be safe with your final choice.

Check Out Their Previous Client Reviews

One way to check out their track record is to look at previous testimonials from their clients.

Spend some time researching the firm and look for positive and negative reviews on their services so you'll get opinions from different perspectives.

Make sure you read the details on all the review to make sure you have a well-rounded view of the lawyer in New Jersey.

Make Sure They Fit Within Your Individual Budget

Hiring a lawyer in New Jersey is an expense that won’t come lightly to many people. Therefore, you need to consider legal representation that fits within your individual budget.

The cost of changing lawyers halfway through the process is much more damaging, so spend some time making the right decision the first time.

Ask the firm whether there are any additional costs you should know about. Similarly, there might be cases where you need not pay at all.

In many personal injury lawyer cases, they work on a contingency basis, meaning you don't have to pay unless you get a settlement.

Be Sure to Make a Good Connection With Them

Ultimately, you will spend a considerable amount of time with your chosen lawyer in New Jersey.

This means you need to connect with them on a personal level and make sure they understand you and your case.

They need to get to know the emotional and physical impacts to you so they do everything they can to fight your corner.

Are You Happy for Them to Represent You?

Remember that the lawyer you choose in New Jersey will serve as a representative for you.

If there are any reasons you wouldn’t be happy for them to be your spokesperson, you need to make a different choice.

You deserve to have complete control over the lawyer you choose, so don’t allow the firm to dictate which lawyer in New Jersey you get.

After an initial meeting, you should be able to request that specific person rather than another lawyer from the firm.

Do Your Research on a First-Hand Basis

You should be cautious of referral services online because they might not give you an accurate representation of the lawyer in New Jersey.

Work with a real-life lawyer who is genuinely knowledgeable in their field of work. Referral service websites often have no legal background and won’t be of much help to you.

Do your own research and make sure the lawyer in New Jersey has access to all the resources and information they need to support you in your case.

Consider these pointers when you are looking for a lawyer in New Jersey. Only the best of the best will support and protect you in the way you need.

Donnelly Warner can provide you with a variety of legal services, so explore our website and see if we can be of any help to you.