Personal injury laws vary from state to state. Pennsylvania and New Jersey follow a system using the modified comparative negligence rule, in which injured parties can only recover damages to the extent that they are not negligent as long as they are not more than 50 percent at fault. If they were found to be 51 percent or more at fault, they recover nothing.
Using an auto accident as an example, if you sue someone you believe caused your car wreck and you were found to be 40 percent at fault, you could recover damages. In this case, if you suffered $10,000 in damages, the final award would be reduced by 40 percent. You would receive $6,000.
With modified comparative negligence, you would not recover anything if a court found you 51 percent at fault.
Modified comparative negligence, or the 51 percent rule, is used in most states. This rule could affect the amount of damages you recover in a variety of cases, from slip and fall accidents to truck and motorcycle accidents.
If you have suffered an injury in Pennsylvania or New Jersey, contact Flager & Yockey, P.C. We can help. Let our knowledgeable, skilled lawyers represent you and give you the personal attention you deserve.
Call (215) 953-5200 or 1-888-470-1099 today for your free personal injury consultation. You don't pay us unless you win.
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