This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Damages Allocation in New Jersey

Under New Jersey’s comparative negligence statute, a plaintiff’s damages are reduced by their share of fault only when that share is 50% or less; if the plaintiff is more than 50% at fault, they recover nothing. This rule, codified at N.J.S.A. § 2A:15-5.1, follows a modified comparative fault model. The statute provides that any percentage of fault assigned to the plaintiff that does not exceed the verified threshold permits recovery, but the award is reduced proportionally by the plaintiff’s assigned percentage. The official source at Justia sets out the statutory factors used to allocate fault. The worked example below demonstrates how the reduction applies. To estimate damages under this rule for a specific case, use the DocketMath calculator.

Governing authority

In New Jersey, the damages allocation rule is set by N.J.S.A. § 2A:15-5.1. The verified packet cites N.J.S.A. § 2A:15-5.1 (https://law.justia.com/codes/new-jersey/title-2a/section-2a-15-5-1/).

New Jersey damages allocation: the verified value is 50% under N.J.S.A. § 2A:15-5.1. The verified packet cites N.J.S.A. § 2A:15-5.1 (https://law.justia.com/codes/new-jersey/title-2a/section-2a-15-5-1/).

Estimate your own result: every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.